ALABAMA: The law is interesting to me. In the recent Federal Court ruling in the case where Escambia County District Attorney and Escambia County Sheriff arrested journalist, the Federal Court made an interesting finding.
“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).”
This is very intresting to me. You have heard District Attorney’s and Attorney General’s say they are the “CHIEF LAW ENFORCEMENT OFFICER” of the county or state. I have long disagreed. There are cases where the courts have ruled the Sheriff is the Chief Law Enforcement Officer and the District Attorney is the Chief Prosecutor.
Alabama Attorney General Steve Marshall combined with ALEA and went to Birmingham and raided bingo places. According to the federal court ruling in this Escambia County case, well you can read the ruling of the court. The question is now, can prosecutors and attorney generals conduct investigations and share the results of the investigation?
Honestly, I do not know the answer. Some District Attorney Offices around Alabama have investigators. And some are needed in obtaining investigative information from law enforcement, locating witnesses and preparing the case for trial. There is a huge difference in “investigating the crime” and “preparing the case for trial”. No disrespect to law enforcement officers, but there is a huge difference in investigating the crime and organizing the case for trial.
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.
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.
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.
DOTHAN: 06:45 AM Dothan 911 dispatched Dothan Fire Engine Company 1 ( Central ), NON EMERGENCY, to North Alice and Whiddon Street. A school bus accident with two juveniles on the bus.
The accident is dispatched as NO INJURIES. Dothan Fire Engine Company 1 was dispatched, again NON EMErGENCY, as a patient check only.
HOUSTON COUNTY: On Thursday evening Houston County Sheriff Donald Valenza, Chief Deputy Jeff Carlisle, Major Bill Rafferty, and the Captains of the Sheriff Department recognized the men and women of the Sheriff Department and some community partners.
The event was held in the beautiful event venue, THE FORUM. Dothan Commissioner and Mrs. Dave Stock, along with several sponsors, funded the event. The event recognized the sworn law enforcement officers, the corrrections officers, civilian members of the department, along with life saving awards within the department and outside the department. A delicious meal was served by Kelli Woodham ( do not know the name of the business ). A very organzied serving that got people through the line quickly.
RSN will print of list of each person recogonized and the award presented. The picture video represented most everyone who was presented awards.
Some awards included, Lt. Bobby Hopkins – he was off duty at Wiregrass Commons Mall when gunshots rang out. Lt. Hopkins ran towards the gunfire in the Mall when there was a shoot out. Several deputies, a civilian nurse, and Rehobeth Fire Chief were recognized and presented awards on their quick water entry and rescue of a man who his vehicle flipped into a creek on Highway 231 South. The combined forces entered the water, quickly removing the accident victim and initiating life saving measures. This is just an example of some of the many people recognized last evening.
Houston County Sheriff Donald Valenza hopes to turn the event into an annual one. Sheriff Valenza has stated the success of the agency is only because of the men and women within the agency. As Sheriff, he just leads the department, it is the members of the department which are the boots on the ground. And those boots range from the law enforcement officers, communications staff, corrections staff, clerical staff, reserve Deputies, and everyone up and down the ladder of the department. Sheriff Valenza values everyone within the department and the contributions they make to serve and protect.
HOUSTON COUNTY: I AM CALLING THE HOUSTON COUNTY COMMISSION OUT !!!! A new Houston County Jail is NOT NEEDED!!!
Let me explain, I started in 1977 in what is the OLD, OLD Houston County Jail. Was working at the Houston County Sheriff when the first new county jail was constructed under then Houston County Sheriff A.B. Clark. It sits on North Oates Street. And fimiliar with the currect Houston County Jail located at 901 East Main Street.
When I began, the cook, Mayo, was in jail for murder. He had every knife and fork in the jail. Now, I realize times have changed. But I would dare say, 60% of the current inmates in the Houston County Jail could fall into a work camp/barricks style facility. Install a fence around the building with a second fence and K-9’s in between the fences to make sure no one escapes. But I would dare say 60% of the current inmates could fall into a barrick style facility. There are a lot of inmates in what is called a day room now, sleeping on cots on the floor. If a inmate becomes a problem, there is enough current lock up space to move them from the barrick style facility into a lock up cell.
There is no need to spend $ 45 million dollars on a new jail. NO NEED AT ALL.
I mentioned it to a County Commissioner. His question was where else do they do that? My response was, in Arizona the Sheriff had inmates in tents. But have you ever thought about being a leader and a innovator rather than a follower?
Some may disagree. And the idea is not soft on crime. But I am being a realist. The majority of the people in the jail do not have to be locked in individual cells. They would still be in jail. Afraid to try the fence because of the four legged deputies patrolling the fence. And not going up in taxes in order to pay for the jail.
HERE IS TWO WAYS TO PAY FOR IT (1) Move the voting machines to the large metal building at the Farm Center, or store them in the large room at the Farm Center in the newly renovated Sanitation Collection metal building. That would save the taxpayers $ 40,000.00 to $ 45,000.00. (2) Move Dothan-Houston County Emergency Management from the current 911 Center. The day to day operation of Emergency Management does not have to be in a harden structure. When a tornado or hurricane is forcast they could go back to the 911 building. Currently Houston County is paying aorund $ 130,000.00 to house EMA in the 911 Center. Combined, that would be $ 170,000.00 plus just in those two moves.
BE A INNOVATOR.
BELOW ARE THE REVOATIONS TO SANITATION COLLECTIONS AT FARM CENTER
This last picture is room that voting machines can be stored in.
WASHINGTON COUNTY FL: This morning on I-10 in Washington County Florida. UNCONFIRMED reports, a vehicle was traveling the wrong way on I-10. That resulted in a vehicle crash with a traffic fatality. At this time o more details are known.
This last picture is room that voting machines can be stored in.