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SOSEBEE v. MURPHY

Nos. 85-1513(L), 85-1514.

797 F.2d 179 (1986)

Betty Joan Land SOSEBEE, Administratrix of the Estate of Gary McArthur Land, deceased, Appellant, v. Rosemary MURPHY, Laura Brown, Lloyd Patterson, Henry McDaniel, David Butterfield, Jim Coffey, Joe Hilton, Leroy Brown, Erskine Clower, Annie Ruth Addy, Nathaniel Thompson, Lavister Brown, Lawrence Cantey, Kenneth Washington, Kenneth Jones, Ronald Miller, William Lovett, Ismael Rodriguez, Carroll W. Bledsoe, Sr., Arneal Williams, Appellees, and Green B. Neal, M.D., Pat Satterfield, and Ernest E. Areheart, William Lynch, Roger Sturrup, and Robert Mays, Defendants. Betty Joan Land SOSEBEE, Administratrix of the Estate of Gary McArthur Land, deceased, Appellant, v. Rosemary MURPHY, Laura Brown, Lloyd Patterson, Henry McDaniel, David Butterfield, Jim Coffey, Joe Hilton, Leroy Brown, Erskine Clower, Annie Ruth Addy, Nathaniel Thompson, Lavister Brown, Lawrence Cantey, Kenneth Washington, Kenneth Jones, Ronald Miller, William Lovett, Ismael Rodriguez, Carroll W. Bledsoe, Sr., Arneal Williams, Appellees, and Green B. Neal, M.D., Pat Satterfield, and Ernest E. Areheart, William Lynch, Roger Sturrup, and Robert Mays, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 5, 1986.

Attorney(s) appearing for the Case

M. Wallace Smith (Younts, Smith & Alford, Greenville, S.C., on brief) for appellant.

Charles E. Carpenter, Jr. (George C. Beighley, Richardson, Plowden, Grier & Howser, William H. Davidson, II, Nauful & Ellis, Columbia, S.C., on brief) for appellees.

Before PHILLIPS and ERVIN, Circuit Judges, and HILTON, United States District Judge for the Eastern District of Virginia, sitting by designation.

ERVIN, Circuit Judge:

Betty Joan Land Sosebee, Administratrix of the Estate of Gary McArthur Land (decedent), brought an action under 42 U.S.C. §§ 1982, 1983 and for medical malpractice as a result of the death of decedent while he was incarcerated at the Maximum Security Center (M.S.C.) in Columbia, South Carolina. The district court granted summary judgment on behalf of all defendants on the grounds that there was no genuine issue of fact as to the violation...

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