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First hearing in lawsuit between sheriff and county postponed until this week

The defendants in Sheriff Roy Fikes’ lawsuit filed their answer and a motion that pushed last week’s setting to this Wednesday, Oct. 1, at 11 a.m. Judge Marvin W. Wiggins reset the hearing by agreement of the parties; no ruling on Fikes’s request for an injunction had been entered as of press time.

In their answer, Commission Chairman Albert Turner Jr. and Perry County Commission deny Fikes’s core allegations and contend Alabama law vests day-today control of the courthouse in the county commission, not the sheriff. They argue the sheriff’s statutory duty is to “attend upon” the courts and obey court directives, noting the statute Fikes cites “does not even mention the words ‘courthouse’ or ‘security.’”

The filing asserts the commission “has control over the Perry County Courthouse by law,” pointing to §11-3-1, which gives county commissions authority to “direct, control, and maintain the property of the county” and to assign courthouse rooms. The defendants also plead immunities and other affirmative defenses. T

The answer further states that while the sheriff is over deputies and jailers, “the county commission is over all other personnel,” and it rejects Fikes’s claim to “plenary powers” to hire and fire courthouse security staff.

Separately, the defense sought—and received—a continuance so both sides could submit legal briefs on the injunction issues before arguing them in court.

Turner also posted about the case on social media in recent days, echoing the county’s position that commission policy governs nondeputy courthouse employees and access.

The Oct. 1 hearing happened after the Times-Standard- Herald’s weekly deadline. We will publish updates next week when the results of the hearing are available.