Whitely v. Food Giant, Inc.

Carlton Whitely, Jr., appeals from a summary judgment entered in favor of Food Giant, Inc., in his action alleging assault and battery, malicious prosecution, false imprisonment, violation of constitutional rights, and negligent training and supervision.

This is the second time this case has been before this court.See Whitely v. Food Giant, Inc., 693 So.2d 502 (Ala.Civ.App. 1997). In the previous appeal, we held that the trial court erred by dismissing Whitely's claims, pursuant to Rule 12(b)(6), Ala. R. Civ. P., because Whitely's allegations, if true, could have stated a claim upon which…