Alford v. Whitsel

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

The action is before the court on defendant’s motion to dismiss for failure to state a claim upon which relief can be *328granted. Rule 12(b) (6) Fed.R.Civ.P. The motion is bottomed on Mississippi’s one-year statute of limitations.1

Plaintiff seeks to recover damages in this action against defendant, because of a prosecution initiated by defendant in Chickasaw County, which plaintiff contends was without just cause and maliciously inspired. The complaint alleges that defendant voluntarily appeared before the grand jury of Chickasaw County on…