Ellison et al v. Proffit et al
Michelle Ellison and David Ellison |
Brian Proffit, John Does, Glen Kirby and Kenney Boone |
4:2016cv00847 |
March 16, 2016 |
US District Court for the District of South Carolina |
Florence Office |
Florence |
Bruce Howe Hendricks |
Kaymani D West |
Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 45 ORDER RULING ON REPORT AND RECOMMENDATION: The Court ACCEPTS the Magistrate Judge's recommendations and incorporates the Report (ECF No. 43 ) by specific reference into this Order. It is therefore ORDERED that Defendant& #039;s motion to dismiss (ECF No. 8 ) is GRANTED as to Plaintiffs' claims of malicious prosecution relating to the hindering and resisting charges and § 1983 civil conspiracy, and DENIED as to Plaintiffs' claims for § 1983 malicious prosecution as to the breach-of-peace charges and supervisory liability, along with Defendants' assertion of Eleventh-Amendment Immunity. IT IS SO ORDERED. Signed by Honorable Bruce Howe Hendricks on 2/13/2017. (mcot, ) |
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