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JOHNSON v. CONNER

No. 12-15228.

754 F.3d 918 (2014)

Sherrie JOHNSON, as administratrix of the Estate of Alquwon Johnson deceased, Plaintiff-Appellee, v. Ryan CONNER, Sonya Mayo, George Parham, Captain, Defendants-Appellants, Barbour County, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

June 13, 2014.

Attorney(s) appearing for the Case

Joseph A. Morris , Stephen Mark Andrews , Tracy W. Cary , Joseph Daniel Talmadge, Jr. , Morris Cary Andrews Talmadge & Driggers, LLC, Dothan, AL, for Plaintiff-Appellee.

Fred Lee Clements, Jr. , James Randall McNeill , Kendrick Emerson Webb , Webb & Eley, PC, Montgomery, AL, for Defendants-Appellants.

Before CARNES, Chief Judge, WILSON, Circuit Judge, and HUCK, District Judge.

HUCK, District Judge:

We are called upon to determine whether a recently amended Alabama statute granting sovereign immunity to jailers, which is silent on retroactivity, applies retroactively or only prospectively. Ala.Code § 14-6-1.1 For the reasons discussed below, we find that the traditional presumption against retroactivity applies here. Therefore, the new grant of immunity does not shield the jailers, Appellants in this case...

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