Ex parte McGuire and Collier, [Ms. SC-2024-0419, June 27, 2025] __ So. 3d __ (Ala. 2025). The Court (Stewart, C.J.; Shaw, Wise, Bryan, Sellers, Mendheim, Cook, McCool, and Lewis, JJ., concur) issues a writ of mandamus directing the Dallas Circuit Court to enter summary judgment in Defendants’ favor.
Plaintiff sued the City of Selma, Chief of Police Spencer Collier, and police officer Devon McGuire alleging numerous claims relating to her arrest for charges of fourth-degree theft of property and attempting to elude. Defendants moved for summary judgment based on peace-officer immunity under § 6-5-338, Ala. Code 1975, and State-agent immunity, among other grounds. The trial court granted summary judgment to the City but denied Collier’s and McGuire’s motions.
The Court reiterates that § 6-5-338(a), Ala. Code 1975, provides a peace officer with “‘immunity from tort liability arising out of his or her conduct in performance of any discretionary function within the line and scope of his or her law enforcement duties.’” Ms. *10, quoting Ex parte Tucker, 303 So. 3d 467, 472 (Ala. 2019)(explaining that immunity extends “‘to employees of municipalities in the same manner that immunity applies to employees of the State).’” The Court analyzes whether a peace officer is entitled to immunity under § 6-5-338(a) based on the framework of Ex parte Cranman, 792 So. 2d 392, 405 (Ala. 2000). Ms. **10-11.
The Court concludes that McGuire and Collier presented undisputed evidence that they were entitled to peace-officer and State-agent immunity, namely that McGuire arrested Toure after witnessing “Toure remove a campaign sign that did not belong to her, from property that, likewise, did not belong to her, and that, when McGuire attempted to conduct a traffic stop, Toure drove approximately three and a half blocks despite knowing that McGuire was a police officer.” Ms. *12. Further, the Court finds that Plaintiff failed to present substantial evidence that McGuire’s and Collier’s conduct fell within one of exceptions to immunity set forth in Ex parte Cranman. Ms. **19-20.