COUCH v. CITY OF SHEFFIELD1/9/1998
ction. A cause of action is deemed to have accrued under § 11-47-23 when an action can be maintained. See Hill v. City of Huntsville, 590 So.2d 876 (Ala. 1991). Notwithstanding the fact that his trial on the charge of public intoxication was pending, Couch could have maintained an action against the City immediately, at least with respect to his claims based on his allegations of intentional and malicious false arrest/imprisonment and an illegal "strip search" (under the doctrine of respondeat superior), and his claims based on allegations of negligent or wanton failure to properly train, supervise, and discipline Lesley. However, the record indicates that Couch signed the "Notice of Claim" on April 1, 1996, approximately nine months after his arrest on July 2, 1995. Assuming that it was filed on or about April 1, 1996, the notice was untimely as to those claims; and the complaint, which was not filed until March 25, 1996, was not filed in time to satisfy § 11-47-23. Hill v. City of Huntsville, supra.
With respect to the federal claims against the defendants, we note that Lesley was protected from § 1983 liability under the doctrine of qualified or "good faith" immunity extended to a municipal police officer performing a discretionary function. See Roden v. Wright, 646 So.2d 605 (Ala. 1994); Point Properties, Inc. v. Anderson, 584 So.2d 1332 (Ala. 1991), discussing, among other cases, Harlow v. Fitzgerald, supra. In deciding whether a public official, such as a police officer, is entitled to qualified immunity in a § 1983 action, this Court employs the following two-step analysis:
" '1) The defendant public official must first prove that "he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred."
" '2) Once the defendant public official satisfies his burden of moving forward with the evidence, the burden shifts to the plaintiff to show lack of good faith on the defendant's part. This burden is met by proof demonstrating that the defendant public official's actions "violated clearly established constitutional law." ' "
646 So.2d at 610, quoting Rich v. Dollar, 841 F.2d 1558, 1563-64 (11th Cir. 1988). (Citations omitted.) In Point Properties v. Anderson, supra, at 1338-39, this Court, quoting Stewart v. Baldwin County Board of Education, 908 F.2d 1499, 1503 (11th Cir. 1990), explained that " 'the relevant question on a motion for summary judgment based on a defense of qualified immunity is whether a reasonable official could have believed his or her actions were lawful in light of clearly established law and the information possessed by the official at the time the conduct occurred.' " This Court went on to note that " 'the qualified immunity defense provides ample protection to all except the plainly incompetent or those who knowingly violate the law.' " 584 So.2d at 1339, quoting Stewart, supra. Even viewing the evidence in the light most favorable to Couch, as we are required to do under our summary judgment standard of review, we conclude that Lesley was engaged in a discretionary function when he arrested Couch and, as previously noted, that he could have reasonably believed he was acting lawfully when he arrested Couch. The Court of Criminal Appeals, in Hardeman v. State, 651 So.2d 59, 67-68 (Ala.Crim.App. 1994), noted:
" 'A person commits the crime of public intoxication if he appears in a public place under the influence of alcohol, narcotics or other drug to the degree that he endangers himself or another person or property, or by boisterous and offensive conduct annoys another person in his vicinity.' Ala. Code 1975, § 13A-11-10(a). Although the evidence presented by the State may not have been sufficient
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