BELCHER v. SOUTH CAROLINA BD. OF CORRECTIONS

Civ. A. No. 77-2044.

460 F.Supp. 805 (1978)

Linda BELCHER, Administratrix of the Estate of James Belcher, Plaintiff, v. The SOUTH CAROLINA BOARD OF CORRECTIONS, the South Carolina Department of Corrections, James B. Edwards, Individually and as an ex-officio member of the South Carolina Board of Corrections, W. M. Cromley, Jr., Individually and as Chairman of the South Carolina Board of Corrections, Mrs. Louis E. Condon, Individually and as Vice-Chairman of the South Carolina Board of Corrections, Clarence E. Watkins, Individually and as Secretary of the South Carolina Board of Corrections, Charles C. Moore, Individually and as a member of the South Carolina Board of Corrections, E. N. Zeigler, Individually and as a member of the South Carolina Board of Corrections, Norman Kirkland, Individually and as a member of the South Carolina Board of Corrections, William D. Leeke, Commissioner of the South Carolina Department of Corrections, Individually and as Commissioner, Hubert M. Clements and Charles A. Leath, Individually and as Deputy Commissioners of the South Carolina Department of Corrections, J. W. Strickland, Individually and as Director of the Division of Regional Operations for the South Carolina Department of Corrections, J. L. Harvey, Superintendent and/or Warden of Kirkland Correctional Center, Individually and in his official capacity, Samuel Jones, Individually and as Supervisor at the Kirkland Correctional Center, Wesley Jeffrey Dennis, Corrections Officer and/or guard, Individually and in his official capacity, Ronald Eugene Thornton, Corrections Officer and/or guard, Individually and in his official capacity, Phillips Foscue Corporation, Folger Adams Company, Palmet-to Metal Products Inc., and McDevitt and Street Company, Defendants.

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

May 19, 1978.


Attorney(s) appearing for the Case

Theo Walker Mitchell, Andrew M. Jones, Jr., Mitchell & Joe, Greenville, S. C., Robert W. Mance, Columbia, S. C., for plaintiff.

Hoover C. Blanton, Whaley, McCutchen & Blanton, Columbia, S. C., for Folger Adam Co.

McNair, Konduros, Corley, Singletary & Dibble, Columbia, S. C., for Palmetto Products Inc.

Corrine G. Russell, C. Tolbert Goolsby, Jr., Deputy Attys. Gen., Karen LeCraft Henderson, Asst. Atty. Gen., Columbia, S. C., for all defendants except Phillips Foscue Corp., Folger Adams Co., Palmetto Metal Products Inc. and McDevitt & Street Co.

Charles Carpenter, Richardson, Plowden, Grier & Howser, Columbia, S.C., for Phillips Foscue Corp.


ORDER ON MOTIONS TO DISMISS AND MOTIONS TO STRIKE

HEMPHILL, District Judge.

This matter comes before the court by virtue of several Motions to Dismiss and Motions to Strike filed on November 3, 1977 by various party-defendants.

This action allegedly arises over a tragic accident that occurred at the Kirkland Correctional Center in Columbia, South Carolina on August 16, 1975. Plaintiff's decedent, James D. Belcher, was an inmate at Kirkland housed...

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