# Borders v. City of Huntsville

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

URL: https://www.frixlaw.com/law-library/cases/9937326

## 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 Stuart
- **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/9937326

## 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 in affirming the trial court's denial of Borders's motion to recuse, the trial court's summary judgment in favor of Earle as to Borders's malicious-prosecution claim, and the summary judgment in favor of Earle and the order granting the City's motion to dismiss as to Borders's claim under 42 U.S.C. § 1983 . I dissent from the reversal of the trial court's summary judgment in favor of Earle and its order granting the City's motion to dismiss with respect to Borders's claims alleging excessive use of force, false arrest, false imprisonment, and assault and battery. I believe that, based upon the evidence before it, the trial court's rulings as to all issues are due to be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9937326. Public record. Not legal advice.