Alabama prosecutor loses key immunity claim in journalist’s arrest lawsuit

A Trump-appointed federal judge has dismissed most of the federal civil charges filed against an Alabama county prosecutor, sheriff, and four deputies for their roles in the controversial arrests of journalists and school board members in 2023.

But the judge allowed several claims tied to the seizure of cell phones to move forward, ruling that those actions may have fallen outside the prosecutor’s protected role.

U.S. District Judge Terry Moorer issued the mixed ruling Wednesday in a 52-page opinion, concluding that Escambia County District Attorney Stephen Billy is shielded by absolute immunity for most of the conduct his legal team sought to dismiss. Still, Moorer found that Billy may have crossed a legal line when he became directly involved in investigative work.

“A prosecutor is not entitled to absolute immunity when he ‘performs the investigative functions normally performed by a detective or police officer,’” Moorer wrote, noting that “Billy was participating in an investigation … and share the results of his investigation (with a sheriff’s deputy).”

Moorer declined to dismiss two key sets of claims:

First and Fourth Amendment allegations involving the seizure and search of cell phones belonging to Sherry Digmon, Ashley Fore, and Cynthia Jackson.
Claims tied to Jackson’s role in arresting Digmon for a third time in early 2024.
lly’s legal team has long argued that he should receive “absolute immunity” as an elected prosecutor, a doctrine that protects government officials from civil liability regardless of motive. Moorer agreed in large part, dismissing a wide range of claims and finding that most of Billy’s actions fell within his official duties.

But attorneys for the plaintiffs—known as the “Atmore 4”—say the case against Jackson and his deputies will continue because many allegations were never challenged in the motion to dismiss. A preliminary scheduling order is set for April 24.

The lawsuit, filed in November 2024, was brought by Digmon, former Atmore News journalist Don Fletcher, school board member Cynthia Jackson, and school employee Ashley Fore. Digmon was also a former publisher with The Atmore News. Their attorneys argue the group was targeted for exposing misconduct and participating in local government.

“Americans must be able to participate in their government without fear that they’ll be labeled as political enemies, investigated and punished for exposing corruption,” said IJ Senior Attorney Jared McClain. “Sherry, Don, Cindy and Ashley were just doing their jobs and what they knew was right. But because that got in the way of the district attorney and sheriff, they ended up in jail.”

The arrests of Digmon and Fletcher in late 2023 drew national attention, raising questions about press freedom and the extent to which prosecutors can pursue journalists for publishing confidential information. The lawsuit centers on the conduct of Billy, Jackson, and their deputies, including the seizure of phones and alleged violations of the plaintiffs’ First and Fourth Amendment rights.

Billy pursued the arrests amid public anger over the school board’s decision not to renew a former superintendent’s contract. He also charged Digmon and Fletcher with violating Alabama’s grand jury secrecy law after The Atmore News published details about an investigation into the school board’s handling of federal COVID-19 funds.

The Institute for Justice described the case as “a plot worthy of a John Grisham novel,” noting that the Atmore 4 were “all hauled to jail, in some cases strip-searched, and had their mugshots aired on the local news.” Each faced felony charges carrying potential three-year prison sentences.

All criminal charges were eventually dismissed, including a separate impeachment charge against Digmon.

“We’re glad that our case will finally move forward,” said Cindy Jackson. “The district attorney and sheriff have not been held accountable for trying to silence us. The lawsuit is important to get us all justice for wrongful arrests, but also to make an example of what happens when government officials abuse their power.”

Attorneys for Billy and Jackson could not be reached for comment. Neither official returned calls seeking comment.

Jackson, who has served as sheriff since 2018, is running unopposed this year. He was named the 2025 Sheriff of the Year by the Alabama Sheriffs Association. The honor recognized his role in rescuing four people stranded in Burnt Corn Creek during rising floodwaters in 2023.

Billy’s term runs through 2028. He had previously announced plans to retire but reversed that decision before the end of 2024, according to local reports.

https://www.al.com/news/2025/01/arresting-the-press-alabama-officials-claim-legal-shield-in-lawsuit.html

The above link is to an article with history of this case.

Atmore Retaliation MTD by Rickey Stokes