STURGES v. MATTHEWS

Nos. 94-2088, 94-2159.

53 F.3d 659 (1995)

David W. STURGES, as personal representative of the estate of Robert Erik Schuck-Kolben; Gerhard P. Schuck-Kolben; Jacqueline L. Schuck-Kolben, Plaintiffs-Appellants, v. Glenn MATTHEWS, in his individual capacity and in his official capacity as a Lexington County Deputy Sheriff; James R. Metts, in his individual capacity and in his official capacity as Lexington County Sheriff; Lexington County, South Carolina, Defendants-Appellees. David W. STURGES, as personal representative of the estate of Robert Erik Schuck-Kolben; Gerhard P. Schuck-Kolben; Jacqueline L. Schuck-Kolben, Plaintiffs-Appellees, v. Glenn MATTHEWS, in his individual capacity and in his official capacity as a Lexington County Deputy Sheriff, Defendant-Appellant, and James R. Metts, in his individual capacity and in his official capacity as Lexington County Sheriff; Lexington County, South Carolina, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 30, 1995.


Attorney(s) appearing for the Case

ARGUED: Robert Y. Knowlton, Sinkler & Boyd, P.A., Columbia, SC, for appellants. Andrew Frederick Lindemann, Ellis, Lawhorne, Davidson & Sims, P.A., Columbia, SC, for appellees. ON BRIEF: Palmer Freeman, Jr., Virginia L. Vroegop, Sinkler & Boyd, P.A., Columbia, SC, for appellants. William H. Davidson, II, Ellis, Lawhorne, Davidson & Sims, P.A., Columbia, SC, for appellees.

Before ERVIN, Chief Judge, and NIEMEYER and MOTZ, Circuit Judges.


Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Chief Judge ERVIN and Judge NIEMEYER joined.

OPINION

MOTZ, Circuit Judge:

David W. Sturges, as personal representative of the estate of Robert Erik Schuck-Kolben, Gerhard P. Schuck-Kolben, and Jacqueline L. Schuck-Kolben, appeals from the district court's dismissal of his state and federal law claims against Lexington County, South Carolina; James R. Metts, in his individual capacity...

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