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FRANKLIN v. CITY OF HUNTSVILLE

1921463.

670 So.2d 848 (1995)

Robert W. FRANKLIN v. The CITY OF HUNTSVILLE, a municipal corporation, and Joe Citrano, an individual.

Supreme Court of Alabama.

As Modified on Overruling of Application for Rehearing November 22, 1995.

Opinions Dissenting from Denial of Rehearing November 22, 1995.

Attorney(s) appearing for the Case

J. Zach Higgs, Jr. of Higgs, Emerson, & Dezenberg, Huntsville, for appellant.

Mary Ena J. Heath, Asst. City Atty., Huntsville, for appellees.

COOK, Justice.

Robert W. Franklin sued the City of Huntsville and Joe Citrano, a Huntsville police officer, alleging false arrest and/or false imprisonment (count I), malicious prosecution (count II), and assault and battery (count III). The court granted the city's motion to dismiss pursuant to Rule 12(b)(6), Ala.R.Civ.P., as to counts I and II, and it entered a summary judgment for the city as to count III. The court entered a summary judgment for Joe Citrano as...

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