Municipal/Civil Rights Defense

Hancock v. City of Montgomery: $5,000,000.00 Automobile accident successfully defended. Plaintiff contended City of Montgomery police officers, who were on a high-speed run to back up another officer, did not have lights and sirens on at the time of collision which injured Plaintiff. Plaintiff had severe injuries, including a partial loss of a leg. In the trial of this case, after voir dire of Plaintiff's expert, George Kirkham, his testimony was disallowed and he was not permitted to testify as an expert in this case. Jury returned a verdict in favor of the City of Montgomery , and was affirmed on appeal to the Alabama Supreme Court, 428 So. 2d 29.

_ Cottrell v. Caldwell: This was a civil rights action brought on behalf of the deceased. The deceased had been arrested by police officers. He was placed in the back of the police car for transportation to jail. He died from positional asphyxiation and suit was filed against the City of Montgomery and the police officers. Summary Judgment was granted in favor of the defendants on qualified immunity and the Plaintiff did not pursue the matter further. Case reported, 85 Feb 3rd 1480, 11th Cir. 1996.

_ Brook v. City of Montgomery: This was a claim of age discrimination. Plaintiff contended employees for the City of Montgomery had made comments concerning age and denied Plaintiff a promotion. The verdict was returned in favor of the City of Montgomery. 916. F.Supp. 1193.

Thornton v. City of Montgomery: A jail inmate died by asphyxiation when swallowing a plastic spoon. Claim was made by Plaintiff that the City of Montgomery was guilty of deliberate indifference to the needs of the inmate and had not provided proper training to its personnel. Summary judgment on the merits of the case was entered in favor of the City of Montgomery. (78 F.Supp 2d 1218). This case was affirmed by the 11th Circuit Court of Appeals, without opinion.