# City of Tarrant v. Jefferson

> Supreme Court of Alabama · July 12, 1996 · 682 So. 2d 29

URL: https://www.frixlaw.com/law-library/cases/9934657

## Case

- **Full name:** City of Tarrant, Alabama v. Melvin Jefferson
- **Court:** Supreme Court of Alabama
- **Decided:** July 12, 1996
- **Citations:** 682 So. 2d 29; 1996 WL 390677
- **Precedential status:** Published
- **Opinion:** Dissent by Houston
- **Judges:** Cook, Houston, Maddox
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9934657

## How later opinions describe it (automated extraction)

- finding that compensatory damages are not available under 42 U.S.C. § 1983, when such a claim is based on Alabama’s wrongful-death statute

## Opinion text

I am faced with a dilemma. Should I adhere to the doctrine of stare decisis, knowing that the precedent upon which I rely ( Tatum v. Schering Corp. , 523 So.2d 1042 , 1049-63 (Ala. 1988)) was wrongly decided? To follow it would be to deny the plaintiff Melvin Jefferson a remedy. Or should I follow the law as I believe it to be, although what I believe the law to be is contrary to the opinion of the majority? To follow what I believe the law to be would afford Melvin Jefferson, as personal representative of the estate of Alberta K. Jefferson, deceased, a remedy through his action under 42 U.S.C. § 1983 . If a constitutional doctrine was involved, I would follow Justice Scalia's dissent in BMW of North America, Inc. v. Gore , ___ U.S. ___, 116 S.Ct. 1589 , 134 L.Ed.2d 809 (1996), as I did in Ex parte Knotts , [Ms. 1950239, July 12, 1996], ___ So.2d ___ (Ala. 1996) (Houston, J., concurring in the result). In this case, no constitutional issue is involved; however, I am convinced that this Court has erroneously interpreted Ala. Code 1975, § 6-5-410 (to hold that only punitive damages can be recovered in wrongful death cases), and I cannot expand this erroneous interpretation of § 6-6-410 to § 1983 actions and deprive Melvin Jefferson (or other plaintiffs similarly situated) of a right to a remedy, which after much research and analysis, I wholeheartedly believe that he and those similarly situated have. Tatum v. Schering Corp. , supra (Houston, J., dissenting). Therefore, I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9934657. Public record. Not legal advice.