Sherrie Johnson v. Ryan Conner, 754 F.3d 918

Decedent Alquwon Johnson, an inmate with documented mental illness, died by suicide on June 4, 2011; his mother Sherrie Johnson sued under 42 U.S.C. § 1983 and state law on August 8, 2011.
Plaintiffs allege county jail personnel (Conner, Mayo, Parham) failed to administer prescribed psychiatric medication and failed to take precautions after a prior suicide attempt.
Alabama amended Ala. Code § 14-6-1 (the Jailer Liability Protection Act) effective June 14, 2011, granting jail personnel the same immunities as sheriffs when acting within scope and in compliance with law.
Defendants moved to dismiss invoking the amended § 14-6-1; the district court denied the motion, holding the amendment inapplicable.
On interlocutory appeal, the Eleventh Circuit considered whether the 2011 amendment applies retroactively (to conduct before its effective date) or only prospectively, and whether the governing law is that in effect at the time of injury or at filing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether amended Ala. Code § 14-6-1 applies retroactively to bar claims for pre-enactment conduct	Johnson: Amendment cannot retroactively divest her vested cause of action arising at date of injury	Defendants: Legislature intended immediate effect; statute grants immunity (uses “shall”) and responds to Ex parte Shelley, so it should strip jurisdiction retroactively	Amendment does not apply retroactively; presumption against retroactivity controls absent clear legislative intent
Whether the law at time of filing (vs. time of injury) governs availability of immunity	Johnson: Remedy vested at time of injury; law at injury governs	Defendants: Immunity from suit exists only once suit is filed, so governing law should be law at filing	Court applies law in effect when injury occurred (time of injury governs), so amended § 14-6-1 does not provide immunity

McMillan v. Monroe Cnty., Ala., 520 U.S. 781 (S. Ct.) (sovereign immunity extends to sheriffs performing law-enforcement duties)
Ex parte Shelley, 53 So. 3d 887 (Ala. 2009) (Alabama Supreme Court held sovereign immunity did not extend to jailers)
Ex parte Burnell, 90 So. 3d 708 (Ala. 2012) (discussed deputy-sherriff immunity; noted 2011 § 14-6-1 amendments were not applicable)
Landgraf v. USI Film Prods., 511 U.S. 244 (S. Ct.) (framework presuming statutes not to apply retroactively absent clear intent)
Hughes Aircraft Co. v. U.S. ex rel. Schumer, 520 U.S. 939 (S. Ct.) (statutes affecting substantive rights are subject to presumption against retroactivity)
Pickett v. Matthews, 192 So. 261 (Ala. 1939) (Alabama constitutional protection of vested remedies once injury and breach occur)