Blackwood v. City of Hanceville

This appeal presents an issue of first impression: What is the effect on the immunity afforded peace officers by §6-5-338(a), Ala. Code 1975, of the conditions and limitations imposed on drivers of emergency vehicles by § 32-5A-7(b)(3) and (d), Ala. Code 1975?

Section 6-5-338(a) provides, in pertinent part:

"Every peace officer. . . . shall at all times be deemed to be officers of this state, and as such shall have immunity from tort liability arising out of his or her conduct in performance of any discretionary function within the line and scope of his or her law enforcement duties."

Section…