Kamerynn Young, 5, died in 2020 when she was in a vehicle that was struck by Dustin Cody Martin, who police say was driving erratically and fled police.
Carol Robinson | [email protected] a hit-and-run as the driver fled police can move forward, according to a ruling Friday by the Alabama Supreme Court.
“In my opinion, this absolute policy of not pursuing fleeing drivers is badly misguided,” Justice Greg Cook wrote, “and I am deeply concerned with the degree to which it limits BPD police officers’ abilities to apprehend lawbreakers and protect public safety.”Martin evaded officers when his Ford F-150 pickup truck struck another vehicle Kamerynn was riding in with her family at Springville Road and Roebuck Parkway, police have said.
On Nov. 8, 2023, the city filed a petition for writ of mandamus with the Alabama Supreme Court asking the high court to issue an order directing the trial court judge – Patton- to dismiss all claims against the city and to grant summary judgment.Shortly after the ruling was made public, Patton set a scheduling conference for Nov. 14 to proceed with the case and said he wants a firm trial date set.
Specifically, the relevant portions of the policy state that “will not initiate or participate in a vehicle pursuit” when “the decision to pursue is based only on a traffic violation or misdemeanor evading .” Cook wrote “specially to express my view that denying the petition given the circumstances in this case may be inconsistent with the underlying purpose of our peace-officer-immunity doctrine. Here, Officers Smith and Richardson contend that they observed a threat to public safety and made efforts to discharge their duty to protect the public from that threat. In my view, that is precisely the kind of conduct peace-officer immunity is designed to shield.
@River-State Birmingham Police @River-All
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