ACTION 8 UPDATE: Alabama Supreme Court rules against Selma attorney and activist Faya Rose Toure
Selma attorney and civil rights activist Faya Rose Toure – Photo from WAKA Action 8 News
ACTION 8 UPDATE: The Alabama Supreme Court has ruled against Selma attorney and activist Faya Rose Toure in her lawsuit against the City of Selma, its former police chief and a police officer.
The court ruled in favor of former Police Chief Spencer Collier and officer Devon McGuire. Toure had filed a $4 million lawsuit against them and the city.
The lawsuit stemmed from an incident that happened in Selma on July 16, 2018. Court records show that McGuire was driving an unmarked patrol car when he saw Toure remove a political campaign sign from property near Tabernacle Baptist Church, put it in her car and drive off. McGuire stated that when he later saw her and stopped her car, he asked to return the sign when she said “Go to hell” and drove off, running a red light.
Later, McGuire performed a traffic stop involving Toure. Documents show Toure got out of her vehicle but then got back in it and drove off, going about three and-a-half blocks before pulling over after McGuire followed her and asked for help from other officers.
She was then arrested on charges of fourth-degree theft of property and attempting to elude.
In 2019, Toure filed the lawsuit, claiming assault and battery, false arrest, unlawful imprisonment, invasion of privacy, negligence, carelessness, unskillfulness, wantonness, abuse of legal process, unreasonable seizure and defamation/libel.
According to Alabama Supreme Court documents, Collier, McGuire and the City requested immunity and provided deposition testimony, the incident report, the arrest report and McGuire’s body camera video of the incident.
The trial court entered a summary judgment in favor of the city, but not in favor of Collier or McGuire. The two petitioned the Alabama Supreme Court for a writ of mandamus, saying that under state law, they have immunity as municipal peace officers.
The Alabama Supreme Court said the two were successful in demonstrating the conduct that would entitle them to immunity. The court said Toure failed to prove that their conduct fell within one of the exceptions to that immunity, saying the trial court should have ruled in favor of Collier and McGuire.
READ: Faya Rose Toure Alabama Supreme Court Ruling
