Botten v. Charleston County EMS et al, No. 2:2023cv05064 - Document 26 (D.S.C. 2024)

Court Description: ORDER granting 6 Motion to Dismiss for Failure to State a Claim; granting 9 Motion to Dismiss for Failure to State a Claim; and denying 22 Motion to Amend/Correct. Signed by the Honorable David C. Norton on March 14, 2024. (estr, )

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Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION in his individual ORDER capacity I. BACKGROUND Botten v. Charleston County EMS et al Doc. 26 II. STANDARD A. Motions to Dismiss B. Motion to Amend Complaint III. DISCUSSION A. Motions to Dismiss 1. Botten’s Federal Due Process Claim 2. Botten’s Common Law Claims a. The SCTCA Applies to Botten’s Tort Claims b. The SCTCA’s Statute of Limitations Bars Botten’s Tort Claims B. Botten’s Motion to Amend IV. CONCLUSION GRANTS GRANTS DENIES DISMISSES AND IT IS SO ORDERED. DAVID C. NORTON UNITED STATES DISTRICT JUDGE March 14, 2024 Charleston, South Carolina

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