South Carolina Lawyers Weekly

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 ...

Because the Fourth Circuit has not expressly expanded coverage of 42 U.S.C. § 1985(3) claims to disabled persons, this court will not expand it here. Thus, plaintiff’s § 1985 claim, relating to the treatment of her disabled sister, fails as ...

A detainee’s claim against prison officials for lack of meaningful medical treatment was improperly dismissed. Although state law requires certification from a medical expert before filing a medical negligence claim in state court, that requirement does not apply in federal ...

Where detention of a male walking with an AR-15-style assault rifle was supported by reasonable suspicion, including that the same type of rifle had been used in a school shooting, he was walking toward a school, appeared to be a ...

Where a doctor was aware of an incarcerated man’s medical needs, took steps to increase the patient’s blood sugar level monitoring and explained that he chose not to prescribe insulin because he was afraid of an overdose, he was granted ...

In a case of first impression, the court joined other circuits in holding that the Health Insurance Portability and Accountability Act of 1996, or HIPAA, didn’t create a private right to sue. As such, a detainee who alleged his doctor ...