ESTATE OF STORY THROUGH McNAIR v. McDUFFIE COUNTY

Civil Action No. CV195-117.

929 F.Supp. 1523 (1996)

The ESTATE OF Cornelius STORY, Through Jeannie M. Story McNAIR, as Temporary Administratrix for the Estate of Cornelius Story; and The Next of Kin, through Terrell Taylor, a child of the deceased through Wanda Taylor, as next friend; Cornelius T. Burtley, a child of the deceased through Terri Burtley, as next friend; and Vanessa Dunn Story, as the spouse of the deceased, Plaintiffs, v. McDUFFIE COUNTY, GEORGIA, through Joyce Blevins in her official capacity as the Chair of the McDuffie County Commissioners; Logan Marshall, individually and in his official capacity as the Sheriff of McDuffie County, Georgia; Former Sheriff William Swain, in his official capacity as the Sheriff of McDuffie County, Georgia; Deputy Tom Luckey, individually and in his official capacity as a Deputy of the McDuffie County, Georgia Sheriff's Department; John Doe Supervisor(s), whose names and numbers are unknown, individually and in the official capacity of each as a supervisor with the McDuffie County Sheriff's Department; Jointly and severally, Defendants.

United States District Court, S.D. Georgia, Augusta Division.

April 11, 1996.


Attorney(s) appearing for the Case

John Paul Batson, Augusta, GA, for plaintiffs.

James W. Purcell and David Patrick Dekle, Fulcher, Hagler, Reed, Hanks & Harper, Augusta, GA, for defendants.


ORDER

ALAIMO, District Judge.

Plaintiffs have brought the present action seeking damages under 42 U.S.C. § 1983 and state law. With regard to their federal claims, Plaintiffs argue that the Fourth and Fourteenth Amendment rights of decedent, Cornelius Story, were violated.1 Presently before the Court is Defendants' motion for summary judgment, under Rule 56 of the Federal Rules of Civil Procedure. For the reasons...

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