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COUCH v. CITY OF SHEFFIELD1/9/1998
r employment or appointment, include the enforcement of, or the investigation and reporting of violations of, the criminal laws of this state, and who is empowered by the laws of this state to execute warrants, to arrest and to take into custody persons who violate, or who are lawfully charged by warrant, indictment, or other lawful process, with violations of, the criminal laws of this state, shall at all times be deemed to be officers of this state, and as such shall have immunity from tort liability arising out of his or her conduct in performance of any discretionary function within the line and scope of his or her law enforcement duties.
"(b) This section is intended to extend immunity only to peace officers and governmental units or agencies authorized to appoint peace officers. No immunity is extended hereby to any private non-governmental person or entity, including any private employer of a peace officer during that officer's off-duty hours."
This section extends discretionary function immunity to municipal police officers, such as Lesley, unless the officer's conduct is so egregious as to amount to willful or malicious conduct or conduct engaged in in bad faith. See Wright v. Wynn, supra. However, it would be pure speculation for one to infer from Couch's evidence that Lesley had a personal ill will against him and that he
maliciously or in bad faith arrested him solely for purposes of harassment. There is nothing to reasonably dispute Lesley's affidavit testimony that he believed he had probable cause to arrest Couch based on Couch's appearance and demeanor (he said Couch's eyes were red and glazed; that he was nervous and unbalanced; that he was standing outside a lounge that had a reputation for being a hangout for drug users and drug traffickers; and that he was standing directly next to and talking with a person who was heavily intoxicated and who reeked of alcohol and marijuana), regardless of the fact that Couch was later acquitted of the offense of public intoxication. We further note that the defendants made a prima facie showing, through the affidavit of the police chief, Doug Aycock, that the "strip search" conformed to police department regulations and note that Couch submitted no evidence indicating that Lesley personally participated in the search of Couch's person at the jail or that that search, under the circumstances, was either illegal or in violation of police department regulations. For these reasons, the summary judgment for Lesley on the state law claims alleging intentional and malicious false arrest/imprisonment, malicious prosecution, and an illegal "strip search" would be upheld. As to the state law claims against the City (the claims based on allegations of negligent or wanton failure to properly train, supervise, and discipline Lesley; allegations of intentionally encouraging and covering up illegal police conduct; and allegations of liability under the doctrine of respondeat superior), we note that the City has immunity under § 11-47-190 with respect to each of those claims, except the one based on allegations of negligence in failing to train, supervise, and discipline Lesley. See Scott v. City of Mountain Brook, 602 So.2d 893 (Ala. 1992) (§ 11-47-190 limits the liability of municipalities to injuries suffered through neglect, carelessness, or unskillfulness of an agent, officer, or employee ). That claim would also fail, however, because there is no credible evidence to rebut the City's prima facie showing that it did properly train, supervise, and discipline its police officers.
In addition, we note that § 11-47-23 required Couch to file a notice of his state law claims with the City within six months of the accrual of his causes of a
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