Larry Wayne Whitson v. Charles Baker and Troy Howton

This is a prisoner’s § 1983 suit. On remand with instructions from this Court, Judge U.W. Clemon held that the applicable one-year statute barred the suit, and that the Alabama tolling statute does not apply to a pretrial detainee, but only applied to persons convicted and sentenced for a term less than life. The prison er/plaintiff here was a pretrial detainee when the alleged violation of his civil rights took place, and the suit was brought more than a year later.. Since it was an undecided issue of Alabama law, we certified the question to the Supreme Court of Alabama. That court has now…