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COUCH v. CITY OF SHEFFIELD1/9/1998
s of negligent or
wanton failure to train, supervise, or discipline Lesley; on allegations of intentionally encouraging and covering up illegal police conduct; and on allegations of liability under the doctrine of respondeat superior) either under the immunity extended to municipalities in Ala. Code 1975, § 11-47-190, or on the ground that there was no evidence to support the claims. The City also maintains that the state law claims must fail because, according to the City, Lesley failed to timely file a notice of a claim with the City, in accordance with § 11-47-23. As to the § 1983 claim, the City, relying primarily on Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), argues that it cannot be held liable for Lesley's actions under a respondeat superior theory. The City argues that there is no evidence indicating that Lesley illegally arrested Couch pursuant to a policy officially adopted or implemented by the City and that there is no evidence otherwise supporting any of the allegations underlying the § 1983 or § 1985 claims.
Relying on the "Notice of Claim" and the "Factual Allegations" section contained therein, as well as the unverified copies of the transcript of his trial in the municipal court, Couch contends that Lesley lacked probable cause to arrest him for public intoxication. The gravamen of Couch's claims, both state and federal, is that Lesley, pursuant to official City policy, intentionally and without justification singled him out for arrest and demeaning interrogation for the purpose of harassing him, in an attempt to obtain information about possible drug trafficking at the Stagecoach Lounge, and that the City attempted to cover up any wrongdoing on Lesley's part by threatening Couch and fabricating evidence, i.e., by suborning perjury on the part of Captain Blackburn, who, according to Couch, provided false testimony as to Couch's condition at the time of the arrest.
After reviewing the record and the briefs, and after carefully examining the very serious charges of misconduct leveled by Couch against the defendants, we conclude, as the trial court did, that the defendants were entitled to a judgment as a matter of law.
A summary judgment is appropriate where there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Rule 56, Ala.R.Civ.P. In determining whether a summary judgment is appropriate, a court must view the evidence in the light most favorable to the nonmoving party, and all reasonable doubts concerning the existence of a genuine issue of material fact must be resolved against the moving party. Wayne J. Griffin Electric, Inc. v. Dunn Construction Co., 622 So.2d 314 (Ala. 1993). Rule 56(e) provides:
"Form of Affidavits; Further Testimony; Defense Required. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not s
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