Telfare v. City of Huntsville

• Decision Date: 18 January 2002
• Citation: 841 So.2d 1222
• Parties: Terrell TELFARE v. CITY OF HUNTSVILLE.
• Court: Alabama Supreme Court

841 So.2d 1222

Terrell TELFARE v. CITY OF HUNTSVILLE.

1000357.

Supreme Court of Alabama.

January 18, 2002.

Opinion on Denial of Rehearing June 14, 2002.

Joe N. Lampley, Huntsville, for appellant.

George W. Royer, Jr., of Sirote & Permutt, P.C., Huntsville, for appellee.

Rehearing brief filed by George W. Royer, Jr., of Lanier Ford Shaver & Payne, P.C., Huntsville, for appellee.

Michael L. Fees and C. Gregory Burgess of Fees & Burgess, Huntsville, for amicus curiae Alabama Association of Chiefs of Police, in support of the application for rehearing.

Kendrick E. Webb of Webb & Eley, P.C., Montgomery, for amicus curiae Alabama Sheriff's Association, in support of the application for rehearing.

Kenneth Smith, Montgomery, for amicus curiae Alabama League of Municipalities (on rehearing).

MOORE, Chief Justice.

Terrell Telfare sued the City of Huntsville (hereinafter "the City") and D. McCarver, a police officer for the City. Telfare alleged that he was injured when Officer McCarver used what he says was excessive force to effectuate an allegedly unlawful arrest. The City filed a motion to dismiss, claiming that it was entitled to discretionary-function immunity under § 6-5-338, Ala.Code 1975. The trial court granted the City's motion to dismiss, and Telfare appeals. We affirm in part, reverse in part, and remand.

I.

On the evening of February 22, 1999, Telfare visited JJ's Lounge in Huntsville with his girlfriend Lawonda. While they were at the lounge, an altercation occurred between Lawonda and another female, who was speaking to Telfare. After the confrontation, Telfare told Lawonda she should leave and suggested that he drive her home. As the two left the lounge, several women followed and attacked Lawonda.

Telfare attempted to break up the fight; he retrieved Lawonda from the group. The couple retreated to the safety of Telfare's automobile, and prepared to leave. At that moment, Huntsville Police Officer D. McCarver, who had apparently been summoned because of the fight, arrived at the scene. As Officer McCarver got out of his car, the females who had been fighting with Lawonda indicated that Telfare and Lawonda had instigated the altercation. According to the testimony of a witness, some of the women started yelling, "Get them; get him." Officer McCarver then approached Telfare's car, pulled his gun, and ordered Telfare to get out of the car. Telfare got out, and Officer McCarver ordered Telfare to lie on the ground. Telfare, however, refused to lie on the ground as Officer McCarver instructed. When Telfare refused, Officer McCarver holstered his pistol, retrieved an expandable baton, and struck Telfare about his legs with the baton. Telfare continued to refuse to comply with the officer's demands that he lie on the ground, and he attempted to walk away from Officer McCarver.

The witness, a friend of Telfare's, testified that he implored Telfare to comply, and that he eventually assisted in getting him to lie on the ground. Shortly thereafter, several other police officers arrived at the scene and assisted Officer McCarver in handcuffing Telfare. Officer McCarver then arrested Telfare on charges of disorderly conduct, harassment, and resisting arrest. Telfare sustained numerous contusions on his lower body when he was hit with the baton. On April 26, 2000, Telfare filed a complaint in the Madison Circuit Court against Officer McCarver and the City. The basis of Telfare's suit was that Officer McCarver had used excessive force during his arrest of Telfare. The City filed a motion to dismiss the complaint on May 23, 2000, and on June 20, 2000, Telfare filed a response to the City's motion to dismiss, which included a sworn statement of an alleged eyewitness to the altercation between Officer McCarver and Telfare. On June 30, 2000, Telfare submitted to the court an amended complaint, in which he completely restated his claims against the defendants.

On July 19, 2000, the circuit court, apparently acting on Telfare's initial complaint, dismissed Telfare's claims against the City. Telfare then filed a motion for reconsideration, indicating that he had filed an amended complaint. On August 3, 2000, the circuit court granted Telfare's motion to reconsider, set aside its previous order of dismissal, and allowed Telfare to proceed on his amended complaint.

