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LeFrere v. Quezada

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[PUBLISH]

Before CARNES and PRYOR, Circuit Judges, and DOWD,*fn1 District Judge.

Because state supreme courts are the final arbiters of state law, “when we write to a state law issue, we write in faint and disappearing ink,” and “once the state supreme court speaks the effect of anything we have written vanishes like the proverbial bat in daylight, only faster.” Sultenfuss v. Snow, 35 F.3d 1494, 1504 (11th Cir. 1994) (Carnes, J., dissenting). A dozen years ago we held that under Alabama law jailers are entitled to absolute immunity against state law claims. Lancaster v. Monroe County, 116 F.3d 1419, 1431 (11th Cir. 1997). This appeal presents the question of whether the effect of what we wrote in Lancaster has vanished in light of later decisions by the Alabama Supreme Court. Because the answer to that question is unclear, we will certify the important issue of Alabama constitutional law to the only Court that can authoritatively resolve it. See Blue Cross & Blue Shield of Ala., Inc. v. Nielsen, 116 F.3d 1406, 1413 (11th Cir. 1997) (“[T]he only authoritative voice on Alabama law is the Alabama Supreme Court….”).

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