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eBook details

• Title: Johnson v. Saif Corp.
• Author : South Carolina Supreme Court
• Release Date : January 19, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 80 KB

Description

Plaintiff initiated this action under 42 USC section 1983 against SAIF Corporation (SAIF) and its president and chief executive officer, Rocklin (collectively, defendants). He alleges that defendants deprived him of his right to due process under the Fourteenth Amendment to the United States Constitution by terminating his permanent total disability (PTD) benefits without a pretermination hearing. He seeks both damages and an injunction compelling defendants to provide him with a pretermination hearing. Defendants moved for summary judgment on the ground that, among other things, defendants are not "persons" who are subject to suit under 42 USC section 1983. Plaintiff filed a cross-motion for summary judgment on the merits of his claims. The trial court granted summary judgment in favor of defendants, denied plaintiffs cross-motion, and entered judgment dismissing plaintiffs claims. Plaintiff now appeals, arguing that the trial court erred in entering summary judgment dismissing his claims and in denying his cross-motion for summary judgment on the merits.

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