(DOWNLOAD) "Revene V. Charles County Commissioners" by United States Court of Appeals for the Fourth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Revene V. Charles County Commissioners
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 14, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Monica Revene, as personal representative of her deceased husband's estate, appeals from the district court's dismissal of her action under Fed.R.Civ.P. 12(b)(6). The action, brought under 42 U.S.C. § 1983, alleged various federal and pendent state law claims in connection with the shooting death of her husband by an off-duty, Charles County, Maryland, deputy sheriff. Her complaint named as defendants the deputy sheriff, the Charles County Commissioners, the Sheriff and "Office of Sheriff." Relying on various, alternative grounds, the district court granted the defendants' motion to dismiss the action as to all defendants. We hold that the dismissal was proper with respect to the § 1983 claims against the Commissioners, the County Sheriff and the "Office of Sheriff," but that it was error to dismiss the § 1983 claim and the pendent state-law tort claim against the deputy sheriff in his individual capacity. We also hold that the order dismissing the pendent state-law claims against the Sheriff and the County Commissioners should have been entered without prejudice.
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