`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF SOUTH CAROLINA
`FLORENCE DIVISION
`
`Civil Action No.: 4:06-cv-1042-TLW
`
`)
`)
`)
`
`))
`
`))
`
`)
`)
`)
`)
`
`))
`
`CANDICE MICHELLE HARDWICK,
`by and through her Parents and Guardians
`DARYL LEWIS HARDWICK and
`PRISCILLA LEA HARDWICK,
`
`Plaintiff,
`
`vs.
`
`MARTHA HEYWARD in her individual
`capacity and her official capacity as
`Principal of Latta Middle School,
`
`BOARD OF TRUSTEES OF LATTA
`SCHOOL DISTRICT
`(Dillon County No. 3),
`
`)
`GEORGE H. LIEBENROOD, JR., in his
`individual capacity and his official capacity )
`as Principal of Latta High School, and the
`
`))
`
`)
`)
`
`))
`
`)
`Defendants.
`____________________________________)
`
`ORDER
`
`On December 10, 2010, the Fourth Circuit Court of Appeals issued an opinion that dismissed
`
`and remanded this case. More specifically, the Fourth Circuit stated that “[a]lthough the district
`
`court granted summary judgment on C.H.’s confederate flag clothing claims, it has not yet ruled (or
`
`been asked to rule) on her protest clothing First Amendment damages claim.” C.H ex rel. Hardwick
`
`v. Heyward, No. 09-2390, 2010 WL 5066024 (4th Cir. Dec. 10, 2010) (Doc. # 160). Thus, the
`
`Fourth Circuit characterized this Court’s summary judgment order (Doc. # 150) as a partial grant of
`
`summary judgment that is interlocutory in nature rather than a final judgment.
`
`1
`
`
`
`4:06-cv-01042-TLW Date Filed 12/22/10 Entry Number 162 Page 2 of 2
`
`In light of the Fourth Circuit’s decision, this Court directs the plaintiffs, within thirty (30)
`
`days from the filing date of this Order, to file a memorandum in support of their position in relation
`
`to the claim(s) remanded back to this Court by the Fourth Circuit, specifically addressing the protest
`
`clothing First Amendment claim. The defendants shall then have twenty (20) days to respond to the
`
`plaintiffs’ memorandum.
`
`IT IS SO ORDERED.
`
`December 22, 2010
`
`Florence, South Carolina
`
`s/Terry L. Wooten
`TERRY L. WOOTEN
`United States District Judge
`
`2
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
