As Roy Adams Jr. awaits a jury’s verdict on charges of homicide by vehicle, his case has become a flashpoint for understanding Alabama’s controversial new “Back the Blue” law that took effect Wednesday.
The former Mobile police officer, accused of running a red light and killing Air Force veteran Sumner “Kahuna” Howard, represents exactly the type of case that would be handled differently under the state’s expanded protections for law enforcement.
A Case Study in New Protections
Adams faces homicide by vehicle charges stemming from an on-duty crash at Old Shell Road and Mobile Infirmary Boulevard.
Under the newly enacted Back the Blue law, signed by Governor Kay Ivey in May, Adams would have been entitled to a special hearing similar to Alabama’s “stand your ground” proceedings, where a judge could have dismissed the charges before trial.
“(We would) certainly jump at it, ’cause he’s certainly a good officer and a good person,” defense attorney Jeff Deen told FOX10 News. “But … we’re maintaining it was an unfortunate accident or wreck.”
The law creates several new protections for officers performing “legitimate job-related functions”:
- Early dismissal hearings before criminal trials
- Enhanced civil lawsuit immunity
- Right to appeal and pause proceedings if initial dismissal is denied
- Broad interpretation of authorized conduct
These provisions extend beyond existing qualified immunity protections, potentially streamlining the process of defending officers against both criminal charges and civil lawsuits.
Practical Impact Questioned
Despite the expanded protections, some legal experts question how much practical difference the new law will make. Deen, who also serves as a Police Benevolent Association lawyer, noted that judges rarely grant “stand your ground” motions, preferring to let juries decide such matters.
“You’d hope if it was a bogus charge, the grand jury would throw it out (in) the first place, which happens a lot,” Deen said. “Very seldom do police officers get indicted.”
The real impact may be more significant in civil cases. Deen explained the law’s approach to civil liability:
“Now they’re kind of saying, ‘Well, a policeman’s doing something in his line of duty, somebody gets hurt or injured, and there’s no intent on the officer to hurt anybody, if somebody does get hurt, you can’t just come in and sue ’em.”
Addressing Legal Delays
Law enforcement advocates argue the new protections address a critical problem: lengthy legal proceedings that leave officers in limbo. Huey “Hoss” Mack, executive director of the Alabama Sheriffs Association, pointed to the exhausting timeline of existing immunity determinations.
“That decision of immunity does not even come until the pretrial motions or the actual trial, itself,” Mack told FOX10 News. “So these cases can linger on for years. We had a case recently in the federal court system that involved this that went on for over eight years.”
The case Mack referenced involved several key elements:
- Then-Cpl. Matthew Hunady of Baldwin County Sheriff’s Office
- A 2017 shooting on Interstate 10
- Eight years of litigation
- Ultimate jury verdict in favor of Hunady in September
This extended timeline illustrates why law enforcement officials sought faster resolution mechanisms through the new law.
Constitutional Concerns Raised
Critics worry the law’s broad language could undermine police accountability.
The statute requires judges to “temporarily put aside” concerns about potentially improper or unconstitutional conduct and instead consider whether actions fall within the “outer perimeter of a law enforcement officer’s governmental discretion.”
“That loophole is big enough to drive a bus through,” the Washington-based Constitutional Accountability Center wrote on its website. “What the heck is ‘plausible power’ and ‘outer perimeter’ of authorized conduct?”
These vague terms concern civil rights advocates who fear they could shield genuinely problematic behavior from scrutiny.
The law’s requirement that judges initially ignore potential constitutional violations particularly troubles critics who see it as putting officer protection above citizen rights.
Law Enforcement Leaders Defend Changes
Alabama law enforcement officials strongly reject criticisms of the new law. Mobile County Sheriff Paul Burch dismissed concerns as politically motivated.
“That’s talking points for people who are not particularly fond of law enforcement. … If you have a rogue officer, rogue deputy, they’ll be held accountable,” Burch told FOX10 News.
Burch emphasized the psychological benefits for his deputies: “It’s huge giving officers some peace of mind that, you know, they have some coverage in performing their duties.”
Mack echoed this defense, arguing the law doesn’t eliminate accountability: “This does not remove anybody from filing a lawsuit or having a thorough investigation.
Those things are still going to be done. In fact, they have to be done in order for a judge in the pretrial situation to make that determination.”
Beyond Back the Blue: Other New Laws
Wednesday also marked the implementation of several other significant Alabama laws that took effect alongside Back the Blue:
These new statutes address various aspects of Alabama life:
- First responders rendering aid to police dogs receive lawsuit immunity
- A 10-cent per milliliter tax on vaping products
- Nursing mothers’ exemption from jury duty
- The “What is a Woman” law defining sex as fixed at birth
- Raising the age of consent for medical services from 14 to 16
- Stiffer penalties for shooting into occupied buildings or vehicles
- “LuLu’s Law” creating an alert system for shark attacks
Each law reflects different legislative priorities, from public safety to social issues, demonstrating the breadth of changes taking effect simultaneously.
The Road Ahead
As Roy Adams Jr.’s case proceeds to jury trial under the old system, future officers facing similar charges will benefit from Back the Blue’s protections.
Whether these changes strike the right balance between supporting law enforcement and maintaining accountability remains a contentious question that will likely be answered through future court challenges and real-world applications of the law.
Let Justice Roll
Whether you’re involved in an incident with law enforcement or seeking justice after a collision with an on-duty officer, navigating the evolving legal landscape requires experienced guidance.
The implementation of Back the Blue adds new complexities to both criminal and civil proceedings involving law enforcement.
Our experienced personal injury attorneys here at Baxley Maniscalco understand the intricacies of cases involving government vehicles and on-duty personnel.
We help clients pursue compensation for car accidents, evaluate the impact of new immunity laws on civil claims, and ensure that victims’ rights are protected even as legal protections for law enforcement expand.
If you’ve been injured in an accident involving a law enforcement vehicle or need guidance on how Alabama’s changing laws affect your case, contact Baxley Maniscalco at (256) 770-7232 for a confidential consultation about your legal options.
