Opinion

LeFrere v. Quezada

  • 588 F.3d 1317
  • 2009 U.S. App. LEXIS 26374
  • 2009 WL 4403363
Court
Court of Appeals for the Eleventh Circuit
Filed
Dec 4, 2009
Status
Published
Author
Carnes
On the bench
Carnes, Pryor, Dowd
Cited by
38 cases
Authority
More cited than 75.3%

The opinion

CARNES, Circuit Judge:

We recently issued an opinion certifying to the Alabama Supreme Court this question of state law: “Are jailers, like sheriffs and their deputies, absolutely immune from state claims for money damages based on actions taken within the scope of their employment?”

LeFrere v. Quezada,

582 F.3d 1260, 1269 (11th Cir.2009). We

*1318

did so because we needed to know whether the A'ne-guess we made twelve years ago in

Lancaster v. Monroe County,

116 F.3d 1419, 1431 (11th Cir.1997), that jailers were entitled to that immunity was an accurate statement of Alabama law.

LeFrere,

582 F.3d at 1268 . Only seven days after we issued our opinion certifying that question, the answer came from the Alabama Supreme Court in another case.

See Ex parte Shelley,

— So.3d-, Nos. 1080588, 1080863, 2009 WL 2997498 (Ala. Sept. 18, 2009).

Because of the

Shelley

decision, we now know that our

Lancaster

decision is not an accurate statement of Alabama law. We now know that jailers are not entitled to absolute state immunity under Art. I, § 14 of the Alabama Constitution. Because that is all we need to know to decide this appeal, the Alabama Supreme Court quite understandably and politely declined to answer our certified question in light of its

Shelley

decision.

Quezada v. LeFrere,

No. 1081741 (Ala. Dec. 1, 2009). The

Shelley

decision is the answer to our question.

Because the

Shelley

decision effectively overrules our

Lancaster

decision on the issue of absolute immunity for Alabama jailers facing state law claims, Officer Quezada’s motion to dismiss on that ground was properly denied.

AFFIRMED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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