McCULLOUGH v. FINLEY

No. 17-11554.

907 F.3d 1324 (2018)

Angela McCULLOUGH, Marquita Johnson, Kenny Jones, Algi Edwards, Levon Agee, et al., on Behalf of themselves, Individually, and on Behalf of a Class of All Others Similarly Situated, Plaintiffs-Appellees, v. Ernest N. FINLEY, Jr., Chief of Police of the City of Montgomery, in his Individual and Official Capacities, Kevin Murphy, Former Chief of Police of the City of Montgomery, in his Individual and Official Capacities, Les Hayes, III, Former Presiding Judge of the Municipal Court of the City of Montgomery, in his Individual Capacity, Milton J. Westry, Presiding Judge of the Municipal Court of the City of Montgomery, in his Official Capacity, Todd Strange, Mayor of the City of Montgomery, in his Individual Capacity, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 29, 2018.


Attorney(s) appearing for the Case

Martha Irene Morgan , Morgan Law Office, Cottondale, AL, Henry Sanders , Faya Rose Toure, Chestnut Sanders & Sanders, LLC, Selma, AL, for Plaintiffs-Appellees.

Richard Hamilton Gill , Shannon L. Holliday , Robert D. Segall , Joel Thomas Caldwell , Copeland Franco, Miland Fredrick Simpler, III , Edward Hamilton Wilson, Jr. , Ball Ball Matthews & Novak, PA, Montgomery, AL, Robert Bernard Harwood, Jr. , Rosen Harwood , PA, Tuscaloosa, AL, for Defendants-Appellants.

Andrew Lynn Brasher , Alabama Attorney General's Office, Montgomery, AL, for Amicus Curiae State of Alabama.

Ed R. Haden , Balch & Bingham, LLP, Birmingham, AL, for Amici Curiae State of Alabama, Alabama Municipal Insurance Corporation, Alabama League of Municipalities, Georgia Municipal Association, Inc.

Before WILLIAM PRYOR and MARTIN, Circuit Judges, and VRATIL, District Judge.


This appeal requires us to decide whether two municipal judges enjoy absolute judicial immunity and a mayor and two police chiefs enjoy qualified immunity from a complaint alleging claims of peonage and false imprisonment. Several residents of Montgomery, Alabama, who were sentenced by the municipal court for traffic...

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