Kelley v. Burnell
90 So. 3d 708
Ala.2012Background
- Kelley injured in Bibb County jail shower on December 13, 2007 while Burnell was jail warden.
- Defendants moved to dismiss arguing immunity for Sheriff Hannah and Burnell as deputy and that jail and sheriff’s department are non-suable entities; Bibb County also argued no liability for the jail slip.
- Burnell and Sheriff Hannah submitted affidavits showing Burnell, as warden, also performed deputy duties and was an APOST-certified peace officer.
- Kelley argued Burnell acted as warden, not as deputy, and that Ex parte Shelley forbids blanket immunity for jailers; Kelley claimed Burnell’s duties related to safety of jail premises.
- Trial court granted dismissal for Bibb County entities and Sheriff Hannah but denied as to Burnell; Burnell petitioned for mandamus.
- This Court granted mandamus, holding Burnell is immune as a deputy sheriff acting within line and scope of employment; directed dismissal of Kelley’s claims against Burnell.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Burnell enjoys State immunity as a deputy sheriff. | Kelley: Burnell acts as jailer, not deputy, so immunity should not apply. | Burnell: as deputy, immune when acting within line and scope of employment. | Burnell entitled to immunity; claims barred. |
| Whether Ex parte Shelley controls the immunity analysis here. | Kelley: Shelley limits immunity for jailers; Burnell not protected. | Shelley does not extend immunity to jailers who are also deputies. | Ex parte Shelley distinguishable; immunity extends to Burnell as deputy. |
Key Cases Cited
- Ex parte Shelley, 53 So.3d 887 (Ala. 2009) (deputy sheriffs immune; jailers not automatically shielded; alter ego concept limited)
- Ex parte Donaldson, 80 So.3d 895 (Ala. 2011) (deputy sheriffs immune; line-and-scope analysis governs)
- Parker v. Amerson, 519 So.2d 442 (Ala. 1987) (sheriff as executive officer immune from suit under Art. I, §14)
- Ex parte Haralson, 853 So.2d 928 (Ala.2003) (sheriff immune status discussed in line with Art. I immunity)
- Ex parte Sumter Cnty., 953 So.2d 1235 (Ala.2006) (claims against sheriffs/deputies immune when acting within course of employment)