Ben Presley, a native of Birmingham, is an associate at Starnes Davis Florie.
* Obtained complete summary judgment in favor of a police officer and judicial magistrate on the basis that they were entitled to state agent immunity and absolute judicial immunity, respectively. The Alabama Court of Civil Appeals affirmed on appeal.
* Obtained summary judgment on a 42 USC 1983 claim brought against a municipal-owned utility, a former mayor, and the utility operations manager where the plaintiff alleged a violation of procedural due process under the Fourteenth Amendment arising out of the allegedly tortious disconnection of her electrical services. The Eleventh Circuit affirmed on appeal.
* Obtained summary judgment in favor of a municipality against a property owner who alleged that the city wrongfully condemned and demolished her property.
* Secured complete dismissal of all claims, which included invasion of privacy, defamation, abuse of process, and negligence, brought against several municipal employees, including a police officer.
* Obtained summary judgment in favor of a property owner against an individual who brought eight separate counts, including negligent design, negligent creation of a defect, negligent maintenance, and negligent failure to warn, and alleged that he was injured by a defect on the premises while playing tennis.
* Obtained summary judgment in favor of a municipality and two police officers against an individual who alleged he was wrongfully arrested for capital murder.
Honors And Awards
While attending law school, Ben served as Co-Chairman of the 2010 Moot Court Board, and was a member of the 2010 Intellectual Property Moot Court Team, where he placed third in the Intellectual Property Moot Court Competition.
Ben graduated from the University of Alabama magna cum laude with a B.S. in Commerce and Business Administration and With Honors in Finance. Ben was a member of the Jasons Senior Honor Society, the University Honors Program, and received the award for “Outstanding Undergraduate in Finance.”
Louise Alexander v. Edward May, 2012 WL 1758612 (11th Cir. 2012)
Miller ex rel. Miller v. Liberty Park Joint Venture, LLC, -- So. 3d --, 2011 WL 3780097 (Ala. Civ. App. 2011)