# Goodwin v. City of Fultondale

> Court of Civil Appeals of Alabama · October 17, 1997 · 706 So. 2d 766

URL: https://www.frixlaw.com/law-library/cases/9935776

## Case

- **Full name:** Bonnie Goodwin v. City of Fultondale and Daryl Hamilton.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** October 17, 1997
- **Citations:** 706 So. 2d 766; 1997 WL 641231
- **Precedential status:** Published
- **Opinion:** Dissent by Crawley
- **Judges:** Richard L. Holmes
- **Cited by:** 13 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/9935776

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9935776. Public record. Not legal advice.