# Ex Parte City of Tuskegee

> Supreme Court of Alabama · December 30, 2005 · 932 So. 2d 895

URL: https://www.frixlaw.com/law-library/cases/9936945

## Case

- **Full name:** Ex Parte City of Tuskegee, John Moon, Theodore Moon, Willie Dean Ware, and Adrienne Baker. (In Re Patricia Arnold v. City of Tuskegee, John Moon, Theodore Moon, Willie Dean Ware, and Adrienne Baker).
- **Court:** Supreme Court of Alabama
- **Decided:** December 30, 2005
- **Citations:** 932 So. 2d 895; 2005 WL 3557403
- **Precedential status:** Published
- **Opinion:** Dissent by Woodall
- **Judges:** Smith, Woodall
- **Cited by:** 62 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/9936945

## How later opinions describe it (automated extraction)

- holding that officers were "entitled to immunity because they were engaged in an 'arrest or attempted arrest,' which is a discretionary function requiring the exercise of judgment"
- holding that a plaintiff who alleged that officers fabricated evidence against him could prove that the officers acted maliciously
- noting that § 11-47-190 "provides that a municipality is immune from tort liability," unless one of the exceptions therein applies

## Opinion text

The trial court properly concluded that discovery was necessary before the pending summary-judgment motion could be adequately addressed. I am aware of no authority requiring the trial court to consider such a motion on a piecemeal basis. Therefore, to the extent this Court grants the petition, I respectfully dissent. Otherwise, I concur in the result.
NABERS, C.J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9936945. Public record. Not legal advice.