# Alabama Department of Corrections v. Merritt

> Court of Civil Appeals of Alabama · October 15, 2010 · 74 So. 3d 1

URL: https://www.frixlaw.com/law-library/cases/9779995

## Case

- **Full name:** ALABAMA DEPARTMENT OF CORRECTIONS Et Al. v. Jerry MacK MERRITT Et Al.; Jerry MacK Merritt Et Al. v. Alabama Department of Corrections Et Al.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** October 15, 2010
- **Citations:** 74 So. 3d 1; 2010 Ala. Civ. App. LEXIS 291; 2010 WL 4034863
- **Precedential status:** Published
- **Opinion:** Concurrence by Bryan
- **Judges:** Bryan, Moore, Pittman, Thomas, Thompson
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Ex Parte Alabama Department of Corrections, 1100129 (Ala. 5-13-2011), 74 So. 3d 25 (2011).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9779995

## Opinion text

BRYAN, Judge,
concurring specially.
I join Judge Thomas’s special concurrence. As I wrote in my special concurrence in Petty v. Allen, [Ms. 2080875, June 25, 2010] — So.3d —, — (Ala.Civ.App.2010), “I am obligated to apply [§ 14-8-6, Ala.Code 1975,] as the legislature wrote it, regardless of whether I agree with it. To do otherwise would be to substitute my opinion for that of the legislature.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9779995. Public record. Not legal advice.