Code of Alabama
Ala. Code § 6-5-338 (2026)
Immunity of Peace Officers and Tactical Medics from Tort Liability for Conduct in the Line of Duty; Certain Employers of Off-Duty Officers to Maintain Liability Coverage.
✓ official Alabama Legislature (ALISON) text, current July 2026
THIS SECTION WAS REPEALED BY ACT 2025-423, EFFECTIVE OCTOBER 1, 2025.
(Acts 1994, No. 94-640, p. 1200, §§1-3; Act 2016-294, §1; Act 2025-423, §5.)
Notes of Decisions
Cited in 169
cases (47 in the last 5 years), 1995–2026 · leading case: Ex Parte City of Tuskegee, 932 So. 2d 895 (Ala. 2005).
Ex Parte City of Tuskegee, 932 So. 2d 895 (Ala. 2005). “" Swan was arrested, and when it was determined that he had no outstanding warrants for his arrest, he was released.”
Walker v. City of Huntsville, 62 So. 3d 474 (Ala. 2010). “Immunity The defendants argue that they are immune from liability on Walker's state-law claims under §§ 6-5-338 and 11-47-190, Ala.Code 1975. Section 6-5-338(a) states, in part: "Every peace officer, .”
Hollis v. City of Brighton, 950 So. 2d 300 (Ala. 2006). “"`By enacting [§ 6-5-338], the Legislature intended to afford municipal law-enforcement officials the immunity enjoyed by their state counterparts.”
Ex parte Harris, 216 So. 3d 1201 (Ala. 2016). “1998) (affirming the trial court’s summary judgment in favor of the defendant, a municipal police officer, who, pursuant to Ala.Code 1975, § 6-5-338, was entitled to discretionary-function immunity in the same manner as a state agent).”
Hardy v. Town of Hayneville, 50 F. Supp. 2d 1176 (M.D. Ala. 1999). “More specifically, the Town of Hayneville, citing a recent opinion by the Alabama Court of Civil Appeals, asks this court to revisit that portion of the Memorandum Opinion rejecting Defendant’s contention that municipalities are entitled to statutory discretionary function…”
Borders v. City of Huntsville, 875 So. 2d 1168 (Ala. 2003). “Code 1975, and § 6-5-338, Ala.Code 1975, the City was immune from all claims alleged in the complaint.”
Howard v. City of Atmore, 887 So. 2d 201 (Ala. 2004). “Subsequently, Howard filed this wrongful-death action against the City and against Chief McKinley and Officer Bryars, in their individual and official capacities.”
Hollingsworth v. Dixon, 55 So. 3d 1171 (Ala. 2010). “On March 6, 2009, Dixon and the City filed a motion for a summary judgment, claiming State-agent immunity for Dixon under § 6-5-338, Ala.Code 1975, and Ex parte Cramnan, 792 So.”
Suttles v. Roy, 75 So. 3d 90 (Ala. 2010). “Moreover, the legislature, in Ala.Code 1975, § 6-5-338, has acted to extend a form of immunity to shield municipal officers who are sued in their individual capacities.”
Swan v. City of Hueytown, 920 So. 2d 1075 (Ala. 2005). “The City of Hueytown responded, asserting that it was immune from liability pursuant to § 6-5-338, Ala.Code 1975 (providing peace officers immunity from tort liability for conduct in the line of duty), and § 11-47-190, Ala.”
Hollis v. City of Brighton, 885 So. 2d 135 (Ala. 2004). “Vicarious Liability of the City for the Act of the Policeman The City invokes § 6-5-338 immunity against vicarious liability for the act of the policeman.”
Grider v. City of Auburn, Ala., 618 F.3d 1240 (11th Cir. 2010). “[40] Defendants' motion for summary judgment expressly argued for state-law immunity from the tortious interference claim pursuant to both Cranman and Ala.Code § 6-5-338. [41] Each of the three fraud theories on which Plaintiffs rely requires the willful misrepresentation or…”
— Ala. Code § 6-5-338(3) — 1 case
Whatley v. Higginbotham, 145 So. 3d 751 (Ala. 2013).
— Ala. Code § 6-5-338(a) — 109 cases
Ex Parte City of Tuskegee, 932 So. 2d 895 (Ala. 2005). “" Swan was arrested, and when it was determined that he had no outstanding warrants for his arrest, he was released.”
Walker v. City of Huntsville, 62 So. 3d 474 (Ala. 2010). “Immunity The defendants argue that they are immune from liability on Walker's state-law claims under §§ 6-5-338 and 11-47-190, Ala.Code 1975. Section 6-5-338(a) states, in part: "Every peace officer, .”
Hollis v. City of Brighton, 950 So. 2d 300 (Ala. 2006). “"`By enacting [§ 6-5-338], the Legislature intended to afford municipal law-enforcement officials the immunity enjoyed by their state counterparts.”
Ex parte Harris, 216 So. 3d 1201 (Ala. 2016). “1998) (affirming the trial court’s summary judgment in favor of the defendant, a municipal police officer, who, pursuant to Ala.Code 1975, § 6-5-338, was entitled to discretionary-function immunity in the same manner as a state agent).”
Hollis v. City of Brighton, 885 So. 2d 135 (Ala. 2004). “Vicarious Liability of the City for the Act of the Policeman The City invokes § 6-5-338 immunity against vicarious liability for the act of the policeman.”
— Ala. Code § 6-5-338(b) — 44 cases
Ex Parte City of Tuskegee, 932 So. 2d 895 (Ala. 2005). “" Swan was arrested, and when it was determined that he had no outstanding warrants for his arrest, he was released.”
Hardy v. Town of Hayneville, 50 F. Supp. 2d 1176 (M.D. Ala. 1999). “More specifically, the Town of Hayneville, citing a recent opinion by the Alabama Court of Civil Appeals, asks this court to revisit that portion of the Memorandum Opinion rejecting Defendant’s contention that municipalities are entitled to statutory discretionary function…”
Ex parte Harris, 216 So. 3d 1201 (Ala. 2016). “1998) (affirming the trial court’s summary judgment in favor of the defendant, a municipal police officer, who, pursuant to Ala.Code 1975, § 6-5-338, was entitled to discretionary-function immunity in the same manner as a state agent).”
Howard v. City of Atmore, 887 So. 2d 201 (Ala. 2004). “Subsequently, Howard filed this wrongful-death action against the City and against Chief McKinley and Officer Bryars, in their individual and official capacities.”
Brown v. City of Huntsville, Ala., 608 F.3d 724 (11th Cir. 2010).
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