Boyd v. Greenville County Sheriff's Department et al

Filing 21

CONSENT ORDER granting 18 Motion to Dismiss plaintiff's second, third, fourth, and fifth causes of action with prejudice. With the exception of an excessive force claim against David William Weiner for his action on De cember 10, 2008, all other claims set forth in the plaintiff's Complaint are dismissed with prejudice and all other defendants, with the exception of Defendant David William Weiner, are dismissed with prejudice. Signed by Honorable Timothy M Cain on 10/9/2012.(gpre, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
David Stevenson Boyd, II,

Case No.: 6:12-cv-01039-TMC
Plaintiff,

v.
CONSENT ORDER
Greenville County Sheriff’s Department,
Greenville County, David William Weiner, and
John Does #1 – 5,
Defendants.

This matter comes before me upon motion of the defendant. I find based upon the
consent of the parties hereto, that the plaintiff=s second, third, fourth, and fifth causes of
action are hereby dismissed with prejudice.

I further find that with respect to the

plaintiff=s first cause of action that the parties consent to dismiss with prejudice any claims
against the Greenville County Detention Center and Greenville County as well as any
claims arising out of the incarceration of the plaintiff at the Greenville County Detention
Center. I further find that the parties consent to dismiss all defendants with prejudice
except Defendant David William Weiner.
The only claim the plaintiff is asserting in this action is a claim against Defendant
David William Weiner for excessive force relating to the plaintiff=s arrest on December 10,
2008. All other claims set forth in the plaintiff=s Complaint are dismissed with prejudice,
and all defendants except Defendant David William Weiner are also dismissed with
prejudice.

Therefore, based upon the consent of the parties, it is ORDERED, ADJUDGED,
AND DECREED that the plaintiff=s second, third, fourth, and fifth causes of action are
dismissed with prejudice.
It is further ORDERED, ADJUDGED, AND DECREED that with the exception of
an excessive force claim against David William Weiner for his action on December 10,
2008, all other claims set forth in the plaintiff=s Complaint are dismissed with prejudice and
all other defendants, with the exception of Defendant David William Weiner, are
dismissed form this action with prejudice.
IT IS SO ORDERED.

s/Timothy M. Cain
Timothy M. Cain
UNITED STATES DISTRICT JUDGE
October 9, 2012
WE CONSENT:
THE CAMDEN LAW FIRM, PA
s/Robert J. Butcher
Robert J. Butcher, U.S.D.C. #9767
Deborah J. Butcher, U.S.D.C. #10731
Attorneys for Plaintiff
1029 Broad Street
Camden, South Carolina 29020
Post Office Box 610
Camden, South Carolina 29021
Telephone: [phone]
Facsimile: 803.432.7466

s/Russell W. Harter, Jr.
Russell W. Harter, Jr., Fed ID #1753
Chapman, Harter & Groves, P.A.
1012 East Washington Street (29601)
Post Office Box 10224
Greenville, South Carolina 29603
864/233-4500 [Telephone]
864/232-1710 [Facsimile]
[e-mail]
ATTORNEY FOR DEFENDANTS