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Civil Rights – FOIA Request – Charitable Organization – State Involvement – Private Schools – Exceptional Children
The South Carolina Educational Credit for Exceptional Needs Children Fund was set up by the General Assembly, and our Department of Revenue is minimally involved in operating the Fund. However, the money in the Fund comes from private sources and is distributed as scholarships for children with exceptional needs. The Fund is not a public […]
Civil Rights – Civil Practice – Statute of Limitations – General vs. Specific Statute
In a case arising out of a school resource officer’s sexual relationship with the plaintiff-student, S.C. Code Ann. § 15-3-555 would have set the statute of limitations at six years after plaintiff turned 21. However, plaintiff brought her claim under 42 U.S.C. § 1983, and the limitation period for such a claim is borrowed from […]
Civil Rights – University Student Expulsion – Sexual Harassment Claim – Procedural Due Process
Plaintiff was expelled from defendant The Citadel for alleged sexual misconduct against a female cadet, “Roe.” Even if The Citadel’s treatment of plaintiff in the Title IX process was improper, he did not allege facts demonstrating that his sex was the but-for cause of any mistreatment. Plaintiff contends that The Citadel displayed a so-called “‘Believe […]
Civil Rights – Insurance – Covenants Not to Execute – Prisons & Jails
Although an Insurance Reserve Fund (IRF) policy and S.C. Code Ann. § 1-11-460 functioned to indemnify the defendant-corrections officers for the amounts they were liable to pay pursuant to a judgment for plaintiff, since plaintiff released the defendants from all liability, the IRF and the State Fiscal Accountability Authority were likewise no longer able to […]
Civil Rights – Domestic Violence Arrest – Probable Cause – ‘Omitted’ Facts
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 magistrate’s office, and asked a fellow officer to present his findings to a magistrate the […]
Civil Rights – Adoption – Abusive Parents – Private Agency – Delegation of State Duty
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 security. When the state contracted with the defendant-private adoption agency to place plaintiff, the state’s […]
Civil Rights – Search & Seizure – Arrest Warrant – Probable Cause – Security Footage
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 to steal tobacco products. While police were on the scene, the store manager discovered and […]
Civil Rights – False Arrest – Probable Cause – Child Abuse – Acquittal
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 by the examining medical personnel” and that, when he threw the baby, E.W.’s mother “heard […]
Civil Rights – Assault & Battery Arrest – Probable Cause – Conflicting Stories
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 with the complainant. We affirm summary judgment for the officer on plaintiff’s federal claims. However, […]
Civil Rights – Student’s First Amendment suit reinstated
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 communicates controversial or upsetting ideas. Background Jonathan Starbuck brought this 42 U.S.C. § 1983 action […]
Civil Rights – Setting aside of jury verdict was error
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 were in conflict and ordering a new trial. Background Jason R. Jordan, a detainee in […]
Civil Rights – Jury to decide if fatal shooting was warranted
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 the back, the officer wasn’t entitled to qualified immunity on summary judgment. Background Spencer Lee […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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