Nesbitt v. Kershaw County Sheriff's Office et al

Filing 29

ORDER granting in part and denying in part 18 MOTION for Summary Judgment, granting summary judgment on (1) the First Amendment claim against the individual defendants and (2) the state law claim for wrongful death against K ershaw County Sheriff's Office; denying summary judgment on (1) the Fourth Amendment claim against the individual defendants for illegal seizure of the decedent, (2) the Fourth Amendment claim against the individual defendants for excessive forc e during seizure of the decedent, (3) the common law claim of battery against Kershaw County Sheriff's Office, and (4) the common law claim for false imprisonment against Kershaw County Sheriff's Office. Signed by Honorable Joseph F. Anderson, Jr. on 07/29/2014. (bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Jamie Tyler Nesbitt,
as personal representative of
the Estate of David Lynn Tyler, Sr.,

C/A No. 3:13-cv-01784-JFA

Plaintiff,
vs.

ORDER

Kershaw County Sheriff’s Office; Sheriff Jim
Matthews, individually and in his official
capacity; Marvin Brown; Brooks Houser; Andy
Watts; Lee Young; and Brian Morris,
Defendants.
This matter comes before the court on the defendants’ motion for summary judgment
pursuant to Rule 56 of the Federal Rules of Civil Procedure. ECF No. 18. In the motion, the
defendants seek to dismiss the plaintiff’s causes of action brought pursuant to 42 U.S.C. § 1983
and the South Carolina Tort Claims Act (“SCTC”), S.C. Code Ann. 15-78-40 et seq. The
plaintiff, as personal representative of the estate of David Lynn Tyler, Sr., has responded in
opposition, ECF No. 22, and the court heard oral arguments on July 28, 2014.
After carefully reviewing the applicable laws, the record in this case, as well as the
arguments presented by the parties, the court, for the reasons stated in the hearing, hereby grants
the defendants’ motion for summary judgment on: (1) the First Amendment claim against the
individual defendants—Sheriff Jim Matthews, Marvin Brown, Brooks Houser, Andy Watts, Lee
Young, and Brian Morris—for violation of the decedent’s freedom of speech under section 1983;
and (2) the state law claim for wrongful death against Kershaw County Sheriff’s Office
(“KCSO”) brought under the SCTCA. The court denies the motion for summary judgment on:
(1) the Fourth Amendment claim against the individual defendants for illegal seizure of the
decedent, brought under section 1983; (2) the Fourth Amendment claim against the individual

defendants for excessive force during seizure of the decedent, brought under section 1983; (3) the
common law claim of battery against KCSO, brought pursuant to the SCTCA; and (4) the
common law claim for false imprisonment against KCSO, brought pursuant to the SCTCA. The
plaintiff already has withdrawn the Fourteenth Amendment claim against the individual
defendants for failure to provide necessary medical care to the decedent, brought under section
1983; and the common law claim for negligent hiring, supervision and retention against KCSO,
brought under the SCTCA.

IT IS SO ORDERED.
July 28, 2014
July 29, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge