IMMUNITY - ALABAMA

Ex parte City of Selma

Supreme Court of Alabama - September 1, 2017 - So.3d - 2017 WL 3821748

Owner of repossessed motor vehicle brought action against city after city police officer’s allegedly told employees of repossession company to take the vehicle after owner had called police to object to repossession.

The Circuit Court denied city’s motion for summary judgment. City filed petition for writ of mandamus.

The Supreme Court held that officers were entitled to State-agent immunity.

City police officers were performing discretionary functions within the line and scope of their law enforcement duties, and therefore officers were entitled to State-agent immunity in tort action by owner of repossessed vehicle stemming from incident in which officers allegedly told employees of repossession company to take the vehicle after owner had called police to object to repossession. There was no evidence that officers failed to discharge duties pursuant to detailed rules or regulations, such as those stated on a checklist, or acted willfully, maliciously, fraudulently, in bad faith, beyond their authority, or under a mistaken interpretation of the law.



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