in was charged with disorderly conduct. The charge was dismissed after a hearing in the municipal court. During football games at Milton Frank Stadium, the area in front of the stands is chained off and the area is kept clear in order to minimize the potential for fights. Franklin was aware of this procedure, but said that the area was not yet chained off when he arrived and that he did not realize that the chain had been put up after he arrived, until he was arrested.

The Claims Against the City of Huntsville
The City of Huntsville's Rule 12(b)(6) motion to dismiss the malicious prosecution claim for failure to state a claim upon which relief may be granted was properly granted. This Court determined in Neighbors v. City of Birmingham, 384 So.2d 113 (Ala.1980), that a malicious prosecution action cannot lie against a municipality, because a municipality cannot be deemed to act with malice. In Boyette v. City of Mobile, 442 So.2d 61 (Ala.1983), this court held that notwithstanding Ala.Code 1975, § 11-47-190, which imposes municipal liability for injuries suffered through "neglect, carelessness or unskillfulness of some agent, officer or employee of the municipality engaged in work therefor and while acting in the line of his duty," a municipality has immunity from actions alleging unlawful arrest and imprisonment based on negligence on the part of city employees acting within the scope of their employment. Although Franklin concedes that the malicious prosecution claim must fail as a matter of law, he contends, relying on Gore v. City of Hoover, 559 So.2d 163 (Ala. 1990), that his false arrest claim is premised on negligence and was not subject to the motion to dismiss. Franklin's contention has merit. In Gore the plaintiff was mistakenly arrested under a warrant for presenting a worthless check drawn on insufficient funds. This court determined that the City could not be liable under the doctrine of respondeat superior for the alleged negligence of the magistrate in issuing an arrest warrant, where the magistr