Ala. Code
Code of Alabama

Ala. Code § 14-8-40 (2026)

Inmates Not Deemed State Agents, Etc.; Cause of Action Against County, Etc.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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No inmate granted privileges under the provisions of this article shall be deemed to be an agent, employee, or involuntary servant of the department, state, or county while involved in the free community, while under the direction, control, and supervision of the inmate’s employer, or while going to and from employment or other specified areas.

Any inmate participating in a work release program authorized by this chapter or otherwise working outside the jail or a correctional facility shall have no cause of action against the county or a community correction agency, or an employee thereof, related to such activities, unless the county or community corrections agency, or employee thereof, is willfully negligent in carrying out their responsibilities.

(Acts 1976, No. 637, p. 883, §11; Act 2002-497, p. 1287, §1.)

Notes of Decisions
Cited in 1 case, 2008–2008 · leading case: Buckley v. Barbour Cnty., Ala., 624 F. Supp. 2d 1335 (M.D. Ala. 2008).
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Buckley v. Barbour Cnty., Ala., 624 F. Supp. 2d 1335 (M.D. Ala. 2008). · cites it 3× “Indeed, § 14-8-40 expressly provides a cause of action to “[a]ny inmate participating in a work release program authorized by [that] chapter or otherwise working outside the jail or a correctional facility” if “the county .”
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