Thomas v. Merritt

I respectfully dissent. The concept of the “confinement” of an inmate necessarily encompasses whatever programs are involved in the inmate’s term of incarceration.10 That is, I cannot agree that the inmate is not “confined” within the meaning of the statute at all times during the term of his or her incarceration. This was the conclusion of the Court of Civil Appeals in an earlier iteration of this case. See Alabama Dep’t of Corr. v. Merritt, 74 So.3d 1 (Ala.Civ.App.2010). I find the logic and reasoning of the Court of Civil Appeals in this regard to be compelling:

“DOC[11] argues that, from…