Sawyer v. Collins et al

Filing 64

ORDER ADOPTING IN PART 61 REPORT AND RECOMMENDATIONS re 56 MOTION to Dismiss FRCP 12(b)(1) filed by Bobby Sanders, Sylvia Collins and 40 MOTION to Dismiss First Amended Complaint filed by James Hood, Bobby Sanders, Sy lvia Collins. The Report and Recommendation is adopted re: 42 USC 1983 claims and defendants motion to dismiss plaintiffs claim pursuant to 42 U.S.C. § 1983 on the basis of qualified immunity is DENIED. As to the state law claims against defendants Sylvia Collins andBobby Sanders, the issue of whether they are entitled to state immunity under Alabama law willbe certified to the Supreme Court of Alabama. Signed by Judge Kristi K. DuBose on 12/5/2012. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
JOHNNIE MAE SAWYER, as daughter
and Administrator of the Estate
of Arthur Waters, Deceased,
Plaintiff,
v.
SYLVIA COLLINS, BOBBY SANDERS,
and JAMES HOOD,
Defendants.

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CIVIL ACTION NO. 2:12-0020-KD-M

ORDER
After due and proper consideration of all pleadings in this file, and a de novo
determination of those portions of the Recommendation to which objection is made, the
Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted, in
part, as the opinion of this Court, as follows:
1. Claims pursuant to 42 U.S.C. § 1983: The Report and Recommendation is adopted
and defendants’ motion to dismiss plaintiff’s claim pursuant to 42 U.S.C. § 1983 on the basis of
qualified immunity is DENIED. (Doc. 61, p. 1-19)
2. State law claims: As to the state law claims against defendants Sylvia Collins and
Bobby Sanders, the issue of whether they are entitled to state immunity under Alabama law will
be certified to the Supreme Court of Alabama.1
DONE this 5th day of December, 2012.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

1

Pre-trial proceedings in this case will not be stayed pending resolution of this question
by the Supreme Court of Alabama.