Ex parte City of Warrior and Town of Trafford, [Ms. 1200759, June 24, 2022] __ So. 3d __ (Ala. 2022). The Court (Shaw, J.; Parker, C.J., and Bolin, Wise, Bryan, and Mendheim, JJ., concur; Mitchell, J., concurs specially; Sellers and Stewart, JJ., concur in the result) issues a writ of mandamus to the Jefferson Circuit Court directing it to grant summary judgment dismissing wrongful death claims against the City of Warrior and the City of Trafford arising from a head-on collision with a fleeing suspect who had been pursued in a high-speed chase by Warrior and Trafford police officers. The Court determines at the time of the pursuit and collision, the officers “were indisputably acting as peace officers; [and] that the officers are therefore entitled to immunity pursuant to § 6-5-338(a) and Ex parte Cranman, …; [and] that none of the exceptions to State-agent immunity apply; and, thus, that Warrior and Trafford are entitled to immunity as to [the] claims against them, which are premised on the doctrine of respondeat superior.” Ms. *11. The Court explains
Warrior and Trafford established that their respective officers were performing a discretionary law-enforcement function in attempting to arrest Wright, who was evading a lawful traffic stop. See Telfare v. City of Huntsville, 841 So. 2d 1222, 1228 (Ala. 2002) (holding that “[g]enerally, arrests and attempted arrests are classified as discretionary functions” for the purpose of establishing peace-officer immunity). Warrior and Trafford submitted undisputed evidence that Wright had failed to comply with Officer Henderson’s clear attempt to effectuate a traffic stop for multiple traffic offenses committed in that officer’s presence; therefore, the officers had probable cause to arrest him. The Court has previously observed that arresting a driver “for refusing to comply with a lawful order or direction of a police officer” is “clearly a discretionary function” because “[t]here is no hard and fast rule concerning when there is probable cause to arrest a person pursuant to § 32-5A-4, Ala. Code 1975.” Ex parte Duvall, 782 So. 2d 244, 248 (Ala. 2000).
The Court also holds that the Warrior and Trafford pursuit policies “constitute guidelines, not detailed rules and regulations, such as those stated on a checklist that must be followed by an officer in order for State-agent immunity to apply.” Ms. *20, (internal quotation marks omitted).