Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Doe v. Horry County

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

July 2, 2018

Jane Doe-4, Plaintiff,
v.
Horry County, South Carolina, Horry County Police Department, Saundra Rhodes, Scott Rutherford, William Squires, and Dale Buchanan, Defendants.

          OPINION AND ORDER

          A. Marvin Quattlebaum, Jr., United States District Judge

         This matter comes before the Court on the Motion for Summary Judgment filed by Defendants Horry County and Horry County Police Department (collectively “Defendants”) pursuant Federal Rule of Civil Procedure 56. (ECF No. 38.) The matter has been fully briefed, and the Court heard argument from counsel on May 21, 2015. For the following reasons, the Court hereby grants in part and denies in part Defendants' Motion for Summary Judgment.

         PROCEDURAL BACKGROUND

         Plaintiff Jane Doe-4 (“Plaintiff”) filed this action on August 15, 2016, in the Horry County Court of Common Pleas. (ECF No. 1-1.) The case was removed to this Court on September 16, 2016. (ECF No. 1.) Generally, Plaintiff's complaint alleges causes of action against Horry County, the Horry County Police Department (“HCPD”) and multiple individually named defendants alleging negligence/gross negligence related to the alleged actions of former HCPD Detective Troy Allen Large (“Detective Large”) and 42 U.S.C. § 1983 claims against the individually named defendants. (ECF No. 1-1.) Plaintiff's complaint alleges a single cause of action against Defendants alleging negligence/gross negligence in the following particulars:

a. In failing to exercise reasonable or slight care to protect Plaintiff from harm at the hands of its personnel, agents, officers, and/or employees;
b. In failing to exercise reasonable or slight care to properly train and/or supervise its personnel, agents, officers, and/or employees;
c. In failing to exercise reasonable or slight care to draft and/or institute proper policy and procedure with regard to the hiring and evaluation of its police officers;
d. In failing to exercise reasonable or slight care to draft and/or institute proper policy and procedure necessary to ensure that members of the public are safe and protected from physical abuse and threatening behavior;
e. In failing to exercise reasonable or slight care to draft and/or institute proper policy and procedure that would lead to the discovery of inappropriate, threatening actions by its employees and prevent the same from occurring;
f. In failing to exercise reasonable or slight care to make periodic and proper investigations and take remedial action as might be necessary to prevent inappropriate and/or threatening actions;
g. In failing to exercise reasonable or slight care to take appropriate time to follow-up, review and/or check compliance with policy, state law and/or existing orders;
h. In failing to exercise reasonable or slight care to take steps necessary to remove, fire and/or terminate the services of staff and/or personnel, including Detective Large, when they had actual and/or constructive notice of his propensities;
i. In failing to exercise reasonable or slight care to properly supervise Detective Large;
j. In failing to exercise reasonable or slight care to provide Plaintiff with proper protection from abuse (both physical and mental) at the hands of their police officer when it had notice of their officer's propensities towards inappropriate and/or abusive behavior;
k. In conducting themselves in an egregious and arbitrary manner;
l. In threatening, physically assaulting and/or abusing ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.