BAXLEY v. CITY OF NORTH CHARLESTON

Civ. A. No. 81-0240-1.

533 F.Supp. 1248 (1982)

Kerry J. BAXLEY, Plaintiff, v. CITY OF NORTH CHARLESTON, a Municipal Corporation, and John E. Bourne, Jr., individually and as Mayor, and L. Edward Simmons, individually and as Chief of Police of the City of North Charleston, Defendants.

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

March 11, 1982.


Attorney(s) appearing for the Case

Grover C. Seaton, III, Paul & Seaton, Charleston Heights, S. C., for plaintiff.

James E. Gonzales, North Charleston, S. C., for defendants City of North Charleston and John E. Bourne, Jr.

Joseph C. Coleman, Columbia, S. C., for defendant L. Edward Simmons.


ORDER

HAWKINS, District Judge.

This matter is before the court on defendants' motions for summary judgment filed December 22, 1981 and January 19, 1982, pursuant to Rule 56, Federal Rules of Civil Procedure. A hearing on the motions was held on January 21, 1982. Having considered the arguments of counsel, the extensive briefs and the materials of record, the court concludes that the motions by the defendants should be granted in part and denied in part....

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