Court of Appeals for the Eleventh Circuit September 26, 2001, 99-12813 (Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County Commission)

TJOFLAT, Circuit Judge,

concurring in part and dissenting in part, in which BARKETT, MARCUS and WILSON, Circuit Judges, join.

I concur in the court’s judgment reversing the district court’s determination that the Sheriff is immune from suit for the injuries Marsh and Owens received as a result of the brutal assaults they suffered at the Butler County Jail.