Telfare's amended complaint, based on the same operative facts as was his original complaint, alleged only negligence-based state-law tort claims against McCarver and the City of Huntsville: In Count I, which he entitled "Excessive Use of Force," Telfare alleged that McCarver's negligence, carelessness, and lack of skill resulted in McCarver's having to use excessive force in perfecting an unlawful arrest. In Count II, entitled "False Arrest," Telfare alleged that Officer McCarver's arrest was negligent and unlawful because, he says, there was no probable cause for the arrest. In Count III, "False Imprisonment," Telfare alleged that "McCarver, acting within the line and scope of his authority and employment as a police officer of the City of Huntsville, negligently caused [Telfare] to be unlawfully detained, restrained, and imprisoned...." In Count IV, entitled "Assault and Battery," Telfare alleged that "McCarver committed a negligent assault and battery upon him...." In Count V, entitled "Excessive Use of Force," Telfare alleged that McCarver and the City had negligently deprived Telfare of his constitutional rights by McCarver's "assault and battery, false arrest, false imprisonment and excessive use of force ... while perfecting an unlawful arrest ... in the line and scope of his employment as a police officer of the City of Huntsville." In Count VI, entitled "False/Unlawful Arrest," Telfare again alleged that McCarver's actions, performed "within the scope of his authority as a police officer and agent of the City of Huntsville," negligently led to Telfare's allegedly unlawful arrest. Telfare sought damages and attorneys fees pursuant to 42 U.S.C. § 1988. In Count VII, also entitled "False Imprisonment" (see count III), Telfare alleged that McCarver, while "acting within the line and scope of his authority and employment as a police officer of the City of Huntsville, negligently ... and unlawfully detained, restrained, and imprisoned [Telfare] ..." and thus violated his constitutional rights.

Again, the City filed a motion to dismiss, and Telfare opposed the motion. On September 15, 2000, the trial court granted the City's motion to dismiss the amended complaint as to the City, on the basis that the City was immune from such claims. The trial court then certified its order of dismissal as a final judgment pursuant to Rule 54(b), Ala.R.Civ.P.¹ Telfare filed a motion for reconsideration, which the trial court denied on October 6, 2000.

II.

Telfare and the City disagree as to the standard of review we are to apply in this case. Telfare argues that the City's motion was clearly denominated and treated by the trial court as a motion to dismiss. Thus, Telfare suggests, we should treat the motion as a Rule 12(b)(6), Ala. R.Civ.P., motion. He argues that granting the motion was improper because "it is the rare case involving the defense of discretionary immunity that would be properly disposed of by a dismissal pursuant to Rule 12(b)(6), A.R.Civ.P." Patton v. Black, 646 So.2d 8, 10 (Ala.1994).

The City argues that, despite the fact that it entitled the motion as a motion to dismiss, the trial court essentially entered a summary judgment in its favor pursuant to Rule 56, Ala.R.Civ.P. It argues that we should, therefore, review the order under a summary-judgment standard of review.

Clearly, the City filed a motion styled "Motion ... to Dismiss Amended Complaint," and the trial court apparently believed that it had before it a Rule 12(b)(6), Ala.R.Civ.P., motion to dismiss. However, Telfare submitted in response to the City's Rule 12(b)(6) motion to dismiss a detailed response including a lengthy, sworn evidentiary statement from an alleged eyewitness to the events.

Rule 12(b), Ala.R.Civ.P., provides, in pertinent part: "If, on a motion asserting the defense numbered (6) to dismiss for failure ... to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment ...." (Emphasis added.) "When matters outside the pleadings are considered on a motion to dismiss, the motion is converted into a motion for summary judgment, Rule 12(b), Ala.R.Civ.P.; this is the case regardless of what the motion has been called or how it was treated by the trial court." Hornsby v. Sessions, 703 So.2d 932, 937-38 (Ala. 1997) (citation omitted). Because Telfare presented testimony not included in the pleadings, and because the trial court considered that information, the City's motion must be considered as one for summary judgment, and this Court must review the trial court's judgment by using the appropriate standard under Rule 56, Ala. R.Civ.P.

A summary judgment is proper where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Rule 56(c)(3), Ala.R.Civ.P. When a party moving for a summary judgment makes a prima facie showing that there is no genuine issue of material fact and that the party is entitled to a judgment as a matter of law, the burden shifts to the nonmovant to present substantial evidence creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). "Substantial evidence" is "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assur. Co. of...