City of Birmingham v. Waits

Because I do not agree that the City of Birmingham should be liable in' this case for damages based on the injuries inflicted on a guard by prisoners at the city jail, I respectfully dissent.

The City of Birmingham employed Janet Waits as a guard at , the city jail. After another guard had confiscated alcohol from some of the prisoners, Waits was in the cellbloek, unaccompanied by any other guard, and she was there in accordance with jail regulations.2 She instructed several prisoners who were peacefully standing outside their cells to go back into their cells. As the prisoners walked toward…