Legal Opinion
Stewart v. Beaufort County
District Court, D. South Carolina
Decided February 6, 2007No. C.A. 9:06-0624-PMDPublishedCited by 7 opinions
1Opinion of the Court
ORDER
PATRICK MICHAEL DUFFY, District Judge.
This matter is before the court on Defendants’ Motion for Summary Judgment. Plaintiff Robert Stewart (“Stewart”) has filed a timely response to this Motion. For the following reasons, the court denies Defendants’ Motion. However, because a federal court has no jurisdiction to hear a state law cause of action against the State of South Carolina, the court remands to state court the tort cause of action asserted against the Beaufort County Sheriffs Department. The court further orders that this matter is stayed until Stewart’s pending criminal charges…
2Cases cited46 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- West v. AtkinsSupreme Court of the United States · 1988
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3Cited by7 opinions
- Curry v. South CarolinaDistrict Court, D. South Carolina · 2007
- Beaufort, Sr. v. ThompsonDistrict Court, D. South Carolina · 2021
- Ellerbe v. CookDistrict Court, D. South Carolina · 2020
- Goins v. JenkinsDistrict Court, D. South Carolina · 2024
- Simmons v. Charleston County Sheriff's OfficeDistrict Court, D. South Carolina · 2019
2 more not listed; retrieve them via the Exa API.