South Carolina Lawyers Weekly

A jury will decide if a prison official’s decision to pepper spray an inmate after he head-butted an officer and was lying on his back in handcuffs was “clearly necessary” to respond to a threat to officer safety or to ...

Even though the defendant-county’s failure to maintain its emails violated the Public Records Act, there is no private right to enforce the PRA. Furthermore, a public body’s failure to retain public records is not a violation of the Freedom of ...

Where a man voluntarily left a restaurant with a police officer to be patted down outside, the officer did not brandish a weapon, use restraint, accuse him of wrongdoing or make a show of authority, and thus the man failed ...

A 2005 preliminary injunction required the City of Myrtle Beach to use the same traffic patterns for both Harley Week and Black Bike Week. In this subsequent litigation, that preliminary injunction is relevant, but its probative value is outweighed by ...

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 ...