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2d 604
Unpublished Disposition
The infant Allen E. emerged from what should have been routine surgery at the
Spartanburg County Regional Medical Center with permanent brain damage.
James Cheek brought this suit in federal court alleging that Allen E. received
inferior medical services in violation of his fourteenth amendment right to life,
and that he received these inferior services because of his race and economic
status, in violation of the due process and equal protection clauses of the
fourteenth amendment. After a hearing and the submission of affidavits, the
district court granted summary judgment for the defendants on the grounds that
Cheek lacked the capacity to bring this suit on behalf of the minor Allen E. The
court noted that Cheek had petitioned the South Carolina court to be appointed
guardian ad litem for the purpose of bringing claims arising out of the alleged
malpractice, that his petition had been denied, and that other counsel had been
appointed for this very purpose.
For the reasons set forth more fully in the district court's careful opinion, that
The district court properly exercised its discretion in denying the appellee's
motion for Rule 11 sanctions, and that ruling is accordingly affirmed. The
appellee's motion for Rule 11 sanctions covering the filing of this appeal is
likewise denied. The appellant's motion for attorney's fees for the appeal is
denied.