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ALLEN v. FIDELITY & DEPOSIT CO. OF MD.

Civ. A. No. 80-0729-1.

515 F.Supp. 1185 (1981)

Dorothy ALLEN, Administratrix of the Estate of George Allen, Deceased, as Administratrix and on her own behalf v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, John Doe Insurance Company, Richard Roe Insurance Company and Jane Doe Insurance Company; Paul Douglas Grant, individually and as Sheriff of Aiken County; Larry A. Self and Ronnie Busbee, individually and as Deputy Sheriffs of Aiken County; James W. Whitehurst, Ralph Gunnells and Henry Hiers, individually and as employees of the Sheriff's Office of Aiken County; Carroll Heath, individually and as detective for the City of Aiken; Paul Grant and James (Skeet) Perry, individually and as agents of the South Carolina State Law Enforcement Division (SLED); The County of Aiken; The City of Aiken; John Doe and Richard Roe, other employees of the City of Aiken, the County of Aiken, the South Carolina State Highway Patrol, and South Carolina State Law Enforcement Department.

United States District Court, D. South Carolina, Aiken Division.

June 3, 1981.

Attorney(s) appearing for the Case

Fred Henderson Moore, Charleston, S. C., for plaintiff.

Henry Summerall, Jr., Aiken, S. C., for defendants Carroll Heath and City of Aiken.

C. Wesley Smith, Aiken, S. C., for defendant County of Aiken.

Samuel F. Painter, Nexsen, Pruet, Jacobs & Pollard, Columbia, S. C., for defendants Fidelity and Deposit Co. of Maryland and Paul Douglas Grant.

Joseph C. Coleman, Columbia, S. C., for defendant Whitehurst; Co-Counsel for defendants Self, Busbee, Gunnells and Hiers.

James M. Holly, Asst. Atty. Gen., Columbia, S. C., for Paul Grant and Perry; Co-Counsel for Self, Busbee, Gunnells and Hiers.

ORDER

FALCON B. HAWKINS, District Judge.

This is an action for damages brought under the "Civil Rights Act" pursuant to Title 42, United States Code Sections 1983, 1985, 1986 and 1988, and various amendments to the United States Constitution. The action arises from the fatal wounding of one George Allen by defendant Ronald Busbee, who was then a Deputy Sheriff of Aiken County, which occurred on April 19, 1974.

Plaintiff is the duly appointed, qualified...

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