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SMITH v. OZMINT

C.A. No. 2:05-1155-PMD.

394 F.Supp.2d 787 (2005)

Dorothy SMITH, Plaintiff, v. John OZMINT, Commissioner of the South Carolina Department of Corrections, Sheriff A. Lane Cribb, as Custodian of the Georgetown County Sheriff's Department, Robert Stewart, Chief, South Carolina Law Enforcement Division, Georgetown County Solicitor's Office, John Gregory Hembree, Individually and in his Official Capacity, Zacharias Grate, Individually and in his Official Capacity, Robert Medlin, Individually and in his Official Capacity, Carter Weaver, Individually and in his Official Capacity, John Bartell, Individually and in his Official Capacity, Defendants.

United States District Court, D. South Carolina, Charleston Division.

October 24, 2005.

Attorney(s) appearing for the Case

Tina Nicole Herbert, Benjamin Law Firm, Columbia, SC, for Plaintiff.

Sandra Jane Senn, Sandra Jane Senn Law Office, Charleston, SC, for Defendants.

ORDER

DUFFY, District Judge.

This matter is before the court upon Defendants' Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6). In order to grant this motion, the court must take the allegations in the complaint as true and conclude that Plaintiff, as the non-moving party, can prove no set of facts in support of her claim that would entitle her to relief. Burbach Broadcasting Co. v. Elkins Radio Corp., 278 F.3d 401

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