The Alabama Supreme Court affirmed the dismissal of a lawsuit by the City of Birmingham against Jefferson County Sheriff Mark Pettway regarding the county's refusal to house Birmingham inmates.
The City filed a complaint in February 2024, claiming Pettway was required by law to accept inmates.
While conditions at the Birmingham Jail were deteriorating, the City and the county agreed to a memorandum of understanding (MOU) to house city inmates in the county jail. However, there was a disagreement over how much the City would pay for inmates, and the County Commission agreed it wasn't their responsibility to make up for Birmingham Jail's shortcomings. Pettway also argued he was not required to accept arrestees without a valid warrant. The MOU has since been terminated.
A trial court favored Pettway and the county, dismissing the lawsuit for lack of subject-matter jurisdiction, finding it justiciably unripe. The City appealed that decision to the Alabama Supreme Court.
The Supreme Court's ruling was made public on Friday. Although the Court concluded that the trial court erred in dismissing the City's complaint for lack of subject-matter jurisdiction, the Court found that the case should have been dismissed because Pettway is not required by law to accept inmates without a warrant.
"We do not find any law requiring Pettway to accept the City's arrestees without a warrant issued by a magistrate," the ruling stated. "We also do not find any law stating that arrestees taken in by the City for violations of state law cannot be held in the City jail until a warrant is issued."
To connect with the author of this story or to comment, email [email protected].
Don't miss out! Subscribe to our newsletter and get our top stories every day or become a member to gain access to exclusive content and 1819 News merch.
