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JENSEN v. CONRAD

Civ. A. No. 82-2061-15.

570 F.Supp. 91 (1983)

Karole K. JENSEN, as Administratrix of the Estate of Sylvia R. Brown, Deceased, Plaintiff, v. Virgil L. CONRAD, in his individual and official capacity as Commissioner of the Department of Social Services; Robert Kneece, Fred G. Scott, Samuel Smith, Agnes Wilson, Oscar P. Butler, Jr., John C. Williams, Jr., and Lucy C. Trower, individually and in their official capacities as members of the State Board of the Department of Social Services; Collie L. Moore, W.H. Neal, Catherine Morris, Allen Dowdy, Arlene B. Andrews, Beatrice Sumter, Robert E. Alexander, Melissa Burnette, individually and in their official capacities as members of the Richland County Board of the Department of Social Services; Mary Williams and Patricia Jones, individually and in their official capacities as Social Workers for the South Carolina Department of Social Services; and Barbara Locklair, individually and in her official capacity as a "Home Health Nurse" for the South Carolina Department of Social Services, Defendants.

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

Supplemental Opinion July 18, 1983.

Attorney(s) appearing for the Case

O. Fayrell Furr, Jr., Columbia, S.C., for plaintiff.

George C. Beighley, John L. Choate, Joel H. Smith, William C. Hubbard, Charles E. Hill, David W. Robinson, II, Wilburn Brewer, Jr., James L. Werner, Columbia, S.C., for defendants.

ORDER

HAMILTON, District Judge.

This matter comes before the court upon three motions to dismiss for failure to state a claim upon which relief may be granted, filed by the defendants pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The first motion was filed on November 15, 1982, by defendants Conrad, Kneece, Wilson, Butler and Williams, the Commissioner of the South Carolina Department of Social Services (hereinafter "Commissioner") and...

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