Garrett v. Gilley

Charles Garrett filed a complaint in the Circuit Court of Houston County against five defendants, seeking recovery of a sum of money and damages for its wrongful seizure and detention. The trial court granted the defendants' motion to dismiss the complaint under Rule 12 (b)(6), Ala.R.Civ.P., for failure to state a claim upon which relief could be granted. Garrett appeals. For the following reasons, we reverse and remand.

Garrett's complaint reads as follows:

"Comes, CHARLES GARRETT, Plaintiff, in the above Action, is now being held by the Warden, at Fountain Correctional Center; Atmore,…