Wingate v. Byrd et al
| Ernestine Wingate |
| Wayne Byrd, Darlington County Sheriff's Office, Darlington, The County of, Darlington Police Department, The City of, Darlington, The City of, Ben Weatherford, Robert McIntyre, Clyde M Shepherd, John Specht, Judith Kate Green and John Does 1-10 |
| 4:2013cv03343 |
| December 2, 2013 |
| US District Court for the District of South Carolina |
| Florence Office |
| Darlington |
| R Bryan Harwell |
| Kaymani D West |
| Civil Rights |
| 28 U.S.C. ยง 1441 |
| Both |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
146
ORDER AND OPINION: Defendant's Motion for Reconsideration (ECF No. 143 ) is GRANTED IN PART and DENIED IN PART. The Court vacates the portion of its September 30, 2016 Order relating to the viability of a vicarious liab ility negligence claim under the SCTCA (ECF No. 134 at 39-41), and remands this case to the Magistrate Judge for consideration of this claim as to Defendants Wayne Byrd, Darlington County Sheriff's Office, and Darlington County. Specifically, the Magistrate Judge should address the merits of the vicarious liability negligence claim under the SCTCA, with particular attention to whether Eleventh Amendment immunity applies to these Defendants and extends to bar this claim in federal court, whether this claim is barred by immunity provisions under the SCTCA, and whether Defendants are otherwise be entitled to summary judgment on this claim. To assist the Court, the parties shall submit supplemental briefing on these issues within thirty days from the issuance of this Order. IT IS SO ORDERED. Signed by Honorable Bruce Howe Hendricks on 12/1/2016.(prou, )
|
|
Filing
134
ORDER RULING ON REPORT AND RECOMMENDATIONS: The Court adopts Reports Two and Three and adopts Report One in part. It is, therefore,ORDERED that Defendant Weatherford's Motion for Summary Judgment (ECF No. 59 ) is GRANTED IN PART and DENIED IN PART. The Court denies Weatherford summary judgment on Plaintiff's § 1983 excessive force claim and State claims for wrongful death, survivorship, and civil conspiracy, and grants Weatherford summary judgment on Plaint iff's claim for Fourth Amendment knock-and-announce violations and civil conspiracy under § 1983. It is further ORDERED that Defendants Wayne Byrd, Darlington County Sherriffs Office, and County of Darlingtons Motion for Summary Judgment (E CF No. 64 ) is GRANTED these parties are therefore dismissed from this action. Likewise, it is ORDERED that City of Darlington, Darlington Police Department, and Clyde M. Sheppards Motion for Summary Judgment (ECF No. 63) is GRANTED these parties ar e therefore also dismissed from this action. Accordingly, only Plaintiff's claims against Weatherford survive. Specifically, her § 1983 claim for excessive force, as well as her State claims for civil conspiracy, wrongful death and survivorship. IT IS SO ORDERED. Signed by Honorable Bruce Howe Hendricks on 09/30/2016. (dsto, )
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the South Carolina District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
