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491 So. 2d 926

Perry v. Greyhound Bus Lines

Supreme Court of Alabama

Decided June 6, 1986

Supreme Court of Alabama · decided 1986-06-06

Relies on 53 Ala. App. 685 - Hutto v. State · 376 So. 2d 678 - Driskill v. State · Hutto v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-06-06

How this case has been cited

Cited by 15 later decisions — most recently June 2018

12 state decisions

601986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1This appeal challenges the trial court’s holding that a private employer (Greyhound Bus Lines) is not liable for wrongs occurring during the exercise of the statutory arrest authority held by police officers employed by Greyhound.

¶2At the close of all the evidence, the trial court directed a verdict in favor of Greyhound in the following context: Greyhound hired two City of Mobile police officers as security guards during their “off-duty” hours. While so employed, they observed Julius Perry committing a misdemeanor— disorderly conduct. The officers arrested Perry and, during his apprehension, a brief scuffle occurred. He was then handcuffed and taken to the police station. He was later tried and found guilty of disorderly conduct; no appeal was taken. During this entire incident, the officers followed established procedures of the Mobile Police Department.

¶3Perry sued Greyhound for assault and battery, claiming that the arresting officers, acting as security guards for Greyhound and not as police officers for the City of Mobile, had no authority to use physical force in effecting the arrest and apprehension of Perry.

¶4Because the offense for which Perry was arrested was committed in the officers’ presence, we affirm the summary judgment, based on the principles enunciated in Driskill v. State, 376 So.2d 678 (Ala.1979); Hood v. City of Bessemer, 404 So.2d 710 (Ala.Cr.App.1980); Hutto v. State, 53 Ala.App. 685, 304 So.2d 29 (1974), cert. denied, 293 Ala. 758, 304 So.2d 33 (1974). See, also, Code 1975, §§ 15-10-3 and 13A-3-27.

¶5AFFIRMED.

TORBERT, C.J., and JONES, SHORES, ADAMS and STEAGALL, JJ., concur.
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