Opinion

Carter v. City of Birmingham

  • 444 So. 2d 373
Court
Supreme Court of Alabama
Filed
Dec 16, 1983
Status
Published
Author
Jones
On the bench
Beatty, Jones
Cited by
21 cases

noting that “under Alabama law only a wrongful death action may be maintained, and only punitive damages are recoverable”

How later courts described this case

  • noting that “under Alabama law only a wrongful death action may be maintained, and only punitive damages are recoverable”
  • “unlike the Georgia statutes, which permit both the wrongful death and the survival actions to be maintained simultaneously, under Alabama law only a wrongful death action may be maintained, and only punitive damages are recoverable.”

Written by the judges who cited it.

The opinion

I agree with the Court's holding and its rationale as to the individual, Officer Sands; I respectfully dissent as to its holding with respect to the City of Birmingham.

I recognize, of course, as pointed out by the majority, that, "in light of City of Newport," strict application of "the Alabama wrongful death statute will in effect preclude plaintiff's `recovery' from the City of Birmingham" under § 1983. But I do not agree that the States are exempt from § 1983's mandate on the ground that state law "recognizes an analogous cause of action."

Under this rationale, we could reject all § 1983 actions. Just as our wrongful death act affords a state remedy where death results from conduct proscribed by § 1983, our statutory law and common law affords certain remedies for personal injury resulting from the same culpable conduct. But this does not serve as a basis for rejection of § 1983 actions. In my opinion, the Supremacy Clause of the United States Constitution precludes our rejection of the § 1983 claim against the City. We should either fashion a remedy allowing recovery of compensatory damages, or we should resort to the federal common law of survival, *Page 381

which allows compensatory damages as the appropriate relief. In any event, I would reverse the trial court's summary judgment as to both the individual defendant and the City of Birmingham.

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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