
    Angela Nadine Bailey HILL, as administrator of the Estate of Edwin Roy Bailey, Sr., deceased v. Richard CHAMBLESS and Lawrence Keith Harvey.
    1992206.
    Supreme Court of Alabama.
    Sept. 14, 2001.
    
      Dennis R. Weaver of Cory, Watson, Crowder & DeGaris, Birmingham, for appellant.
    James B. Rossler of Stout & Rossler, Mobile, for Richard Chambless.
    W. Austin Mulherin of Frazer, Greene, Upchurch & Baker, L.L.C., Mobile, for Lawrence Keith Harvey.
   WOODALL, Justice.

AFFIRMED. NO OPINION

See Ala. R.App. P. 53(a)(1) and (a)(2)(E); Evans v. Hightower, 117 F.3d 1318 (11th Cir.1997); Jenkins v. Talladega City Bd. of Educ., 115 F.3d 821 (11th Cir.1997); Richards v. Southeast Alabama Youth Sews. Diversion Ctr., 105 F.Supp.2d 1268 (M.D.Ala.2000); Couch v. City of Sheffield, 708 So.2d 144 (Ala.1998).

SEE, LYONS, BROWN, HARWOOD, and STUART, JJ., concur.

MOORE, C.J., and HOUSTON and JOHNSTONE, JJ., dissent.

HOUSTON, Justice

(dissenting).

I would reverse the trial court’s judgment and remand this case for a jury trial. Whether the police officers were deliberately indifferent in permitting Edwin Roy Bailey, Sr., the deceased, who had been arrested, to crawl across a street that had not been blocked to traffic was a question of fact. The officers got out of the way when they saw an oncoming automobile approaching; they left Bailey in the road, where he was struck by the oncoming vehicle and killed.

JOHNSTONE, J., concurs.  