JENSEN v. CONRAD

Nos. 83-1801(L), 83-1936.

747 F.2d 185 (1984)

Karole K. JENSEN, as Administratrix of the Estate of Sylvia R. Brown, Deceased, Appellant, 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; Appellees. Karole K. JENSEN, as Administratrix of the Estate of Michael Clark, deceased; Appellant, 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 S. 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; Appellees, and 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; Susan Straup, individually and in her official capacity as Protective Services Supervisor of the Anderson County Department of Social Services; and Charlie Ann Jenkins, in their official capacities as social workers with the Anderson County Department of Social Services; Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1984.


Attorney(s) appearing for the Case

O. Fayrell Furr, Jr., Columbia, S.C. (Charles L. Henshaw, Jr., Columbia, S.C., on brief), for appellant.

Joel H. Smith, Camden, S.C. (William C. Hubbard, Nelson, Mullins, Grier & Scarborough, Columbia, S.C., on brief), and James L. Werner, Columbia, S.C. (Wilburn Brewer, Jr., Nexsen, Pruet, Jacobs & Pollard, George Beighley, Richardson, Plowden, Grier & Howser; Charles E. Hill, Jr., Turner, Padgett, Graham & Laney; David Robinson, II, Robinson, McFadden, Moore, Pope, Williams, Taylor & Brailsford, Columbia, S.C., on brief), for appellees.

Before WIDENER, MURNAGHAN and ERVIN, Circuit Judges.


ERVIN, Circuit Judge:

Sylvia Brown, age seven months, and Michael Clark, age three years, died in the summer of 1979 after suffering brutal beatings at the hands of their guardians. Their estates, along with the estates of four other battered children, brought suit under 42 U.S.C. § 1983 against the Commissioner of the South Carolina Department of Social Services, members of the State Board of the Department of Social...

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