ACTION 8 UPDATE: Judge dismisses lawsuit Autauga County sheriff filed against county commission

FILE – Autauga County Sheriff Mark Harrell evacuates the county jail due to what he called “health and safety concerns,” June 6, 2024 – Photo from WAKA Action 8 News

ACTION 8 UPDATE: A lawsuit that Autauga County Sheriff Mark Harrell had filed against the Autauga County Commission over conditions at the jail and other issues has been dismissed.

The lawsuit was dismissed after Circuit Judge Donald McMillan determined that the sheriff failed to show damages and failed to state a claim upon which relief could be granted.

Sheriff Harrell had filed the suit on the grounds that black mold needed to be removed immediately from the county jail, that there was inadequate funding to provide courtroom security and overall funding needed to be similar to other sheriff’s offices in the state.

The county commission says Harrell also sought an 82% pay raise for himself. “At no time have I requested an 82% increase in pay as the county commission has reported,” Harrell said in a statement.

The county commission says more than half of the county’s budget already goes to fund the sheriff’s office.

Autauga County Commission Chairman Jay Thompson said in a statement, “I’m just glad this case is over. No one in Autauga County has benefited from this ordeal, and I look forward to putting it behind us. Sadly, this debacle has cost taxpayers millions of dollars that could have been used in ways to actually benefit our community.”

Autauga County Sheriff Mark Harrell – Photo from Autauga County Sheriff’s Office

Gov. Kay Ivey appointed Harrell as sheriff in January 2023. Harrell had retired as lieutenant with the Prattville Police  Department, where he had been for 23 years.

As Action 8 News has reported, in June of 2024, Harrell evacuated the jail due to conditions in the facility.

“It will be up to the county commission to properly and adequately fix the issues to prevent health and safety issues before I, as the sheriff of Autauga County, will place another individual in the jail. We have worked out the logistics with several agencies to house inmates,” Sheriff Harrell said at the time.

The county commission said the evacuation was unnecessary.

“Based on the reports of the experts, the decision made by the sheriff to evacuate the inmates, without informing even one commissioner or the county administrator, so there could be a discussion or even assistance in planning, has now been determined to have been unnecessary. Unfortunately, this decision has in turn caused an undue financial burden on the taxpayers of Autauga County,” the county commission said at the time.

In its current statement, the county commission said in part:

“Unfortunately, Sheriff Harrell chose not to work with the Commission on a plan that had been in place and moving forward since before he was appointed to his office. Simply put, the Judge’s ruling is that the Sheriff failed to present any argument that would result in him getting something from the Court. In his lawsuit, the facts and the law did not support his position.”

Sheriff Harrell is seeking election as sheriff this year. In response to the court ruling, he said it part:

“The court’s recent dismissal addressed only the issue of jail occupancy. The remaining claims, adequate courtroom security funding and proper funding of the sheriff’s office remain unresolved. Accordingly, I have directed my legal counsel to file a motion seeking to amend the dismissal so these critical public safety matters can be properly addressed.”

READ: AUTAUGA COUNTY COMMISSION STATEMENT ON LAWSUIT

READ: SHERIFF MARK HARRELL STATEMENT ON LAWSUIT