# Borders v. City of Huntsville

> Supreme Court of Alabama · July 25, 2003 · 875 So. 2d 1168

URL: https://www.frixlaw.com/law-library/cases/9937324

## Case

- **Full name:** Ulysses Borders v. City of Huntsville
- **Court:** Supreme Court of Alabama
- **Decided:** July 25, 2003
- **Citations:** 875 So. 2d 1168; 2003 Ala. LEXIS 222; 2003 WL 21715993
- **Precedential status:** Published
- **Opinion:** Dissent by Moore
- **Judges:** Lyons, Moore, See, Stuart
- **Cited by:** 96 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/9937324

## How later opinions describe it (automated extraction)

- stating if the agent is not entitled to immunity pursuant to § 6-5-338(a), then the plain language of the statute withholds immunity from the City

## Opinion text

I concur with that portion of the majority opinion that affirms the trial court's summary judgment, the denial of the motion to recuse, and its order granting the City's motion to dismiss. However, I must dissent from the reversal of any portion of the trial court's summary judgment and its ruling on the City's motion to dismiss. First, I disagree with the majority's analysis of probable cause and its application of Micalizzi v. Ciamarra, 206 F. Supp.2d 564 (S.D.N.Y. 2002). It also seems that the majority has judged the officer's actions too strictly and without due regard for the immunity offered by § 6-5-338 , Ala. Code 1975, or for the threat that Borders's actions posed to other people on the dance floor when he was arrested for disorderly conduct and resisting arrest.
The trial judge had the best opportunity to view the evidence and to judge the credibility of the witnesses and the weight to be accorded the evidence. Therefore, I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9937324. Public record. Not legal advice.