Dallas v. City of Mobile, Alabama
1:23-cv-00466
S.D. Ala.Jun 5, 2025Background
- Plaintiff is the administrator for Jawan Dallas's estate, suing the City of Mobile and officers Hutto and Davila after Dallas’s death following a police encounter.
- On July 2, 2023, officers responded to a 911 call and stopped Dallas, who did not match the suspect’s description, questioned him, and ultimately used force during an attempted detention and flight.
- Dallas was tased, struck, and pleaded for help due to breathing difficulties before dying at the scene after intervention by EMTs.
- Plaintiff’s amended complaint asserts several federal and state claims including unconstitutional seizure, First Amendment retaliation, municipal liability, assault/battery, and wrongful death.
- Officers Hutto and Davila moved to dismiss the Second, Third, Fourth (as to them), and Fifth claims under Rule 12(b)(6) for failure to state a claim, raising survivorship and merger arguments.
- The magistrate judge reviewed the motions under the Twombly/Iqbal pleading standard and recommended dismissal of the challenged claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Survival of §1983 unlawful seizure claim | Dallas's estate may recover for unlawful seizure, injuries, and damages caused by Hutto/Davila. | Under Alabama law, personal injury claims not filed before death do not survive. | Dismissed, claim did not survive Dallas’s death. |
| First Amendment retaliation claim | Dallas had a right not to be assaulted for protected speech (pleas for help, breathing complaints). | No factual allegations implicate Hutto; retaliation claim seeks only injury, not death. | Dismissed against both, did not survive death. |
| Municipal custom/policy claim (against officers) | Officers’ actions and “omissions” are actionable as unconstitutional policies/practices. | Officers are not alleged as policymakers or supervisors—no personal liability. | Dismissed as to Hutto/Davila. |
| Assault/battery claim (personal injury) | Officers committed assault/battery causing harm; damages recoverable. | Assault/battery claims for personal injuries merge with wrongful death and do not survive. | Dismissed, merged into wrongful death claim. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (articulates plausibility standard for Rule 12(b)(6) motions)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (establishes factual plausibility pleading requirement)
- Estate of Gilliam v. City of Prattville, 639 F.3d 1041 (11th Cir. 2011) (Alabama survivorship statute precludes §1983 personal injury claims not filed prior to death)