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BORDERS v. CITY OF HUNTSVILLE

1020452.

875 So.2d 1168 (2003)

Ulysses BORDERS v. CITY OF HUNTSVILLE et al.

Supreme Court of Alabama.

Rehearing Denied September 26, 2003.

Attorney(s) appearing for the Case

Joe N. Lampley and Ta'Kisha L. Guster, Huntsville, for appellant.

George W. Royer, Jr., of Lanier Ford Shaver & Payne, P.C., Huntsville, for appellee the City of Huntsville.

Michael L. Fees and C. Gregory Burgess of Fees & Burgess, P.C., Huntsville, for appellee Keith Earle.

Kenneth Smith, league counsel, for amicus curiae Alabama League of Municipalities, in support of the appellees.

LYONS, Justice.

Ulysses Borders was arrested on charges of disorderly conduct and resisting arrest after an incident at a Huntsville nightclub. He was acquitted of the charges by the Huntsville municipal court. Borders then sued the City of Huntsville ("the City"), Keith Earle, a police officer for the City, and Charles Moore, Sr., the owner of the nightclub.1 Borders alleged that he was injured when Earle used what Borders says was excessive...

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