Alabama Municipal Insurance Corporation v. Willie Allen; Alabama Municipal Insurance Corporation v. Amber Holmes…

Summary

The court held that the statutory damages cap does not limit judgments against a municipal peace officer sued individually for conduct outside the scope of municipal employment. The cap limits municipal liability and indemnity obligations, not the personal liability of an employee sued in an individual capacity; the City also had no statutory duty to indemnify the officer because the trial court had found that he acted outside his employment. The court affirmed the judgments against AMIC and the City. Justice Murdock, concurring in part, would apply the same conclusion even if the employee acted within the scope of employment and emphasized additional immunity and constitutional issues.