IMMUNITY - ALABAMA

Fernando v. City of Chickasaw

Supreme Court of Alabama - March 17, 2023 - So.3d - 2023 WL 2543794

Administrator of estate of arrestee who died in city jail after being arrested on suspicion of driving under the influence (DUI) brought action in which he asserted wrongful-death claims under state law and various claims under federal law against city, city’s public-safety director, first jailer, and numerous fictitiously named defendants.

Following removal, the United States District Court for the Southern District of Alabama entered summary judgment for defendants on the federal claims and dismissed the wrongful-death claim. Estate administrator then commenced a second action in which he asserted wrongful-death claims and named a police officer and a second jailer as additional defendants, whom he later sought to substitute for the fictitiously named defendants.

After granting administrator’s motion to reinstate the first action and consolidate the two actions, the Circuit Court entered a summary judgment in both actions in favor of all defendants. Estate administrator filed a notice of appeal in each action, and the appeals were consolidated.

The Supreme Court held that:



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