Neighbors v. City of Birmingham

The dispositive issue in this appeal is whether a municipality can be held liable for malicious prosecution. For the reasons discussed herein, we hold that it cannot.

Appellant Kendall Neighbors was arrested by Birmingham police officers G.R. McCreless and M.E. Curry on March 25, 1978, for the offense of "public drunkenness." He was eventually acquitted of the charge. He subsequently filed a civil suit for malicious prosecution against the City of Birmingham and the police officers. The City moved to dismiss the complaint against it for failure to state a claim upon which relief could be…