Goodwin v. City of Fultondale

I conclude that Officer Hamilton's actions are protected by qualified immunity and that the trial court correctly entered summary judgment for Officer Hamilton; therefore, I must respectfully dissent. Although I agree with Judge Holmes's statement of the applicable law, I disagree with his conclusion that an issue of fact remains as to whether Officer Hamilton " 'violated clearly established constitutional law.' " Roden , 646 So.2d at 610 . As Judge Holmes states, Bonnie Goodwin and Gordon Goodwin did not have a clear right to undisturbed possession of the automobile at the time Officer Hamilton removed the automobile from her possession.