Howard v. City of Atmore12/12/2003
hension of such violators. Moreover, they have the further duty of detecting and preventing violations of law by prisoners, e.g., assaults on other prisoners, escapes, etc., and in that sense are literally law enforcement officers. ..."
"'... rison guards are "law enforcement officers," particularly since it is their duty to force the convicts to obey and endure the sentence of the law.'"
380 So. 2d at 942 (quoting and adopting the reasoning of Presiding Judge Cates in his special concurrence in Lowe v. State, 54 Ala. App. 280, 285, 307 So. 2d 86, 90-91 (1974), which was adopted by the court on rehearing) (emphasis added). We hold, therefore, that the guarding of a city jail by a regular municipal police officer is a "law enforcement dut " within the meaning of ยง 6-5-338(a).
Next, we consider Officer Bryars's conduct in light of the Cranman factors. In Cranman, we said:
"A State agent shall be immune from civil liability in his or her personal capacity when the conduct made the basis of the claim against the agent is based upon the agent's
"(1) formulating plans, policies, or designs; or
"(2) exercising his or her judgment in the administration of a department or agency of government, including, but not limited to, examples such as:
"(a) making administrative adjudications;
"(b) allocating resources;
"(c) negotiating contracts;
"(d) hiring, firing, transferring, assigning, or supervising personnel; or
"(3) discharging duties imposed on a department or agency by statute, rule, or regulation, insofar as the statute, rule, or regulation prescribes the manner for performing the duties and the State agent performs the duties in that manner; or
"(4) exercising judgment in the enforcement of the criminal laws of the State, including, but not limited to, law-enforcement officers' arresting or attempting to arrest persons; or
"(5) exercising judgment in the discharge of duties imposed by statute, rule, or regulation in releasing prisoners, counseling or releasing persons of unsound mind, or educating students.
"Notwithstanding anything to the contrary in the foregoing statement of the rule, a State agent shall not be immune from civil liability in his or her personal capacity
"(1) when the Constitution or laws of the United States, or the Constitution of this State, or laws, rules, or regulations of this State enacted or promulgated for the purpose of regulating the activities of a governmental agency require otherwise; or
"(2) when the State agent acts willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law."
792 So. 2d at 405 (emphasis in original).
Moreover, " e have established a 'burden-shifting' process when a party raises the defense of tate-agent immunity." Giambrone, ___ So. 2d at ___. Under this process, Officer Bryars "bear the burden of demonstrating that [Howard's] claims arise from a function that would entitle to immunity." So. 2d at . "If [he makes] such a showing, the burden then shifts to [Howard], who, in order to deny [Officer Bryars] immunity from suit, must establish that [Officer Bryars] acted willfully, maliciously, fraudulently, in bad faith," So. 2d at , or that he "was not exercising his ... judgment in the manner set forth in the examples in Cranman." Ex parte Hudson, ___ So. 2d at ___.
Howard first contends that Cranman affords Officer Bryars no immunity, because, she insists, guarding inmates in a municipal jail is not expressly included in the categories
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