McAlpin v. City of Decatur

The plaintiff appeals from a summary judgment for the defendants in a case alleging civil conspiracy, trespass, burglary, theft, and violation of civil rights. The issues are (1) whether the trial court erred in excluding the deposition testimony of informant John Mitchell on the ground that it was inconsistent with his prior affidavit and if so, then (2) whether that deposition, taken with the other evidence, provided substantial evidence in support of the plaintiff's claims.

The plaintiff, Charles McAlpin, is a resident of Decatur, Alabama. Late in the afternoon on July 26, 1989, John…