Ex parte Brandon Brown.Annotate this Case
In April 2010, Officer Brandon Brown, a police officer with the City of Fultondale, received a be-on-the-lookout ("BOLO") from dispatch for a blue Mitsubishi automobile, the occupants of which were suspected of having committed a theft, engaged in the pursuit of a blue Mitsubishi that he saw leaving the area of the offense. Moments after Officer Brown ceased pursuit of the blue Mitsubishi, the driver, Christopher Mitchell, ran a red light at an intersection and struck a vehicle being driven by Pamela Cupps in which David Cupps was a passenger. Pamela Cupps was killed and David Cupps was injured. David Cupps, on behalf of himself and as administrator of Pamela Cupps' estate, sued Mitchell, Officer Brown, and others. With regard to Officer Brown, David Cupps alleged that Officer Brown negligently and/or wantonly pursued Mitchell's vehicle by driving recklessly, that he negligently and/or wantonly pursued Mitchell's vehicle in violation of the City of Fultondale Police Department's pursuit policy and procedure, and that he violated section 32-5A-7(c), Ala. Code 1975, by operating his patrol vehicle in pursuit of another vehicle without the use of an audible signal. After the complaint was filed, David Cupps died; Allison Cupps, the administrator of the estates of David Cupps and Pamela Cupps, was substituted as the plaintiff. Officer Brown petitioned the Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court to vacate its order denying his summary-judgment motion and to enter a summary judgment in his favor based on State-agent immunity and statutory immunity on claims filed against him by Allison Cupps. Finding that Officer Brown established, as a matter of law, that he was entitled to State-agent immunity from Cupps' action, the Supreme Court granted his petition and issued the writ.