Supreme Court of Alabama, 1992

Kelly v. Ellis

Supreme Court of Alabama · Decided October 23, 1992 · Hornsby, Maddox, Shores, Houston, Kennedy

611 So. 2d 262; 1992 Ala. LEXIS 1196; 1992 WL 298100 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Kelly v. Ellis (Supreme Court of the United States 1993)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HORNSBY, Chief Justice.

That portion of the judgment in favor of the City of Birmingham, based on a directed verdict, is affirmed on the authority of 42 U.S.C. § 1983; City of St. Louis v. Praprotnik, 485 U.S. 112, 108 S.Ct. 915, 99 L.Ed.2d 107 (1988); Pembaur v. City of Cincinnati, 475 U.S. 469, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986); Monell v. Depart*263ment of Social Services of the City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978); see Depew v. City of St. Marys, 787 F.2d 1496 (11th Cir. 1986); Brooks v. City of Birmingham, 584 So.2d 451 (Ala. 1991); Gore v. City of Hoover, 559 So.2d 163 (Ala. 1990); Bahakel v. Tate, 503 So.2d 837 (Ala. 1987); Boyette v. City of Mobile, 442 So.2d 61 (Ala. 1983); Bahakel v. City of Birmingham, 427 So.2d 143 (Ala. 1983); and Neighbors v. City of Birmingham, 384 So.2d 113 (Ala. 1980).

That portion of the judgment in favor of the defendants Arthur W. Ellis and Faye Lampkin Mitchell, based on a jury verdict, is affirmed on the authority of Alpine Bay Resorts, Inc. v. Wyatt, 539 So.2d 160 (Ala. 1988); G.M. Mosley Contractors, Inc. v. Phillips, 487 So.2d 876 (Ala. 1986); and White v. Fridge, 461 So.2d 793 (Ala. 1984). See also Campbell v. Burns, 512 So.2d 1341 (Ala. 1987); Ashbee v. Brock, 510 So.2d 214 (Ala. 1987); Hollis v. Wyrosdick, 508 So.2d 704 (Ala. 1987); Jawad v. Gra-nade, 497 So.2d 471 (Ala. 1986); Willingham v. State, 261 Ala. 454, 74 So.2d 241 (1954); Charles W. Gamble, McElroy’s Alabama Evidence § 121.07 (4th ed. 1991); and Rules 54(c) and 55, A.R.Civ.P.

AFFIRMED.

MADDOX, SHORES, HOUSTON and KENNEDY, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.