Ex parte City of Homewood

Officer J.C. Clifton and Officer Jason Davis, law enforcement officers for the City of Homewood, and the City of Homewood petitioned for a writ of mandamus to direct the Jefferson Circuit Court to enter a summary judgment in their favor on the ground of immunity. In 2013, the officers were dispatched to the Babies "R" Us retail store in the Wildwood Shopping Center in response to a shoplifting incident involving Bristinia Fuller and Bria Mines. When the officers arrived, they learned that Fuller and Mines were leaving the parking lot of the store in a vehicle being driven by Fuller. Officer Clifton and Officer Davis, driving separate patrol cars, attempted to stop the vehicle. Instead of stopping, Fuller eluded the officers by speeding through the parking area and onto Lakeshore Drive. The officers pursued. Fuller continued speeding and ran through multiple red traffic lights before losing control of her vehicle. The vehicle struck a light pole and a stopped vehicleat the intersection. Fuller was killed and Mines was seriously injured. 2015, Mines sued Officer Clifton and Officer Davis, both in their official and individual capacities, Homewood, and others alleging she was injured as a result of the negligent, reckless, and/or wanton conduct of the officers and Homewood during the officers' pursuit of Fuller's vehicle. She also alleged that Homewood was vicariously liable for the officers' conduct and was negligent in hiring and supervising the officers. After review, the Supreme Court concluded the officers established they were entitled to immunity as to Mines' claims against them in both their official and individual capacities. Moreover, because the officers were entitled to immunity, Homewood was also entitled to immunity. The Court therefore granted their petition and issued the writ, directing the trial court to enter a summary judgment for Officer Clifton, Officer Davis, and Homewood. View "Ex parte City of Homewood" on Justia Law