Berry et al. v. City of Montgomery et al.
Annotate this CaseSeveral Citites and their employees, police officers J.J. Oglesby, J.M. Stewart, A.T. Caffey, Q.O. Commander, and N.W. McMahon petitioned the Supreme Court for a writ of mandamus to direct the Circuit Court to enter a summary judgment in their favor on certain claims asserted against them by Plaintiffs Dashad Berry, Kamessa Williams, and Miguel Johnson. Plaintiffs' claims stemmed from a traffic stops conducted by the City officers. Each of plaintiffs suffer from a type of paralysis that inhibited their abilities to respond quickly and directly to officers' orders incident to the officers' initial investigations. Plaintiffs sued the City and the individual officers alleging assault and battery, wantonness, negligence, negligent hiring, negligent training and negligent supervision. A trial court entered an order denying the City and officers' motion for summary judgment. On appeal, the City and officers argued they were immune to Plaintiffs' claims. Upon review, the Supreme Court found that Officers Oglesby and McMahon showed a clear legal right to the relief sought, and, as to them, their petition was granted and the trial court was directed to enter a summary judgment in their favor. Officers Stewart, Commander, and Caffey failed to demonstrate a clear legal right to the relief they sought, and, as to them, their petition was denied. However, the City has failed to demonstrate a clear legal right to the relief sought as to the claims against it based on the acts of Officers Stewart, Commander, and Caffey, and its petition was denied as to those claims. Finally, the City has failed to demonstrate a clear legal right to the relief sought based on the claims alleging negligent hiring, training, and supervision, and its petition was denied as to those claims.
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