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SMITH v. TILLMAN

1051108.

958 So.2d 333 (2006)

Willie "Omar" SMITH v. Jack TILLMAN, individually and in his official capacity as sheriff of Mobile County.

Supreme Court of Alabama.

November 17, 2006.

Attorney(s) appearing for the Case

Jerry Roberson of Roberson & Roberson, Birmingham, for appellant.

K. Paul Carbo, Jr., of The Atchison Firm, P.C., Mobile, for appellee.

LYONS, Justice.

The plaintiff below, Willie "Omar" Smith, appeals from the Mobile Circuit Court's dismissal of his breach-of-contract action against Jack Tillman, sheriff of Mobile County, based on Tillman's immunity. We reverse and remand.

I. Facts and Procedural Background

In 2002, Smith, an employee of the Mobile County Sheriff's Department, sued Tillman, in both his individual capacity and his...

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