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Writ of Mandamus Granted In Favor of Police Officer Who Shot and Killed Plaintiff's Dog

In Ex parte City of Vestavia Hills, the Supreme Court of Alabama addressed both federal and state claims brought by a dog owner against the City of Vestavia Hills and Officer William Mitchell after an altercation that led Mitchell to shoot and kill the plaintiff’s dog. Specifically, the plaintiff brought an action against the city and Mitchell, alleging violations of her Fourth Amendment rights, negligence, and deprivation of property.

On appeal, the Supreme Court of Alabama affirmed in part and denied in part the plaintiff’s petition for a writ of mandamus, finding that, although the city and Mitchell were both entitled to state-agent immunity on the state claims, only Mitchell—not the city—was entitled to qualified immunity on the federal claims.

Katherine E. Philyaw, Ex Parte City of Vestavia Hills, 4. Cumb. L. Rev. Online 15 (2022).


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