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TELFARE v. CITY OF HUNTSVILLE

1000357.

841 So.2d 1222 (2002)

Terrell TELFARE v. CITY OF HUNTSVILLE.

Supreme Court of Alabama.

Opinion on Denial of Rehearing June 14, 2002.

Attorney(s) appearing for the Case

Joe N. Lampley, Huntsville, for appellant.

George W. Royer, Jr., of Sirote & Permutt, P.C., Huntsville, for appellee.

Rehearing brief filed by George W. Royer, Jr., of Lanier Ford Shaver & Payne, P.C., Huntsville, for appellee.

Michael L. Fees and C. Gregory Burgess of Fees & Burgess, Huntsville, for amicus curiae Alabama Association of Chiefs of Police, in support of the application for rehearing.

Kendrick E. Webb of Webb & Eley, P.C., Montgomery, for amicus curiae Alabama Sheriff's Association, in support of the application for rehearing.

Kenneth Smith, Montgomery, for amicus curiae Alabama League of Municipalities (on rehearing).

MOORE, Chief Justice.

Terrell Telfare sued the City of Huntsville (hereinafter "the City") and D. McCarver, a police officer for the City. Telfare alleged that he was injured when Officer McCarver used what he says was excessive force to effectuate an allegedly unlawful arrest. The City filed a motion to dismiss, claiming that it was entitled to discretionary-function immunity under § 6-5-338, Ala.Code 1975. The trial court granted the City's motion to dismiss...

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