(a) It shall be the duty of the sheriff to do all of the following:
(1) Execute and return the process and orders of the courts of record of this state and of officers of competent authority with due diligence when delivered to him or her for that purpose, according to law.
(2) Attend upon the circuit courts and district courts held in his or her county when in session and the courts of probate, when required by the judge of probate, and obey the lawful orders and directions of such courts.
(3) Three days before each session of the circuit court in his or her county, render to the county treasury or custodian of county funds a statement in writing and on oath of the monies received by him or her for the county, specifying the amount received in each case and from whom the amount is received, and pay the amount to the county treasurer or custodian of county funds.
(4) With the assistance of deputies as necessary, ferret out crime, apprehend and arrest criminals and, insofar as within their power, secure evidence of crimes in their counties and present a report of the evidence so secured to the district attorney or assistant district attorney for the county.
(5) Perform such other duties as are or may be imposed by law.
(b) Any of the duties of the sheriff set out in subsection (a) or as otherwise provided by law may be carried out by deputies, reserve deputies, and individuals employed as authorized in Section 14-6-1 as determined appropriate by the sheriff in accordance with state law. Individuals undertaking such duties for and under the direction and supervision of the sheriff shall be entitled to the same immunities and legal protections granted to the sheriff under the general laws and the Constitution of Alabama of 2022, as long as such conduct is deemed conduct performed within a law enforcement officer’s discretionary authority as defined in Section 6-5-338.1.
(c) Notwithstanding Sections 14-6-1, 32-7-23, and this section, nothing in Section 14-6-1 and this section shall serve as a bar to an individual’s or entity’s recovery under the uninsured motorist coverage of the individual or entity, or prevent an insured from being legally entitled to recover damages under the uninsured motorist coverage of the insured.
(Code 1852, §690; Code 1867, §818; Code 1876, §730; Code 1886, §810; Code 1896, §3739; Code 1907, §5870; Acts 1909, No. 81, p. 107, §1; Code 1923, §10189; Code 1940, T. 54, §5; Act 2011-685, p. 2067, §§1, 2; Act 2025-423, §2.)
Notes of Decisions
McMillian v. Monroe Cnty., 520 U.S. 781 (1997).
· cites it 4× “Ala. Code §§ 36-22-3 (1), (2) (1991). Thus, judges (who are state officers, see Ala.”
McMillian v. Johnson, 88 F.3d 1573 (11th Cir. 1996).
· cites it 4× “Thus, we concluded that a sheriff does not exercise county power when he engages in law enforcement activities and, therefore, is not a final policymaker for the county in the area of law enforcement.”
Couser v. Gay, 959 F.3d 1018 (10th Cir. 2020).
“at 789 (citing Ala. Code § 36-22-3 (3) (1991)). Instead, the Department of 18 The Kansas Legislature repealed the statute under which it set the sheriff’s salary.”
Dowdell v. Chapman, 930 F. Supp. 533 (M.D. Ala. 1996).
· cites it 4× “Ala.Code § 36-22-3 (duty of sheriff to execute and return process and orders of the court).”
Tyson v. Jones, 60 So. 3d 831 (Ala. 2010).
· cites it 2× “As to sheriffs, see Ala.Code 1975, § 36-22-3. . We also take cognizance of the number of cases that recently have been appealed to this Court and that concern disputes over the necessity for law-enforcement action with respect to so-called electronic or computerized "bingo”…”
Hobbs ex rel. Hobbs v. Powell, 138 F. Supp. 3d 1328 (N.D. Ala. 2015).
· cites it 4× “Ala. Code § 36-22-3 provides in relevant part: • ■ Any of the duties of the sheriff set out in subsection (a) or as otherwise provided by law may be carried out by deputies, reserve deputies, and persons employed as authorized in Section 14-6-1 as determined appropriate by the…”
Commonwealth v. Leet, 585 A.2d 1033 (Pa. Super. Ct. 1991).
· cites it 2× “, Alabama, (Ala.Code § 36-22-3(4) (1977); Arkansas, (Ark.”
Kelley v. Burnell, 90 So. 3d 708 (Ala. 2012).
“” Section 36-22-3(b) now provides, in part: "Any of the duties of the sheriff set out in subsection (a) or as otherwise provided by law may be carried out by deputies, reserve deputies, and persons employed as authorized in Section 14-6-1 as determined appropriate by the sheriff…”
Young v. Myhrer, 243 F. Supp. 3d 1243 (N.D. Ala. 2017).
“”); Milliner, 65 F.Supp.3d at 1305 (denying immunity under Jailer Act when material factual dispute exists over whether defendant has violated plaintiffs constitutional rights).”
Johnson v. Milliner, 65 F. Supp. 3d 1295 (S.D. Ala. 2014).
· cites it 2× “Code § 14-6-1, which extends the immunity granted to a sheriff to the employees acting for and under the direction and supervision of the sheriff, and under Ala.Code § 36-22-3, which states that persons undertaking duties of the sheriff for and under the direction and…”
— Ala. Code § 36-22-3(1) — 1 case
— Ala. Code § 36-22-3(4) — 8 cases
McMillian v. Johnson, 88 F.3d 1573 (11th Cir. 1996).
“Thus, we concluded that a sheriff does not exercise county power when he engages in law enforcement activities and, therefore, is not a final policymaker for the county in the area of law enforcement.”
Commonwealth v. Leet, 585 A.2d 1033 (Pa. Super. Ct. 1991).
“, Alabama, (Ala.Code § 36-22-3(4) (1977); Arkansas, (Ark.”
Dowdell v. Chapman, 930 F. Supp. 533 (M.D. Ala. 1996).
“Ala.Code § 36-22-3 (duty of sheriff to execute and return process and orders of the court).”
— Ala. Code § 36-22-3(5) — 2 cases
— Ala. Code § 36-22-3(b) — 3 cases
Kelley v. Burnell, 90 So. 3d 708 (Ala. 2012).
“” Section 36-22-3(b) now provides, in part: "Any of the duties of the sheriff set out in subsection (a) or as otherwise provided by law may be carried out by deputies, reserve deputies, and persons employed as authorized in Section 14-6-1 as determined appropriate by the sheriff…”
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