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CITY OF BIRMINGHAM v. THOMPSON

79-787.

404 So.2d 589 (1981)

The CITY OF BIRMINGHAM, A Municipal Corporation v. Russell Lee THOMPSON.

Supreme Court of Alabama.

Rehearing Denied September 25, 1981.

Attorney(s) appearing for the Case

Milford G. Bass, Jr., James K. Baker, and Herbert Jenkins, Jr., Birmingham, for appellant.

D. Leon Ashford and John W. Haley, Birmingham, for appellee.

BEATTY, Justice.

The question is whether, under the following facts, the City of Birmingham (Birmingham) is liable for a tort allegedly committed by one of its employees. We hold that Code 1975, § 11-47-190,* the statute governing municipal tort liability, permits plaintiff Thompson's cause of action, and we affirm the judgment in his favor.

Plaintiff was incarcerated in the Birmingham City Jail on the charge of destroying...

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