Cupps v. Mitchell

182 So. 3d 495, 2015 Ala. LEXIS 64, 2015 WL 3367665
CourtSupreme Court of Alabama
DecidedMay 22, 2015
Docket1140048
StatusPublished
Cited by1 cases

This text of 182 So. 3d 495 (Cupps v. Mitchell) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cupps v. Mitchell, 182 So. 3d 495, 2015 Ala. LEXIS 64, 2015 WL 3367665 (Ala. 2015).

Opinion

STUART, Justice.

Brandon Brown, a police officer employed by the City of Fultondale, petitions this Court for a writ of mandamus directing the Jefferson Circuit Court to vacate its order denying his summary-judgment motion and to enter a summary judgment in his favor based on State-agent immunity and statutory' immunity on claims filed against him by Allison Cupps, as administrator for the estate of David A. Cupps, deceased, and as administrator for the estate of Pamela Cupps, deceased. We grant the petition and issue the writ.

Facts and Procedural History

In April 2010, Officer Brown, who had received a be-on-the-lookout (“BOLO”) from dispatch for a blue Mitsubishi Eclipse automobile, the occupants of which were [498]*498suspected of having committed a theft, engaged in the pursuit of a blue Mitsubishi Eclipse that he saw leaving the area of the offense. Moments after Officer Brown ceased pursuit of the blue Mitsubishi Eclipse, Christopher Dale Mitchell, the driver of the blue Mitsubishi Eclipse, ran a red light at the intersection of Daniel Payne Drive and Coalburg Road and struck a vehicle being driven by Pamela Cupps in which David Cupps was a passenger. Pamela Cupps was killed and David Cupps was injured.

David Cupps, on behalf of himself and as administrator of Pamela Cupps’s estate, sued Mitchell, Officer Brown, and others.1 With regard to Officer Brown, David Cupps alleged that Officer Brown negligently and/or wantonly pursued Mitchell’s vehicle by driving recklessly, that he negligently and/or wantonly pursued Mitchell’s vehicle in violation of the City of Fulton-dale Police Department’s pursuit policy and procedure, and that he violated § 32-5A-7(c), Ala.Code 1975,2 by operating his patrol vehicle in pursuit of another vehicle without the use of an audible signal. After the complaint was filed, David Cupps died; Allison Cupps, the administrator of the estates of David Cupps and Pamela Cupps, was substituted as the plaintiff.

Officer Brown moved for a summary judgment. In his motion, Officer Brown contended, among other arguments, that, because he was acting in the line and scope of his employment as a police officer for the City of Fultondale when he engaged in the pursuit of Mitchell’s vehicle, he was entitled to the protections of State-agent immunity and statutory immunity under § 6-5-338, Ala.Code 1975, from the civil action. In support of his motion, Officer Brown attached an affidavit, in which he averred:

“2. The information set forth in this affidavit is based upon personal knowledge and I am competent as to all matters stated herein.
“3. My name is Brandon Brown, and at all times relevant to this matter, I was employed as a police officer for the City of Fultondale and was acting in the line and scope of my employment as a police officer.
“4. On April 3, 2010, during the performance of my duties as a police officer for the City of Fultondale, I was working as a patrolman at the Promenade Shopping Center in Fultondale, Alabama.
“5. During my shift, I received a radio dispatch warning officers to be on the lookout (‘BOLO’) for a blue Mitsubishi Eclipse, the occupant(s) of which were suspected of committing a crime at the Best Buy [electronics retail] store in ' the Promenade Shopping Center. I later learned the driver of the blue Mitsubishi Eclipse was the co-defendant Christopher Dale Mitchell.
“6. After the BOLO, I observed a blue Mitsubishi Eclipse coming from the general direction of the Best Buy. The vehicle then stopped in the middle of the road on Lowery Parkway. When I first saw the blue Eclipse, my emergency flashers were already activated, as I was conducting an interview with an individual in an unrelated matter. The blue Eclipse then made a U-turn on Lowery [499]*499Parkway, and headed back south in the direction of the Best Buy.
“7. Once the blue Eclipse made a U-turn, I got in my patrol vehicle and began to follow the Eclipse; ■ The blue Eclipse did not stop and. began to drive away. I then activated my emergency siren and accelerated in an attempt to catch the blue Eclipse, which was accelerating down Lowery Parkway away from my vehicle.
“8. As the blue Eclipse passed Logan’s restaurant on Lowery Parkway, it .passed a vehicle on the left, causing the vehicle to swerve to the right, almost off the roadway.
“9. The blue Eclipse continued on Lowery Parkway in the direction of Highway 31 at a high rate of spéed. Due to the high rate of speed, the blue Eclipse nearly lost control at the intersection of Lowery Parkway and Highway 31, and ultimately executed a right turn on a red light, heading south.
“10. While speeding south down Highway 31, the blue Eclipse straddled the center dividing line of the highway, and passed two vehicles, forcing one vehicle to swerve right and the other to swerve left.
“11. After speeding south down Highway 31, the-blue Eclipse made a right turn onto the Exit 266 on-ramp for Interstate 65 south. Just before entering the on-ramp, the blue Eclipse passed another vehicle exiting on the right, forcing that vehicle to swerve back onto Highway 31 to avoid a collision.
“12. Once the blue Eclipse merged onto Interstate 65 South, it had to temporarily reduce its speed due to traffic. I was able to close the distance between our vehicles, after which the blue Eclipse accelerated and wedged itself between a tractor trailer and another vehicle in an attempt to [elude] me. The tractor trailer had to slam on its brakes to keep from hitting the blue Eclipse.
“13. After speeding down Interstate 65 South, the blue Eclipse took Exit 264 to Daniel Payne Drive. The blue Eclipsé approached the intersection of Daniel Payne Drive and the 1-65 exit ramp at a high rate of speed, and took a blind right hand turn on a red light. The blue Eclipse nearly sideswiped a green Volvo station wagon, causing the Volvo-to slam on its brakes to prevent a collision. ’
“14. While traveling; at a high rate of speed, the blue Eclipse approached the interséctiori. of Daniel Payne Drive and Trax Drive. The traffic light controlling the blue Eclipse’s lane of travel was red, and there was traffic on the roadway. The combination of the red light'and traffic prevented the blue Eclipse from advancing, so the vehicle swerved right, jumping over a curb into the grassy area to the right side of the roadway, and ran the red light at Trax Drive.
“15. After'the light turned green at Trax Drive, I was able'to accelerate, but the blue Eclipse was well ahead of my position and - pulling away. I then slowed my patrol vehicle down and began to prepare to turn around and return to my patrol area.
“16. As I slowed my patrol vehicle, I was still able to see the blue Eclipse continuing to speed down Daniel Payne Drive approaching the intersection of Daniel Payne and Coalburg Road. The light controlling the blue Eclipse’s lane direction of travel was red.
“17.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rachel v. City of Mobile
112 F. Supp. 3d 1263 (S.D. Alabama, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
182 So. 3d 495, 2015 Ala. LEXIS 64, 2015 WL 3367665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cupps-v-mitchell-ala-2015.