Summary
The Supreme Court of Alabama granted a petition for a writ of mandamus filed by police officers Devon McGuire and Spencer Collier, directing the Dallas Circuit Court to enter summary judgment in their favor. The court held that the officers were entitled to peace-officer and State-agent immunity under Alabama law for their actions during the arrest of Faya Rose Toure. The plaintiff failed to present substantial evidence demonstrating that the officers acted willfully, maliciously, or in bad faith, thereby failing to overcome the presumption of immunity.
Topics
Practice areas
Questions Presented
- Whether Devon McGuire and Spencer Collier are entitled to peace‑officer immunity under Ala. Code § 6‑5‑338 and State‑agent immunity.
- Whether any exception to that immunity applies under the Alabama Restatement of State‑agent immunity.
- Whether the trial court erred in denying summary judgment on the immunity defenses.
Holdings
- The petitioners are entitled to both peace‑officer immunity under § 6‑5‑338(a), Ala. Code 1975, and State‑agent immunity, and the trial court’s denial of summary judgment was erroneous.
Key quotations
“(1) a clear legal right to the order sought; (2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; (3) the lack of another adequate remedy; and (4) the properly invoked jurisdiction of the court.” (at 8)
“Accordingly, McGuire and Collier are entitled to immunity on Toure's claims of negligence, wantonness, assault and battery, false arrest, unlawful imprisonment, invasion of privacy, abuse of process, and "unreasonable seizure".” (at 4)
Factual background
In July 2019 Faya Rose Toure removed a political campaign sign from public property and was subsequently pursued by police officer Devon McGuire, who arrested her for fourth‑degree theft and attempting to elude. Toure sued McGuire, Chief of Police Spencer Collier, and the City of Selma alleging assault, false arrest, invasion of privacy, defamation, and other torts. The defendants asserted peace‑officer and State‑agent immunity.
Procedural history
The Dallas Circuit Court entered summary judgment for the City of Selma but denied summary judgment for Devon McGuire and Spencer Collier. McGuire and Collier then filed a petition for mandamus in the Supreme Court of Alabama.
Remand instructions
The Dallas Circuit Court shall enter summary judgment in favor of Devon McGuire and Spencer Collier on all of Toure’s claims.