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COUCH v. CITY OF SHEFFIELD1/9/1998
mmary judgment, Couch submitted a copy of a "Notice of Claim" that he says he filed with the City in accordance with Ala. Code 1975, § 11-47-23. This document, which was signed by Couch and notarized by his attorney on April 1, 1996, is not stamped "filed," and it contains nothing otherwise indicating that it was filed with the City clerk. The document contains a section entitled "Factual Allegations," which reads as follows:
"During 1995, the plaintiff was the assistant manager of REX TV AND APPLIANCES, a large retail store located in Florence, Alabama.
"On July 1st and 2nd of 1995, the plaintiff worked long hard hours completing a store inventory, which included reconciling and consolidating store accounts.
"At approximately 11:47 p.m. on July 2, 1995, the plaintiff, after another long and exhausting day, left work and decided to go to the Stagecoach Lounge in Sheffield, Alabama, to have a drink and unwind before going home.
"Plaintiff arrived at the Stagecoach Lounge and ordered a Long Island Tea. After taking one sip, he asked the hostess, Mrs. Vicky Berriman, to watch his drink while he went outside where it was cooler to talk with her husband, Mr. Billy Berriman.
"Plaintiff smoked a cigarette and talked to Mr. Berriman near the door of the lounge for 10-15 minutes. As they were going back inside, city police officer Richard Lesley pulled into the parking lot and ordered them to stop.
"Officer Richard Lesley asked the plaintiff for identification, which the plaintiff provided. Plaintiff also respectfully, courteously, quickly, and accurately answered repeated questions as to his employment, residence, phone number and social security number.
"Officer Richard Lesley then searched plaintiff's wallet. Next, and without probable cause, Officer Richard Lesley ordered the plaintiff and Mr. Berriman to empty their pockets.
"Officer Richard Lesley discovered cigarette rolling papers in the possession of Mr. Berriman. Mr. Berriman admitted that he used them to roll marijuana cigarettes, but Mr. Berriman denied having recently smoked any marijuana.
"At that point, perhaps 8-10 minutes after the illegal stop and seizure of the plaintiff and Mr. Berriman, Officer Richard Lesley said to the plaintiff that 'now that I think about it, you smell like [marijuana] too.'
"Additional police officers arrived and searched the area for marijuana or anything incriminating that the plaintiff and Mr. Berriman might have possessed, but there was nothing to find.
"Officer Richard Lesley then handcuffed the plaintiff and placed him under arrest
for public intoxication, even though none of the statutory elements for the offense of public intoxication were present. Apparently defendant Officer Lesley had no formal training in the elements required for a valid public intoxication arrest.
"Prior to arresting the plaintiff, Officer Lesley at no time asked or was in any way concerned with how the plaintiff arrived at the lounge, whether he had a car, whether he came with a friend, whether he was dropped off by a friend or by a taxi, or how he intended to go home.
"Plaintiff was transported to the Sheffield City Jail where he was booked and strip searched, in which the plaintiff was forced to undress and reveal his genitals and spread the anal area of his person. This strip search was conducted without reason or cause to believe that weapons or contraband was being concealed on or in the body of the plaintiff.
"Plaintiff was questioned repeatedly about any knowledge he had about drug dealing at the Stagecoach Lounge. Defendant Lesley told the p
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