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GULLEDGE v. SMART

Civ. A. No. 0:87-782-16.

691 F.Supp. 947 (1988)

Faye GULLEDGE, as Administratrix of the Estate of David Gulledge, Jr., for the Estate and for the benefit of herself and David Gulledge, Sr., Plaintiff, v. Joe A. SMART and J. Elbert Pope, Sheriff of York County, and John Hunsucker, Defendants.

United States District Court, D. South Carolina, Rock Hill Division.

July 29, 1988.

Attorney(s) appearing for the Case

Ray P. McClain, Charleston, S.C., for plaintiff.

William H. Davidson, II, Columbia, S.C. for J. Elbert Pope.

Robert R. Carpenter, Rock Hill, S.C., for John Hunsucker.

Terry B. Millar, Rock Hill, S.C., for Joe A. Smart.

ORDER

HENDERSON, District Judge.

This matter is before the Court on the defendants' motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The plaintiff has brought this action under 42 U.S.C. § 1983 alleging deprivation of her decedent's life without due process of law, together with pendent state claims arising under the South Carolina wrongful death and survivorship statutes. For the reasons set forth below, the...

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