South Carolina Lawyers Weekly

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 ...

A ruling could not be made at this stage on whether the Baltimore police use of a cell site simulator constituted a warrantless search in violation of the Fourth Amendment. The case was remanded for information about the device and ...

Although two stores suffered property damage while law enforcement was executing search warrants, the damage did not rise to the level of a Fourth Amendment violation because it was not “major” and was plausibly connected to the execution of the ...

Where the trial court’s finding that a defendant encouraged a hospital patient to attack the plaintiff was based on its credibility determination of the witnesses, it was affirmed. But where the doctor’s decision regarding treatment was based on his professional ...

Officers sued for wrongful arrest in a case involving employee theft at a Walmart were correctly denied qualified immunity because the record did not provide an objectively reasonable belief in the probable cause required to justify an arrest. Background In ...

S.C. Code Ann. § 12-60-80(C) of the Revenue Procedures Act plainly states that the Department of Revenue “may not be named or made a defendant in any … class action brought in this State.” We reject the circuit court’s ruling ...

Where an appellant brought a qui tam action pro se, the court joined other circuits in holding a relator cannot bring a pro se qui tam action under the False Claims Act, or FCA, because the federal government could be ...

Two servicemembers discharged after the Air Force determined that HIV made them unfit for service were granted a preliminary injunction because they were likely to show the government violated the Administrative Procedure Act, or APA; that they would suffer irreparable ...

Where police shot at a man 29 times in his dwelling after officers armed with assault rifles entered the home with a warrant to search for drugs and failed to identify themselves as police, the facts showed an officer’s use of ...