Slusser v. United States

Summary

The United States District Court for the District of South Carolina denied Larry Michael Slusser’s motion to reinstate previously dismissed defendants. The court granted the United States’ renewed motion for summary judgment on Slusser’s Federal Tort Claims Act negligence claim, concluding that he had not shown evidence that prison staff had actual or constructive knowledge of a dangerous condition.

Holdings

1. The mandate rule barred Slusser from relitigating the dismissal of c/o Morales and Dr. Anthony Timms because the earlier order was not properly appealed and the issues were not within the appellate mandate.
2. Slusser was not entitled to reconsideration or relief from the prior order under Rule 60(b).
3. Summary judgment for the United States was proper because Slusser failed to produce evidence that a dangerous condition existed, how long it existed, or that c/o Morales had actual or constructive knowledge of it.

Questions Presented

1. Whether Slusser could reinstate defendants previously dismissed from the action after an earlier appeal and remand.
2. Whether relief from the prior dismissal was warranted under Federal Rule of Civil Procedure 60(b).
3. Whether summary judgment was proper on Slusser's Federal Tort Claims Act negligence claim where he lacked evidence that a dangerous condition existed or that c/o Morales had actual or constructive knowledge of it.

Disposition

other