Stewart v. United States of America
MEMORANDUM OPINION AND ORDER. Signed by Judge William M Acker, Jr on 8/21/12. (KGE, )
2012 Aug-21 PM 03:00
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA,
CIVIL ACTION NO.
MEMORANDUM OPINION AND ORDER
responding to this court’s request that the parties address the
question of whether Stewart’s objections to the magistrate judge’s
What the specificity requirements are under these particular
procedural circumstances presents an interesting question.
raised by the court because the standards and needs for specificity
did not seem to fit the situation at hand.
Whatever the standard,
the court has broad discretion, and, exercising that discretion
concludes that whatever specificity requirements there are, they
have been met by Stewart.
Stewart has not objected to any of the magistrate judge’s
renditions of the undisputed material facts which led him to what
judgment be granted.
The magistrate judge arrived at his recommendation by being
forced to “predict” what the Alabama Supreme Court has never yet
held, but would hold, if called upon, namely, that a psychologist
who has reasonably determined that a patient poses a significant,
imminent threat of death or serious injury to an identifiable
person, would not be liable in tort for reporting that threat to
These questions of Alabama law are entitled to de novo
This court hopes that the answers will come from the
Supreme Court of Alabama.
This court is in the process of formulating appropriate
questions to certify to the Supreme Court of Alabama, pursuant to
Rule 18, Ala. R.Civ.P.
DONE this 21st day of August, 2012.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?