Ex Parte City of Birmingham, Bryan Smith, and Dearis Richardson Petition for Writ of Mandamus: Civil (in Re: Elisha…

Summary

The Supreme Court of Alabama denied the petition for a writ of mandamus filed by the City of Birmingham and its officers, holding that the defendants lack a clear legal right to peace‑officer immunity because a genuine factual dispute exists as to whether they violated an absolute Birmingham Police Department pursuit policy. The Court applied a de novo standard to the immunity issue and concluded mandamus relief was unavailable.