South Carolina Lawyers Weekly

On his last shift before a day off, the defendant-police officer responded to a domestic disturbance call, took statements from both participants, was unable to determine who was the primary aggressor, submitted his warrant applications and incident report to the ...

Tagged with: Civil Rights

Where the State of Ohio terminated the parental rights of then four-year-old plaintiff’s biological parents, the state took on an affirmative constitutional duty not to make a foster placement that was deliberately indifferent to plaintiff’s right to personal safety and ...

Tagged with: Civil Rights

At the time Officer Scott Hill sought a warrant for defendant’s arrest, Hill knew that tobacco products were kept behind the counter of a convenience store. When watching the store’s security footage, Hill saw the perpetrator climb over the counter ...

Tagged with: Civil Rights

Although plaintiff was eventually acquitted on charges that he had abused eight-week-old E.W., his only complaints about statements in the affidavit supporting the warrant for his arrest are directed at statements that his “admissions are consistent with the injuries reported ...

Tagged with: Civil Rights

Even though the arresting officer knew of the complainant’s history of aggression towards the plaintiff’s decedent, the statements of the complainant and her son gave the officer probable cause to arrest the decedent for assault and battery after her altercation ...

Tagged with: Civil Rights

Where a high school student alleged that he was suspended after expressing non-threatening factual views about a school shooting in Florida, the district court erred in dismissing his First Amendment claim. Schools cannot silence such student speech simply because it ...

Where the district court lacked insight into why the jury deadlocked on an excessive force claim brought by a detainee against a prison official, but awarded the detainee damages for his retaliation claim, it erred by assuming the two decisions ...

Where there were disputed facts over whether the decedent’s conduct provided justification for a state trooper to fire fatal shots, including that the officer claimed the man turned toward him while raising his hands, but the decedent was shot in ...

Where an inmate claimed that prison officials violated the Eighth Amendment by failing to decontaminate him in a timely manner after his exposure to pepper spray, but there was only a short delay in decontamination with no aggravating factors such ...

Where a detainee alleged that prison officials acted with deliberate indifference by delaying his receipt of medications, but none of his communications suggested that urgent intervention was required to avoid a risk of harm and there was no evidence the ...