Supreme Court of Alabama, 1992

Brooks v. Bailey

Brooks v. Bailey
Supreme Court of Alabama · Decided July 24, 1992 · Kennedy, Hornsby, Maddox, Shores, Houston
601 So. 2d 987; 1992 Ala. LEXIS 692; 1992 WL 172857 (Southern Reporter, Second Series)

Brooks v. Bailey

Opinion of the Court

KENNEDY, Justice.

The plaintiff, Jesse James Brooks, appeals a summary judgment in favor of the defendant, Jack Bailey.

The plaintiff sought in the trial court to invoke the provisions of Ala.Code 1975, § 6-2-8, to suspend the operation of the statute of limitations on the claims brought against Bailey. Absent the applicability of § 6-2-8, Brooks’s claims are time-barred.

Section 6-2-8, in pertinent part, permits the suspension of the operation of statutes of limitations where the plaintiff is “imprisoned on a criminal charge for any term less than life.” By Brooks’s own admission he is in prison for life. The provisions of § 6-2-8 do not apply in this case.

AFFIRMED.

HORNSBY, C.J., and MADDOX, SHORES and HOUSTON, JJ., concur.

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