From Casetext: Smarter Legal Research

Cornner v. Mitchell

Court of Civil Appeals of Alabama
Feb 13, 2004
886 So. 2d 816 (Ala. Civ. App. 2004)

Opinion

2020405.

August 8, 2003. Certiorari Denied February 13, 2004 Alabama Supreme Court 1021959.

Appeal from Lowndes Circuit Court (CV-02-25); H. Edward McFerrin, Judge.

Patrick Patronas of Lloyd, Gray Whitehead, P.C., Birmingham, for appellant.

J. Eric Anderson of Webb Eley, P.C., Montgomery, for appellee.


AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala. R.App. P.; Lee v. Minute Stop, Inc., 874 So.2d 505 (Ala. 2003); Ex parte Butts, 775 So.2d 173 (Ala. 2000); Karrick v. Johnson, 659 So.2d 77 (Ala. 1995); Ex parte Purvis, 689 So.2d 794 (Ala. 1996); Alexander v. Hatfield, 652 So.2d 1142 (Ala. 1994); Wright v. Bailey, 611 So.2d 300 (Ala. 1992); and Parker v. Amerson, 519 So.2d 442 (Ala. 1987).

This case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala. Code 1975.

YATES, P.J., and CRAWLEY and MURDOCK, JJ., concur.

PITTMAN, J., dissents.


I respectfully dissent from the no-opinion affirmance of the trial court's dismissal of the plaintiffs' complaint alleging tort claims against a county sheriff's deputy, Kelvin Mitchell, that purportedly arose out of Deputy Mitchell's intervention in a physical confrontation between Charles Cornner and Johnnie Cornner. In considering a dismissal of a complaint at the pleading stage for failure to state a valid claim, a court "`"does not consider whether the plaintiff will ultimately prevail, but only whether [she] may possibly prevail."'" Ex parte Haralson, 853 So.2d 928, 931 (Ala. 2003) (" Haralson I") (quoting Cook v. Lloyd Noland Found., Inc., 825 So.2d 83, 89 (Ala. 2001), quoting in turn Nance v. Matthews, 622 So.2d 297, 299 (Ala. 1993)). While I acknowledge the breadth of a deputy sheriff's immunity from liability espoused in the cases cited by the majority, the record at this stage does not currently include any evidence as to whether all of Deputy Mitchell's actions that allegedly harmed the plaintiffs were within the scope of his official duties. Haralson I, 853 So.2d at 932; see also Ex parte Haralson, 871 So.2d 802 (Ala. 2003) (" Haralson II"). In my view, Haralson I, Haralson II, and Phillips v. Thomas, 555 So.2d 81 (Ala. 1989), indicate that the summary-judgment stage is generally the appropriate point in litigation for determining immunity questions.


Summaries of

Cornner v. Mitchell

Court of Civil Appeals of Alabama
Feb 13, 2004
886 So. 2d 816 (Ala. Civ. App. 2004)
Case details for

Cornner v. Mitchell

Case Details

Full title:Patricia CORNNER v. Kelvin MITCHELL

Court:Court of Civil Appeals of Alabama

Date published: Feb 13, 2004

Citations

886 So. 2d 816 (Ala. Civ. App. 2004)

Citing Cases

Vick v. Sawyer

"A summary judgment is proper and must be affirmed on appeal if there is no genuine issue of material fact…

Austill v. Krolikowski

" ‘A summary judgment is proper and must be affirmed on appeal if there is no genuine issue of material fact…