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· 11/19/1999

Ex Parte City of Montgomery

Citations

  • 758 So. 2d 565
  • 1999 WL 1046444

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that discretionary official-act immunity does not attach to an officer who acts in bad faith, or willfully or maliciously, since that act would not be considered discretionary
  • holding officers are entitled to discretionary-function immunity when exercising their judgment on whether to make an arrest
  • \Rule 56(e) does not provide that the nonmoving party will be in default for failing to respond to a summary-judgment motion.\
  • because there is no \hard and fast rule\ regarding whether actual probable cause exists to make an arrest, an officer is entitled to discretionary-function immunity for exercising his or her judgment in whether to make an arrest
  • because there is no \hard and fast rule\ regarding whether actual probable cause exists to make an arrest, an officer is entitled to discretionary-function immunity for exercising his or her judgment in whether to make an arrest

Source: CourtListener parenthetical corpus (CC0).

Judges: Houston

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.