TURNER v. EVANS

No. 82-8159.

721 F.2d 341 (1983)

Oran L. TURNER, Plaintiff-Appellant, v. David C. EVANS, Commissioner, Department of Offender Rehabilitation; D.E. England, Warden, Georgia Industrial Institute, Alto, Georgia; Captain Moody, Corrections Officer, Georgia Industrial Institute, Alto, Georgia; Mr. McNeil, Corrections Officer, Georgia Industrial Institute, Alto, Georgia; Mr. Simmons, Georgia Industrial Institute, Alto, Georgia; Mr. Garmon, Georgia Industrial Institute, Alto, Georgia; Mr. Cole, Georgia Industrial Institute, Alto, Georgia; Mr. Cook, Georgia Industrial Institute, Alto, Georgia, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 12, 1983.


Attorney(s) appearing for the Case

Sonja L. Salo, Atlanta, Ga., for plaintiff-appellant.

Daryl A. Robinson, Asst. Atty. Gen., Atlanta, Ga., for defendants-appellees.

Before FAY and VANCE, Circuit Judges, and ALLGOOD, District Judge.


PER CURIAM:

Finding that this matter presented an important issue of Georgia law on which there was no clear, controlling precedent, we certified the following question to the Supreme Court of Georgia:1

Does Georgia law require a person confined (in a jail or prison) at the time a cause of action arises to file suit within the applicable statutory limitation period or does O.C.G.A. § 9-3-90 (Ga.Code § 3-801) toll the...

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