Opinion

Williams v. City of Midfield

  • 161 So. 3d 1158
  • 2014 Ala. LEXIS 86
  • 2014 WL 2619862
Court
Supreme Court of Alabama
Filed
Jun 13, 2014
Status
Published
Author
Murdock
On the bench
Bolin, Bryan, Main, Moore, Murdock, Parker, Shaw, Stuart, Wise
Cited by
10 cases
Authority
More cited than 17.3%

reaffirming the principle that it is necessary for the municipality to identify whether the hiring, training, or supervising person is a police officer in deciding whether a municipality is immune

How later courts described this case

  • reaffirming the principle that it is necessary for the municipality to identify whether the hiring, training, or supervising person is a police officer in deciding whether a municipality is immune
  • “As noted previously, a plaintiff can show that a State agent acted beyond his or her authority by proffering evidence that the State agent failed to discharge duties pursuant to detailed rules or regulations, such as those stated on a checklist.”

Written by the judges who cited it.

The opinion

MURDOCK, Justice

(concurring specially).

I concur. Aside from the reasoning expressed in the main opinion, my vote is consistent with the more general concern I have expressed regarding this Court’s jurisprudence as to the “beyond-authority” exception to State-agent immunity, including our cases involving alleged failures to comply with a checklist. See, e.g., Ex parte Coleman, 145 So.3d 751, 761 (Ala.2013) (Murdock, J., concurring in the result); Ex parte Monroe Cnty. Bd. of Educ., 48 So.3d 621, 630 (Ala.2010) (Murdock, J., concurring in part and dissenting in part and quoting Ex parte Watson, 37 So.3d 752, 765-66 (Ala.2009) (Murdock, J., concurring in part and dissenting in part)).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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