FAULKNER, Justice.
This appeal involves an action for an unlawful arrest. Sahid Bahakel sued the City of Birmingham, Franklin Tate, and Marva Gibbs. Bahakel's original complaint, alleging malicious prosecution, was dismissed as to the city and Tate by the Jefferson Circuit Court. On February 18, 1983, this Court affirmed the dismissal as to the city and reversed and remanded as to dismissal of Tate. Bahakel v. City of Birmingham,
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