IN THE UNITED STATES DISTRICT COURT FOR （在美国地区法院）.pdf

3:11-cv-01574-MBS Date Filed 01/03/13 Entry Number 73 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Willie James Lenard, ) ) C/A No. 3:11-1574-MBS Plaintiff, ) ) vs. ) ) OPINION AND ORDER Robert Scott, individually, and Leon Lott, ) in his official capacity as Sheriff of ) Richland County, ) ) Defendants. ) ____________________________________) On April 12, 2011, Plaintiff Willie James Lenard filed a complaint in the Court of Common Pleas for Richland County, South Carolina, alleging injuries as the result of an incident involving Richland County Deputy Sheriffs Robert Scott and David Fairbanks. Plaintiff asserted causes of action (1) pursuant to 42 U.S.C. § 1983 for lack of probable cause to arrest and use of excessive force during the arrest, in violation of his Fourth Amendment rights (First Cause of Action as to Defendant Scott); and claims under the South Carolina Tort Claims Act for (2) battery (Second Cause of Action as to Defendant Scott); (3) abuse of process (Third Cause of Action as to Defendant Scott); (4) intentional infliction of emotional distress (Fourth Cause of Action as to Defendant Scott); (5) defamation and defamation per se (Fifth Cause of Action as to Defendant Scott and Deputy Fairbanks); (6) civil conspiracy (Sixth Cause of Action as to Defendant Scott and Deputy Fairbanks); (7) malicious prosecutio