Legal Opinion

McCarter v. City of Florence

Supreme Court of Alabama

Decided April 14, 1927No. 8 Div. 904PublishedCited by 11 opinions

1Opinion of the Court

ANDERSON,,C. J.

It seems to be well settled by the decisions of this and most of the other states that a municipality is not responsible for the acts of its officers, agents, or servants in making false arrests or for instituting- a malicious prosecution. 5 McQuillin on Municipal Corporations, § 2431, and many cases cited in notes 15 and 16, page 5064; Hillman v. City of Anniston, 214 Ala. 522, 108 So. 540, 46 A. L. R. 89; Dargan v. Mobile, 31 Ala. 469, 70 Am. Dec. 505. It has been held that a town was not liable in an action for false imprisonment, either by reason of having adopted an…

2Cases cited6 opinions

  1. Dargan v. Mayor of MobileSupreme Court of Alabama · 1858
  2. Trammell v. Town of RussellvilleSupreme Court of Arkansas · 1879
  3. Hillman v. City of AnnistonSupreme Court of Alabama · 1926
  4. Gambill v. SchmuckSupreme Court of Alabama · 1901
  5. State ex rel. McLaurin v. McDanielMississippi Supreme Court · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Jackson v. City of FlorenceSupreme Court of Alabama · 1975
  2. Franklin v. City of HuntsvilleSupreme Court of Alabama · 1995
  3. Neighbors v. City of BirminghamSupreme Court of Alabama · 1980
  4. City of Bay Minette v. QUINELYSupreme Court of Alabama · 1955
  5. Boyette v. City of MobileSupreme Court of Alabama · 1983

6 more not listed; retrieve them via the Exa API.

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