Investigator Jimmy Williams, who worked for the Madison County District Attorney’s office, was sued in his personal capacity for wrongful death. The case arose out of the death of an innocent motorist who was struck at an intersection by a suspect who was being chased at high speed by a drug squad in which Williams was participating or directing.
Williams moved for a dismissal on the basis that he was acting in the capacity of a deputy sheriff at the time and was, therefore, immune. There was no evidence that Williams had ever been deputized by or hired by any sheriff. The trial court denied Williams’ motion to dismiss and Williams petitioned the Supreme Court to issue a writ of mandamus directing the trial court to dismiss the claims against Williams.
The Supreme Court denied the writ with no opinion on August 10, 2012.
The case on behalf of the dead motorist is being handled by MRB’s. The appeal was handled by Rip. You may be interested in this article by Rip about defeating immunity in cases against law enforcement officers.