Grant et al v. Sumter, City of et al

Filing 33

ORDER granting 32 Consent MOTION TO APPROVE A MINOR SETTLEMENT filed by Brittany Grant, Kizzie Grant, Richard Grant, Betty Grant. Signed by Magistrate Judge Shiva V Hodges on 8/6/2015. (mwal)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

COLUMBIA DIVISION

Betty Grant, Brittany Grant, Richard
Grant and Kizzie Grant, as Parent and
Legal Guardian for minor, 1.G.,
Plaintiffs,
v.
City of Sumter,
Defendant.

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CIA #: 3:13-cv-03491-MGL-SVH

ORDER APPROVING
MINOR SETTLEMENT

This matter comes before the Court upon the petition of Kizzie Grant, as the parent and
guardian for 1.G., a minor under the age of eighteen (18) years of age, for approval of a
settlement arising out of an incident that occuned on or about December 16, 2011, more fully
described in the Summons & Complaint on file at the United States District Court for the District
of South Carolina bearing civil action number 3: 13-cv-03491-MGL-SVH, in which the Petitioner
alleges that the minor sustained damages as a resul t an illegal entry and search of the residence in
which he resided when the Sumter City Police Department entered the wrong premises pursuant
to a search warrant and detained the occupants, including this Plaintiff. The Plaintiff alleged a
violation of his Fourth Amendment rights and various state law causes of action including false
imprisonment, battery, assault and trespass, resulting from this entry, detention and search. The
minor alleged emotional damages and was upset as a result of this event. There were no physical
InJurIes.
The Court has been advised that Defendant City of Sumter is represented by David L.
Monison, Esquire. The Petitioner is represented by J. Christopher Mills, Esquire. It appears that

all necessary parties have been joined to this action and the Court does have jurisdiction to rule
on this matter.
The Court now has been advised by the parties that The Petitioner has negotiated with the
Defendants for the purpose of settling any and all claims, including claims for attorney's fees, of
every nature arising out of the aforementioned events, and after careful consideration, has agreed
to accept the following sums in full settlement of this action: Two Thousand-Five Hundred
Dollars ($2 ,500.00) payable to Kizzie Grant as parent and guardian of the minor 1. G., payable
from the Defendant or its insurer. The Petitioner acknowledges receipt of these funds. These
amounts shall be referred to hereinafter as "the settlement funds".
In accordance with Local Civ. Rule 17.02(C), Counsel for the Petitioner met with the
Plaintiffs in this action and did extensive research of the law and the legal claims to be raised.
Counsel obtained and reviewed the documents generated as a result of the incident which gi ves
rise to this action. Counsel then filed this action with this Court on behalf of the Petitioner and
her co-plaintiffs.

After numerous depositions and discovery had been exchanged , the Parties

began negotiations toward a settlement. Counsel believe this settlement for the Petitioner to be
fair and reasonable.
Pursuant to his contract for representation, Counsel for the Petitioner shall each receive
the sum of Five Hundred ($500 .00) Dollars (for a total of One Thousand ($1,000.00 Dollars) for
attorney' s fees from the Petitioner. Petitioner does not have any medical expenses relating to
this action .
Thus, in accordance with S.C. CODE ANN. § 62-5-433, and it further appearing that the
offers of settlement are fair , just, and equitable offers and should be approved by this Court, it is,
ORDERED, ADJUDGED, AND DECREED that Kizzie Grant, as parent and guardian
for the minor, 1. G., is hereby authorized and directed to accept the offer of compromise

settlement, and upon payment of the settlement funds to Kizzie Grant, as parent and guardian for
the minor, 1. G ., Kizzie Grant is directed to execute and deliver the Release to the Defendants,
forever discharging City of Sumter, its insurance provider, their agents, servants, employees,
former employees and their heirs, successors and assigns, and all other persons, firms,
governmental entities, and corporations of and from all claims, known or unknown, foreseen and
unforeseen damages, mental anguish, pain and suffering, violation of rights and any other
damages of any kind including attorney's fees and costs, incurred or suffered by the minor, 1.
G., and any and all other claims which Kizzie Grant, as parent, guardian and Petitioner for J. G.,
now and hereafter has as a result the damages arising out of this incident.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Kizzie Grant, as
parent, guardian and Petitioner for J. G., shall abide by all applicable laws regarding the
distribution of these assets and proceeds of these settlements.

AND IT IS SO ORDERED.

U!tld1h~South Carolina

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ATTORNEY FOR THE PLA.INT.LFFS

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if"~Parent Lega~~;d-i~
KiZZle
for minor, lG.

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David L. Morrison

7453 Inno Drive, Suite B

Columbia. South Carolina 29212
Phone: [phone]
Fax:
(803) 6(j l-6289
E-mail: [e-mail]
ATTORNEY FOR THE DEFENDANTS

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