Herzog v. Horry County Council et al

Filing 104

ORDER: IT IS ORDERED that pursuant to the provisions of 28 U.S.C. § 2679(b)(2) and § 2679(d)(1), the claims set forth in Counts I (153542), II (154349), III (155059), IV (156066), V (156773), VI (157479), VII ( 1 58087), VIII (158895), and X (160713) of the Complaints are dismissed with respect to the individual Federal Defendants, on the ground that the exclusive remedy for these claims is an action against the United States and because the United States has been substituted as the sole defendant on those claims. Signed by Honorable R Bryan Harwell on 08/03/2017. (dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
THOMAS HERZOG,
Plaintiff,
v.
HORRY COUNTY COUNCIL, et al.,
Defendants.

) Civil Action No.: 4:17-cv-398-RBH-TER
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ORDER

The Court having been fully apprised that the Attorney General’s designee has certified
that the individual Federal Defendants, Eduardo Angeles, Larry Ayers, James Cline, James
Dangerfield, Randall Fiertz, Robert Giguere, Brandon Goldberg, Robert Hawks, Howard Hollis,
Daniel Jones, Daryl McMillan, Tom Moyer, Michael O’Donnell, Gary Pendleton, Herman
Smith, Kevin Willis, Thomas Winston, and Miguel Vasconcelos, were acting within the scope of
their employment at the time of the incident giving rise to this suit, and the Court having been
apprised of the substitution of the United States pursuant to the Federal Employees Liability
Reform and Tort Compensation Act of 1988 § 6, Pub. L. No. 100-694, 102 Stat. 4563 (1988), 28
U.S.C. § 2679(d)(1), it is hereby:
ORDERED that pursuant to the provisions of 28 U.S.C. § 2679(b)(2) and § 2679(d)(1),
the claims set forth in Counts I (¶¶ 1535–42), II (¶¶ 1543–49), III (¶¶ 1550–59), IV (¶¶ 1560–
66), V (¶¶ 1567–73), VI (¶¶ 1574–79), VII (¶¶ 1580–87), VIII (¶¶ 1588–95), and X (¶¶ 1607–13)
of the Complaints are dismissed with respect to the individual Federal Defendants, on the ground
that the exclusive remedy for these claims is an action against the United States and because the
United States has been substituted as the sole defendant on those claims.

August 3, 2017
Florence, South Carolina

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge

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