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.
This case arises from an inmate's suicide. Appellee, Sherrie Johnson, alleges that her son, Alquwon Johnson, an inmate at Barbour County Jail, suffered from a documented history of mental illness, and had been prescribed psychoactive medication to treat depression. She alleges that Appellants, Ryan Conner, Sonya Mayo, and George Parham, who were corrections personnel at the jail, were responsible for administering Mr. Johnson's medication daily, and failed to do so. She also alleges that Mr. Johnson previously attempted to commit suicide with a bed sheet while incarcerated, and Appellants failed to take appropriate precautions with Mr. Johnson following that suicide attempt. Mr. Johnson committed suicide by hanging himself with a bed sheet on June 4, 2011. Ms. Johnson, as her son's personal representative, brought suit on August 8, 2011 under 42 U.S.C. § 1983 and state law. Appellants filed a motion to dismiss, claiming, inter alia, state law immunity under the recently amended Alabama Code § 14-6-1, which came into effect on June 14, 2011 — ten days after Mr. Johnson's suicide, but before Ms. Johnson filed suit.
The district court denied Appellants' Motion to Dismiss, finding amended § 14-6-1 inapplicable. The case reaches us on interlocutory appeal. For the reasons set forth below, we AFFIRM.
The State of Alabama is immune from suit, and that sovereign immunity extends to Alabama sheriffs and their deputies "when [they are] executing their law enforcement duties." McMillian v. Monroe Cnty., Ala., 520 U.S. 781, 793, 117 S.Ct. 1734,
Ala.Code § 14-6-1. Appellants argue that they are immune from suit under amended § 14-6-1 because they claim they were "acting within the line and scope of their duties and ... in compliance with the law." § 14-6-1. Because the amended § 14-6-1 became effective after the acts of which Ms. Johnson complains, Appellants can only claim immunity if the amendment applies retroactively, or if we determine that we must apply the statute in effect when suit was filed rather than when the injury occurred. We hold that amended § 14-6-1 does not apply retroactively, and that we must apply the statute in effect when the injury occurred. Therefore, we need not and do not address whether Appellants were "acting within the line and scope of their duties and ... in compliance with the law." Each issue is addressed in turn.
Under Alabama law, "Retrospective application of an act is disfavored unless 1) the act expressly states that it is to be applied retrospectively; 2) the Legislature clearly intended the act to have retrospective application; or 3) the act is of a remedial [as opposed to substantive] nature." Ex parte East Ala. Health Care Auth., 814 So.2d 260, 262 (Ala.2001); Baker v. Baxley, 348 So.2d 468, 471 (Ala. 1977).
The fact that amended § 14-6-1 may be considered a jurisdiction-stripping statute does not displace the presumption against retroactivity. There does not appear to be an Alabama decision, one way or the other, concerning whether jurisdiction-stripping statutes should be treated differently than other statutes. However, United States Supreme Court decisions are quite informative on this point, clearly indicating that statutes that affect substantive, vested rights — even when framed in jurisdictional terms — are still presumed to apply only prospectively. In Landgraf v. USI Film Products, the Court said, "a new jurisdictional rule usually `takes away no vested right, but simply changes the tribunal that is to hear the case.' Present law normally governs in such situations because jurisdictional statutes `speak to the power of the court rather than to the rights or obligations of the parties.'" 511 U.S. 244, 274, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994). The Court later expanded on this rule, explaining,
Hughes Aircraft Co. v. U.S. ex rel Schumer, 520 U.S. 939, 951, 117 S.Ct. 1871, 138 L.Ed.2d 135 (1997) (emphasis in original). The Court went on to note that a statute that "does not merely allocate jurisdiction among forums," but "creates jurisdiction where none previously existed ... speaks not just to the power of a particular court but to the substantive rights of the parties as well. Such a statute, even though phrased in `jurisdictional' terms, is as much subject to our presumption against retroactivity as any other." Id. (emphasis in original). Here, we consider a statute that does not allocate jurisdiction among forums — it removes the right to bring suit against jailers in any forum. Thus, amended § 14-6-1 speaks to the substantive rights of the parties, and, if we applied the federal framework laid out in Landgraf and Hughes Aircraft, it would be presumed to apply only prospectively. This is consistent with Alabama law, under which the presumption against retroactivity applies to substantive statutes — "those that create, enlarge, diminish, or destroy vested rights" ... [and] define[] and regulate[] the rights, duties, and powers of the parties. Ala. Ins. Guar. Ass'n v. Mercy Med. Ass'n, 120 So.3d 1063, 1068 (Ala.2013); Ex parte Bonner, 676 So.2d 925, 926 (Ala. 1995).
Nor does the legislature's use of the word "shall" in amended § 14-6-1 impact
That the Legislature amended § 14-6-1 in response to Shelley likewise does not evidence any intent for the amendment to apply retroactively. Certainly, the amendment evidences the Legislature's displeasure with Shelley. But retroactive application of the amendment would take away Appellee's substantive, vested right to sue in violation of Alabama's Constitution. Alabama's Constitution provides "that every person, for an injury done to him ... shall have a remedy by due process of law." Ala. Const. § 13.
Pickett v. Matthews, 238 Ala. 542, 192 So. 261, 263-264 (1939) (citing 16 Corpus Juris Secundum, Constitutional Law, p. 1499, § 710). In other words, a litigant has "a vested interest in a particular cause of action" once the injury occurs. Reed v. Brunson, 527 So.2d 102, 114 (Ala. 1988). Section 13 of Alabama's Constitution protects litigants from legislative change made after the breach of duty occurs. Id.; Baugher v. Beaver Constr. Co., 791 So.2d 932, 934 (Ala.2000); Kruszewski v. Liberty Mut. Ins. Co., 653 So.2d 935, 937 (Ala. 1995). We will not read amended § 14-6-1 to deprive Appellee of her vested, substantive right absent a showing of clear, obvious legislative intent. See Baker, 348 So.2d at 471. Nothing Appellants have presented comes close.
Alternatively, Appellants argue that "the operative date should be the date of
For the foregoing reasons, we affirm the district court's denial of Appellants' motion to dismiss with instructions that the district court proceed in a manner consistent with this opinion.
While we agree with the outcomes in those two cases, we also believe the district court in this case and the Kruse v. Byrne court ascribe too much to the dicta in Burnell's footnote. While the Alabama Supreme Court could have meant that amended § 14-6-1 only applies prospectively, it seems equally likely that the court meant it did not apply because the actor in Burnell was a deputy sheriff — not merely a jailer. Therefore, we do not rest our retroactivity determination today on the dicta in Burnell, but rather on the substantive, vested nature of the right at issue in this case and the absence of any indication that the Legislature intended amended § 14-6-1 to apply retroactively.