Bianca Best v. Sam Richardson, Sheriff of Dorchester County, in his individual and official capacity, Clayton Killion and Marc Mood, Deputies with the Dorchester County Sheriff's Office, in their individual and official capacities, Dorchester County Sheriff's Office, Dorchester County

Summary

The United States District Court for the District of South Carolina adopts the Magistrate Judge’s Report and Recommendation concerning defendants’ motion to dismiss. The court dismisses specified official-capacity, South Carolina Tort Claims Act, and supervisory-liability claims, while allowing the individual-capacity § 1983 claims against Deputies Killion and Mood and related state common-law claims to proceed; Plaintiff may seek leave to amend claims against Sheriff Richardson.

Holdings

1. The district court adopted the magistrate judge's Report and Recommendation after applying de novo review to the portions specifically objected to and clear-error review to the unobjected portions.
2. The complaint, as presently pleaded, failed to plausibly state claims against Sheriff Richardson for supervisory liability or failure to train, so those individual-capacity § 1983 claims were dismissed, with leave to amend.
3. The § 1983 claims against Dorchester County, the Dorchester County Sheriff's Office, and Richardson, Killion, and Mood in their official capacities were dismissed as barred by the Eleventh Amendment.
4. The SCTCA negligence and gross-negligence claims against Killion, Mood, and Richardson in their individual capacities were dismissed because claims falling within the SCTCA must be brought against the agency or political subdivision rather than the individual employees.
5. The motion to dismiss was denied as to Plaintiff's state common law claims for assault, battery, and intentional infliction of emotional distress against Killion and Mood; those claims proceed.

Questions Presented

1. Whether the magistrate judge's recommendation to dismiss § 1983 claims against Dorchester County, the Dorchester County Sheriff's Office, and the defendants in their official capacities should be adopted as barred by Eleventh Amendment immunity.
2. Whether South Carolina Tort Claims Act negligence and gross-negligence claims against the individual defendants should be dismissed because such claims must be brought against the governmental agency or political subdivision.
3. Whether Plaintiff's complaint plausibly stated § 1983 individual-capacity claims against Sheriff Richardson based on supervisory liability or failure to train.
4. Whether Plaintiff's common law assault, battery, and intentional infliction of emotional distress claims against Deputies Killion and Mood should proceed.

Disposition

other