Lemon v. Doe et al

Filing 71

ORDER supplementing 69 minute entry/motions hearing held on 08/18/2011 ordering the following: (1) the Plaintiff's 47 motion to amend the complaint to add specific police officers in place of Richard Roe is granted; ( 2) Defendants Richard Roe and the Sherriff of Sumter County's 46 motion for summary judgment is denied without prejudice; (3) Plaintiff's 48 motion to strike the affidavits attached to the Defendants' motion for summary judgment is denied; and (4) the Defendants' 43 motion to strike Plaintiff's allegations for emotional damages is held in abeyance, and granting in part 51 Motion for Attorney Fees awarding City of Sumter Police Department and John Doe $1,145.95. Signed by Honorable Joseph F Anderson, Jr on 08/19/2011.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Adrienne Lemon, Sr.,

)
)
Plaintiff,
)
)
v.
)
)
John Doe in his capacity as Officer(s)
)
for The City of Sumter Police
)
Department, Richard Roe in his
)
Capacity as Officer(s) for the Sumter
)
County Sherriff’s Department, City of )
Sumter Police Department, and Sherriff )
of Sumter County,
)
)
Defendants.
)
_________________________________ )

C/A No.: 3:10-cv-2758-JFA

ORDER

This matter is before the court upon five motions filed by the parties. For the
reasons stated at the hearing held before this court on August 18, 2011, the court orders
the following: (1) the Plaintiff’s motion to amend the complaint to add specific police
officers in place of Richard Roe is granted; (2) Defendants Richard Roe and the Sherriff
of Sumter County’s motion for summary judgment is denied without prejudice; (3)
Plaintiff’s motion to strike the affidavits attached to the Defendants’ motion for summary
judgment is denied; and (4) the Defendants’ motion to strike Plaintiff’s allegations for
emotional damages is held in abeyance. The court gives the parties until September 20,
2011, to conduct additional discovery limited to the following: (1) retaking the deposition
of the Plaintiff, if the parties so desire; (2) taking the deposition of Gloria Jenkins; and (3)
giving the Plaintiff’s time to find the name of the doctors in Florida who treated the

Plaintiff and are the subject of the Defendants’ motion to strike Plaintiff’s allegations for
emotional damages. The Plaintiff should take every reasonable step necessary to locate
these individuals, and if their identities are discovered, the Defendants are permitted to
take their deposition. The court will issue an amended scheduling order, which will
indicate the dates by which the parties must file their renewed dispositive motions.
Finally, with respect to the motion for attorney’s fees filed by Defendants City of
Sumter Police Department and John Doe, the court grants the motion, but reduces the
amount of fees to be awarded. The court grants the motion for the amount of $1,145.95.
This figure was reached by only including in the court’s calculation all of the costs
incurred and legal work performed by the attorneys for the City of Sumter Police
Department and John Doe after the depositions of Officers Brown, DuBose, and Welch
were taken on May 18, 2011. After this date, the court believes the Plaintiff should have
known that the City of Sumter Police Department was not involved with the traffic stop
and should have been willing to dismiss it from this suit. The court finds the hours
expended and the hourly rate requested to be reasonable for the period from May 18,
2011 forward.
IT IS SO ORDERED.

August 19, 2011
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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