Supreme Court of Alabama
Carlos Fernando Reixach Murey, as administrator of the Estate of Carlos Lens Fernandez v. City of Chickasaw, Michael…
March 17, 2023
Summary
The court dismissed the appeal from the first action because the federal court had dismissed, rather than remanded, the removed case, leaving the state trial court without jurisdiction to act. In the second action, the court affirmed summary judgment because the claims against the newly added jailer defendants were untimely and the remaining individual defendants established State-agent immunity that the plaintiff did not rebut with substantial evidence. The City was also entitled to summary judgment because its alleged liability depended on the liability of immune employees.