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LOWERY v. THOMAS

89-1550, 89-1551.

575 So.2d 1030 (1990)

Cecil W. LOWERY v. Jammy D. THOMAS, individually and in his official capacity as an Alabama state trooper, an employee of the Alabama Department of Public Safety. Gene SCHOFIELD v. Jammy D. THOMAS, individually and in his official capacity as an Alabama state trooper, an employee of the Alabama Department of Public Safety.

Supreme Court of Alabama.

Rehearing Denied February 22, 1991.

Attorney(s) appearing for the Case

Justice D. Smyth III of Robison & Belser, Montgomery, for appellants.

T. Dudley Perry, Jr. of Perry & Perry, Montgomery, for appellee.

HOUSTON, Justice.

Cecil W. Lowery and Gene Schofield filed a 42 U.S.C. § 1983 action against Jammy D. Thomas, alleging that when Thomas arrested and detained them under Ala.Code 1975, § 13A-9-10, for the offense of criminal simulation, Thomas violated their rights under the 4th and 14th Amendments to the United States Constitution. In their complaints, Lowery and Schofield both also alleged a state law cause of action based on a claim of unlawful arrest...

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