Here, GB, for those of you with primitive computing equipment, is the substantial excerpt from the article
In today's filing in U.S. District Court at Birmingham, Hoover says the complaint against it and Sgt. Norm McDuffy should be thrown out because, among other reasons, Warren's complaint fails to state a valid claim upon which relief can be granted. A brief filed in support of the motion says that McDuffy couldn't have conspired with the Birmingham officers, as Warren claims, because he did not communicate with them.
McDuffy is also immune from suit because he was acting in an official capacity, the filing said.
"There can be no dispute that Sergeant McDuffy acted within the scope of his authority as a Hoover police officer when copying the videotape," Hoover's brief said. "Moreover, the facts as alleged by the plaintiff do not give rise to a constitutional violation."
In January 2008, a Birmingham police officer tried to question Anthony Warren about possible drug activity. In the subsequent 22-minute car chase, Warren struck a Hoover police officer with his van and then was thrown from his van as it crashed. Authorities said Warren was unconscious when the officers began kicking him and beating him with a billy club and fists. Warren filed a lawsuit in federal district court in Birmingham alleging unnecessary and excessive force.
The police video was recording until an officer turned off the lights and siren in the cruiser that held the camera, automatically shutting off the camera. Warren was charged with attempted murder of the Hoover officer, but later pleaded guilty to first-degree assault and is serving a 20-year sentence.