noting that " § 11-47-190 creates an exception to the general rule of immunity for municipalities ('[n]o city or town shall be liable ... unless') when a plaintiff has suffered injury as a result of 'the neglect, carelessness or unskillfulness' of some agent, or when the plaintiff suffers injury as a result of the 'neglect or carelessness or failure to remedy some defect' in public works caused by a third party"
How later courts described this case
- noting that " § 11-47-190 creates an exception to the general rule of immunity for municipalities ('[n]o city or town shall be liable ... unless') when a plaintiff has suffered injury as a result of 'the neglect, carelessness or unskillfulness' of some agent, or when the plaintiff suffers injury as a result of the 'neglect or carelessness or failure to remedy some defect' in public works caused by a third party"
- noting the "general rule of immunity for municipalities" under § 11-47-190 and the exceptions to that rule
- "[T]he question of the defendants' motivation is not pertinent to the issue whether the defendants are entitled to legislative immunity."
Written by the judges who cited it.
The opinion
MOORE, Chief Justice
(concurring in part and dissenting in part).
Because I would deny the petition for a writ of mandamus on the issues raised by both the City of Bessemer and its city councillors, I concur in denying the peti *554 tion on the 42 U.S.C. § 1983 claim against the councillors alleging racial discrimination, but I dissent to granting the petition on count two of the second amended complaint because I believe, as the trial court stated, that there could exist a set of facts under which Louise Alexander and White, Arnold & Dowd, P.C., would be entitled to relief.