Karole K. JENSEN, as Administratrix of the Estate of Michael Clark, Deceased, Plaintiff,
v.
Virgil L. CONRAD, in his individual and official capacity as Commissioner of the Department of Social Services;
Mary D. Dusenberry, George D. Hamilton, Oscar P. Butler, Ph.D., John C. Williams, Jr., Lucy C. Thrower, Agnes Wilson, Ph.D., and W. Jerry Fedder, individually and in their official capacities as members of the State Board of the Department of Social Services;
Jerry Herd, Harold E. Simpson, Ophelia W. Smith, J. Furman Gerrard, and Odell Short, individually and in their official capacities as members of the Anderson County Board of the Department of Social Services;
Kenneth Pryor, individually and in his official capacity as Director of the Anderson County Department of Social Services;
Dawn Hawkins, individually and in her official capacity as Program Director for Human Services of the Anderson County Department of Social Services; and
Susan Straup, individually and in her official capacity as Protective Services Supervisor of the Anderson County Department of Social Services, Defendants.
United States District Court, D. South Carolina, Anderson Division.https://leagle.com/images/logo.png
June 16, 1983.
Motion for Reconsideration August 24, 1983.
Attorney(s) appearing for the Case
O. Fayrell Furr, Jr. and Charles L. Henshaw, Jr., Columbia, S.C., for plaintiff.
Joel H. Smith, William C. Hubbard, John L. Choate, Henry S. Knight, Jr., Nelson, Mullins, Grier & Scarborough, Columbia, S.C., for Virgil L. Conrad, in his individual and official capacity as Commissioner of the Department of Social Services; Mary D. Dusenberry, George D. Hamilton, Oscar P. Butler, Ph.D., John C. Williams, Jr., Lucy C. Thrower, Agnes Wilson, Ph.D., and W. Jerry Fedder, individually and in their official capacities as members of the State Board of the Dept. of Social Services.
Wilburn Brewer, Jr., James Lynn Werner, Nexsen, Pruet, Jacobs & Pollard, Columbia, S.C., for Jerry Herd, Harold E. Simpson, Ophelia W. Smith, J. Furman Gerrard, and Odell Short, individually and in their official capacities as members of the Anderson County Board of the Department of Social Services; Kenneth Pryor, individually and in his official capacity as Director of the Anderson County Dept. of Social Services.
H. Grady Kirven, Steven C. Kirven, Watkins, Vandiver, Kirven, Gable & Gray, Anderson, S.C., for Dawn Hawkins, individually and in her official capacity as Program Director for Human Services of the Anderson County Dept. of Social Services.
George C. Beighley, Richardson, Plowden, Grier & Howser, Columbia, S.C., for Susan Straup, individually and in her official capacity as Protective Services Supervisor of the Anderson County Dept. of Social Services.
United States District Court, D. South Carolina, Anderson Division.
ORDER
WILKINS, District Judge.
This matter is before the Court on motions to dismiss filed pursuant to Fed.R. Civ.P. 12(b)(6) by members of the Boards of the State Department of Social Services and Anderson County Department of Social Services. On January 24, 1983, a hearing was held on these motions. Shortly thereafter, affidavits were filed by movants reaching the merits of Plaintiff's claim. Consequently, the Court notified the parties that the pending...
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