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COUCH v. CITY OF SHEFFIELD1/9/1998
12:46 AM.
"Previous to the morning of July 2, 1995, the Sheffield Police Department had been requested by the [owner] of the Stagecoach Lounge to pay extra attention to his business. He had previously experienced problems with persons who were intoxicated and had become disorderly, both inside and outside of the Stagecoach Lounge. He had also complained about narcotic sales, thefts and damage to vehicles in his parking lot. I, and other Sheffield police officers, have made numerous arrests at the Stagecoach Lounge for narcotics violations, possession of marijuana and public intoxication of persons in the parking lot of the Stagecoach Lounge."
"My name is Doug Aycock. I am the Chief of Police for the City of Sheffield, Alabama, and have held that job for approximately ten (10) years. The City of Sheffield has thirty-two (32) police officers, all of whom, except for two (2) most recent hires, have been duly certified by the Alabama Peace Officers Standards and Training Commission in accordance with the provisions of Alabama law as qualified police officers. The two (2) most recent hires by the City of Sheffield as police officers will attend the necessary schools as soon as the next classes in these schools are open and available to them. It is the requirement of the City and the laws of the State of Alabama that police officers be certified.
"The City of Sheffield, through the Civil Service Board of the City, has adopted rules and regulations for the government and administration of the Police Department. A copy of these rules and regulations is attached hereto, marked Exhibit 'A' and made a part hereof by reference thereto. [The exhibit is omitted from this opinion.] These regulations set forth the Police Department's responsibilities and relationships in the Sheffield community. The role of the Sheffield Police Department is to enforce the laws in a fair and impartial manner, recognizing both the statutory and judicial limitations of police authority and the constitutional rights of all citizens. As the Chief of Police and the chief executive officer of the Sheffield Police Department, I have the responsibility and the authority to manage, direct and control the operation and administration of the Police Department. Every employee of the Police Department is under an obligation
to accomplish the objectives of the Police Department by thorough compliance with police rules and regulations. In addition to the Standard Operating Procedures attached hereto and marked Exhibit 'A,' as the Chief of Police, I have issued orders from time to time which supplement the Standard Operating Procedures.
"Prior to the suit by Travis Couch, during the ten (10) years that I have been the Chief of Police in Sheffield, Alabama, there has only been one (1) other suit brought against the City of Sheffield and a police officer. This suit was tried in the Circuit Court of Colbert County and resulted in a verdict in favor of the City and the police officer.
"During the period from July 1994 through July 1995, the Sheffield Police Department had the following contacts made at the Stagecoach Lounge located on Second Street in the City of Sheffield:
"3 incidence/offense reports
"13 arrests for public intoxication
"31 calls for service
"The operators of the Stagecoach Lounge have requested the Sheffield Police Department to give extra attention to this place of business inasmuch as they have experienced problems with public intoxication, drunkenness, and damage to vehicles in the parking lot."
In response to the defendants' motion for summary judgment, and in support of his own motion for a partial su
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