# Carter v. City of Birmingham

> Supreme Court of Alabama · December 16, 1983 · 444 So. 2d 373

URL: https://www.frixlaw.com/law-library/cases/9935892

## Case

- **Full name:** John Carter, Administrator, Etc. v. City of Birmingham
- **Court:** Supreme Court of Alabama
- **Decided:** December 16, 1983
- **Citations:** 444 So. 2d 373
- **Precedential status:** Published
- **Opinion:** Dissent by Jones
- **Judges:** Beatty, Jones
- **Cited by:** 21 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/9935892

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9935892. Public record. Not legal advice.