Bahakel v. City of Birmingham

This appeal involves an action for an unlawful arrest. Sahid Bahakel (plaintiff), sued the City of Birmingham (city); Franklin Tate (Tate); and Marva Gibbs (Gibbs). The city and Tate moved to dismiss pursuant to Rule 12 (b)(6), Alabama Rules of Civil Procedure, contending that the complaint failed to state a claim upon which relief could be granted. The Circuit Court for Jefferson County agreed, and dismissed plaintiff's action as to the city and Tate. It also entered final judgment under Rule 54 (b), A.R.C.P., as to those defendants. Plaintiff then appealed.

The dispositive issue is: Did the…