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BETHAE v. U.S.

C.A. No. 4:05-2683-PMD.

465 F.Supp.2d 575 (2006)

Ophelia BETHAE, as personal representative of the Estate of Jerry Bethae, Plaintiff, v. UNITED STATES of America; Darlington County Detention Center; Kenny Lynch, individually and/or in his capacity as Director of Darlington County Detention Center; Diane Sheffield Wilkes, individually and/or in her official capacity; Lawrence Flynn, individually and/or in his official capacity; Catherine W. Avinger, individually and/or in her official capacity; Charles Smith, Jr., individually and/or in his official capacity; and the South Carolina Department of Corrections, Defendants.

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

December 12, 2006.

Attorney(s) appearing for the Case

J.C. Nicholson, III, James C. Anders and Associates, Thad Lee Myers, Whetstone Myers Perkins and Young, Columbia, SC, Malcolm Duane Shuler, Whetstone Myers Perkins & Young, Kingstree, SC, for Plaintiff.

Barbara Murder Bowens, U.S. Attorneys Office, Columbia, SC, for Defendants.

ORDER

DUFFY, District Judge.

This matter is before the court upon Defendant United States of America's ("Defendant") Motion to Dismiss. For the reasons set forth herein, the court grants Defendant's motion.

BACKGROUND

On September 2, 2003, the decedent, Jerry Bethae ("Bethae"), was arrested by the Bureau of Alcohol, Tobacco and Firearms for felony possession of a firearm. On this date, he was remanded to the custody of the...

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