(2) WARREN TIMOTHY PARKER and SHERRIE PARKER vs. THE CITY OF BAY MINETTE; MAYOR SONNY DOBBINS; CHRIS MILLER; and TERRY W. SANDERS

COUNTY/DOCKET #/JUDGE: Baldwin / CV-05-541 / J. Langford Floyd

PLAINTIFF(S) ATTORNEY(S): Thomas B. Brown, Atmore

DEFENDANT(S) ATTORNEY(S): Lawrence M. Wettermark of Galloway, Wettermark, et al., Mobile

AGE/SEX/OCCUPATION OF PLAINTIFF: 47 / M / Police Officer

CAUSE OF INJURY: Slander/Police Officer Accused of Multiple Assaults. Plaintiff alleged that on May 7, 2004, he was a sergeant with the Bay Minette Police Department when he was placed on administrative leave by Defendant Sanders, the chief of police, without explanation. Sanders sent Plaintiff to be evaluated by Dr. John Davis at Bay Minette City Hall. Plaintiff asked Dr. Davis why he was being referred to a psychologist, and Dr. Davis informed Plaintiff that it was alleged that Plaintiff had aimed his gun at a subordinate officer’s head and threatened to kill him. Plaintiff was required to see another counselor, Hiram Johnson, at Crossway Counseling Center because it was alleged that Plaintiff had assaulted several women when responding to domestic violence complaints. Plaintiff was required to take the Minnesota Multiphasic Personality Inventory, which was scored by Dr. Greg Williams. Dr. Williams never met with Plaintiff prior to or after scoring the test results. Dr. Williams suggested that Plaintiff be evaluated for Bipolar Obsessive-Compulsive Personality Disorder. While still being evaluated by Dr. Davis and Hiram Johnson, Plaintiff was also referred to Dr. Terry Passman. Dr. Passman met with Plaintiff and asked him about hearing voices and the sound of wind rushing through his ears. After this meeting, Dr. Passman recommended  to Sanders that Plaintiff be restored to unrestricted duty. Approximately six weeks following the recommendation of reinstatement, Sanders sent Plaintiff to Dr. Kim Zweifler because it was alleged that Plaintiff improperly handled a teen suicide six years prior. These examinations continued into October 2004. Sanders was asked to resign by the Mayor and City Council in December 2004. To the date of the filling of complaint, Plaintiff was still not reinstated as a patrol sergeant but remained a patrolman for the City of Bay Minette. Plaintiff allegedly was never given a viable reason for the actions taken by Defendant Sanders and the lack reinstatement to his previous position. Plaintiff sued for negligence, alleging that Defendants Dobbins and Miller: (1) failed to supervise Sanders in his capacity as police chief; and (2) allowed Sanders to slander Plaintiff’s name and inflict emotional distress on Plaintiff and also defamed Plaintiff. Plaintiff Sherrie filed suit for loss of consortium. In response to the complaint, Defendant filed a Motion for Summary Judgment contending that Defendants were protected by qualified privilege and absolute privilege as prescribed by Alabama law. Defendant motion was granted.

NATURE OF INJURY: Public humiliation; embarrassment.

EXPERT WITNESSES: n/a

JUDGMENT: For the Defendants on November 14, 2007 (summary judgment).