South Carolina Lawyers Weekly

Where the inmate plausibly suggested he was placed in administrative segregation for impermissible reasons the day after he accused a correction officer of sexual assault and argued his segregation was arbitrary, it was improper to grant summary judgment to the ...

Where a police officer who was no longer responding to an emergency but continued to drive on a dark, curved road at nearly twice the speed limit without emergency lights or siren when he struck another vehicle, causing severe orthopedic ...

Where the police had a reasonable belief that the plaintiff posed a danger to herself and others, they were entitled to qualified immunity against claims arising from her detention for a mental health evaluation. Background Kerrin Barrett brought this action ...

Where an inmate whose prison release was delayed brought a suit claiming Eighth Amendment violations, two attorneys with the South Carolina Department of Corrections, or SCDC, acted reasonably in interpreting a state statute regarding calculation of the inmate’s work and ...

A jury will decide if a police officer’s arrest of a 62-year-old man for congregating on the sidewalk and maintaining the charge for three years before dropping it before trial, together with other circumstantial evidence, support a claim for malicious ...

An individual who suffers from mental illness, and who has been under the care of Virginia for over 20 years, adequately alleged his due process right when he received inadequate notice of the basis for revoking his suspended sentence, Virginia ...

Where an inmate with a medical condition had performed various prison jobs, he successfully alleged facts showing that after he was hospitalized for a short time, prison officials regarded him as disabled and as a consequence, he could not participate ...

Where the record showed the confinement conditions were severe in comparison to those that exist in general population; that the inmate’s segregation status may have had collateral consequences relating to the length of his sentence and the segregation was for ...

A pro se prisoner’s claim that his rights were violated was supported by the failure of prison officials to explain the need to check his mail for contraband outside of his presence. Because the infringement of his First Amendment rights ...

A reasonable jury could find a black homeless man who had been stopped for walking alongside, instead of on, the sidewalk, and who was shot 22 times by West Virginia police officers had been secured, or at a minimum was ...