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Miller v. Berkeley County Sheriff's Office

United States District Court, D. South Carolina, Beaufort Division

June 30, 2016

Joseph L. Miller, III, as personal representative of the estate of Evelyn C. Manigault Miller, Plaintiff,
v.
Berkeley County Sheriff's Office, PFC Jerry Speissegger, officially and individually; AFC Ashe, officially and individually; John Doe(s), officially and individually; Clifford L. McElvogue, officially and individually; H. Wayne DeWitt, officially and individually; Dana Sports, officially and individually; Monica Bracewell, officially and individually; Paul Jones, officially and individually; Kim Morrison, officially and individually; Defendants. Berkeley County Sheriff's Office; Jerry Speissegger, Jr.; Allen Ashe; Clifford L. McElvogue; H. Wayne DeWitt; Randy Cannon; Duane Wells; Dana Sports; Monica Bracewell; Paul Jones; and Kim Morrison, Third-Party Plaintiffs,
v.
Southern Health Partners, Inc.; Charles A. Bush, M.D.; Thomas P. Brannigan, LPN; Heather Varnadore, LPN; Nina Cruz, LPN; and Courtney Bowman, LPN, Third-Party Defendants.

          Berkeley County Sheriff's Office, ThirdParty Plaintiff, represented by Amanda Kurzen Dudgeon, Chandler and Dudgeon & Eugene Patrick Corrigan, III, Corrigan and Chandler.

          Clifford L McElvogue, ThirdParty Plaintiff, represented by Amanda Kurzen Dudgeon, Chandler and Dudgeon & Eugene Patrick Corrigan, III, Corrigan and Chandler.

          Monica Bracewell, ThirdParty Plaintiff, represented by Amanda Kurzen Dudgeon, Chandler and Dudgeon & Eugene Patrick Corrigan, III, Corrigan and Chandler.

          PFC Jerry Speissegger, Jr, ThirdParty Plaintiff, represented by Amanda Kurzen Dudgeon, Chandler and Dudgeon & Eugene Patrick Corrigan, III, Corrigan and Chandler.

          Randy Cannon, ThirdParty Plaintiff, represented by Amanda Kurzen Dudgeon, Chandler and Dudgeon & Eugene Patrick Corrigan, III, Corrigan and Chandler.

          Dana Sports, ThirdParty Plaintiff, represented by Amanda Kurzen Dudgeon, Chandler and Dudgeon & Eugene Patrick Corrigan, III, Corrigan and Chandler.

          Duane Wells, ThirdParty Plaintiff, represented by Amanda Kurzen Dudgeon, Chandler and Dudgeon & Eugene Patrick Corrigan, III, Corrigan and Chandler.

          PFC Ashe, ThirdParty Plaintiff, represented by Amanda Kurzen Dudgeon, Chandler and Dudgeon & Eugene Patrick Corrigan, III, Corrigan and Chandler.

          H Wayne DeWitt, ThirdParty Plaintiff, represented by Amanda Kurzen Dudgeon, Chandler and Dudgeon & Eugene Patrick Corrigan, III, Corrigan and Chandler.

          Paul Jones, ThirdParty Plaintiff, represented by Amanda Kurzen Dudgeon, Chandler and Dudgeon & Eugene Patrick Corrigan, III, Corrigan and Chandler.

          Kim Morrison, ThirdParty Plaintiff, represented by Amanda Kurzen Dudgeon, Chandler and Dudgeon & Eugene Patrick Corrigan, III, Corrigan and Chandler.

          REPORT AND RECOMMENDATION

          BRISTOW MARCHANT, Magistrate Judge.

         This action was originally filed by the Plaintiff in the South Carolina Court of Common Pleas, Berkeley County. Plaintiff's original Complaint included a federal claim under 42 U.S.C. § 1983, as well as two state law causes of action. The Defendants removed this matter to Federal Court on July 31, 2015, asserting federal question jurisdiction. See 28 U.S.C. § § 1331, 1343 and 1441.

         On December 14, 2015, an Order was entered approving settlement as to the Defendant Southern Health Partners, Inc., and dismissing Defendants Bush, Varnadore, Cruz, Bowman, and Brannigan. See Court Docket No. 34. Plaintiff thereafter filed an Amended Complaint on February 3, 2016, to which the Defendants filed an answer which also asserted thirdparty claims. Thereafter, another Order approving settlement was entered by the Court on May 26, 2016, approving settlement between the Plaintiff and all remaining Defendants and dismissing with prejudice Plaintiff's claims against the remaining Defendants. See Court Docket No. 66. As a result of this second Order, the case was closed. However, an amended Order approving settlement was subsequently entered on June 9, 2016, which noted, inter alia, that the settlement did not impact the continuation of the third party action filed by the Defendants Berkeley County Sheriff Department, Speissegger, Ashe, John Doe(s), McElvogue, ...


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