City of Mobile v. Robertson

This is the second time this matter has been before this court. In City of Mobile v. Robertson, 863 So.2d 117 (Ala.Civ.App. 2003) ("Robertson I"), this court set forth, in part, the procedural history and facts of this case as follows:

"Robertson has been employed with the Mobile Police Department since 1988; he was ranked as a corporal at the time of the incident that gave rise to this action, but he customarily `filled in' as a sergeant approximately two or three nights each week to accommodate the precinct's scheduling requirements. On New Year's Eve, December 31, 2000, random gunfire…