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REL: 06/22/2007 REL: 09/28/2007 - As modified on denial of rehearing

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2006-2007 ____________________ 1051145 ____________________ Richard Allen, as commissioner of the Alabama Department of Corrections v. Barbour County et al. ____________________ 1051146 ____________________ Richard Allen, as commissioner of the Alabama Department of Corrections v. Barbour County et al. Appeals from Montgomery Circuit Court (CV-92-388 and CV-92-399)

1051145, 1051146

STUART, Justice. Richard Allen, commissioner of the Alabama Department of Corrections ("DOC") (hereinafter referred to as "the

commissioner"), and a defendant in an long-running action maintained (hereinafter by numerous Alabama referred counties to as and sheriffs

collectively

"the

counties"),

appeals from a May 11, 2006, order of the Montgomery Circuit Court modifying that court's previous injunction entered

December

12, 2002, and holding Allen in contempt for not We affirm.

complying with the injunction. I.

This matter has been pending in the Montgomery Circuit Court since 1991; it was previously before this Court in 2004 as four consolidated appeals brought by then Commissioner Michael W. Haley. (Ala. 2004). DOC has See Haley v. Barbour County, 885 So. 2d 783

The dispute centers on the counties' claim that failed to as to accept certain prisoners into had state been

continually referred

(hereinafter correctional

"state the

inmates")

facilities

after

state

inmates

sentenced to serve time in such facilities by the appropriate trial courts, thus resulting in overcrowding in jails operated 2

1051145, 1051146 by the counties. This failure to accept state inmates, the

counties claim, violates

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