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WINGATE v. BYRD

Civil Action No. 4:13-3343-BHH.

211 F.Supp.3d 816 (2016)

Ernestine WINGATE as the Personal Representative of the Estate of Ernest Russell, Plaintiff, v. Wayne BYRD, both individually and in his Official capacity as the Sherriff of Darlington County; Darlington County Sherriff's Office; the County of Darlington; The City of Darlington Police Department; the City of Darlington; Ben Weatherford; Clyde M Shephard; and John Does 1-10, Defendants.

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

Signed September 30, 2016.

Editors Note
Applicable Law: 28 U.S.C. § 1441
Cause: 28 U.S.C. § 1441 Notice of Removal
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER

Attorney(s) appearing for the Case

Robert V. Phillips, McGowan Hood and Felder, Rock Hill, SC, Gerald Malloy, Malloy Law Firm, Hartsville, SC, for Plaintiff.

Samuel F. Arthur, III, Aiken Bridges Nunn Elliott and Tyler, Florence, SC, Lisa Arlene Thomas, Thompson and Henry, Conway, SC, Adam Christopher Ness, Allison Dennis Hood Norma A. Turner Jett, Richard B. Ness, Ness and Jett, Bamberg, SC, for Defendants.

ORDER AND OPINION

This action arises out of the execution of a search warrant, resulting in the death of Ernest Russell ("Russell"). On October 18, 2013, Plaintiff Ernestine Wingate ("Plaintiff"), as personal representative of the estate of Russell, filed this 42 U.S.C. § 1983 action...

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