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SLEZAK v. LEEKE

1295

298 S.C. 40 (1989)

378 S.E.2d 65

Gary SLEZAK, Gene D. Hurt, and Joseph DiTomasso, of whom Gary Slezak is Appellant v. William D. LEEKE, Commissioner, South Carolina Department of Corrections, in his individual, collective and official capacity, and The Board of Corrections of The State of South Carolina, in their individual, collective, and official capacities, Respondents.

Court of Appeals of South Carolina.

Decided March 6, 1989.

Attorney(s) appearing for the Case

John D. Elliott, Columbia, Guardian ad Litem, for appellant.

Robert E. Petersen and Larry C. Batson of S.C. Dept. of Corrections, and Sr. Asst. Atty. Gen. Kenneth D. Woodington, Columbia, for respondents.

Malissa Burnette, Guardian ad Litem, Columbia, for Gene D. Hurt.

John C. Bruton, Jr., Guardian ad Litem, Columbia, for Joseph DiTomasso.

Heard Jan. 18, 1989.

Decided March 6, 1989.

GARDNER, Judge:

Gary Slezak (Slezak) et al. brought this action against William D. Leeke, Commissioner of the South Carolina Department of Corrections, et al. Slezak alleges conspiracy and negligence on the part of the defendants and seeks monetary damages for what they call confinement under intolerable, unbearable, barbaric, illegal and unconstitutional conditions. The defendants moved under Rule 12(b)...

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