South Carolina Lawyers Weekly

Plaintiffs could not bring a claim for damages against ICE agents who allegedly violated their Fourth and Fifth Amendment rights because recognizing a Bivens remedy in this context was unwarranted given Congress’s refusal to provide such a remedy in any ...

Although a prisoner wanted to engage in “communal” feasts as part of his celebration of annual Rastafarian holy days, he provided no direct evidence to show that other inmates would join his gatherings, and thus he could not show prison ...

A parent who claimed she was improperly arrested and prosecuted for protesting the dismissal of her son from school can proceed with her civil rights claims in federal court. Because the claims sought damages against defendants, and were not an ...

A county board of elections that was tasked with enforcing a law enacted by the state was required to pay the attorneys’ fees of the plaintiffs who prevailed in an action to enjoin the enforcement of the law on the ...

While it is not excessive force, per se, for a police officer to point a taser at an unarmed suspect, there is a genuine issue of material fact as to whether it was reasonable for an officer to point a ...

Senior government officials, including the former U.S. Attorney General Eric Holder, cannot be held liable for claims they unlawfully used electronic surveillance to spy on a CBS television reporter because such conduct did not violate a clearly established right. Background ...

Officers were not entitled to qualified immunity on plaintiff’s excessive force claims where they may not have fired any shots at plaintiff’s vehicle until the vehicle had already passed them because there was no longer an immediate risk to their ...

Where an inmate claims that the Virginia DNA Statute “sets the standard for post-conviction DNA testing so high that it” violates the 14th Amendment, the district court on remand is directed properly to analyze the procedural due process claims. Background ...

Plaintiff alleges that he was denied the right to purchase a firearm when a background check, which was mandated by South Carolina law, indicated that he has a mental illness. These allegations do not relate to a public program or ...

Tagged with: ADA

In November 2013, plaintiffs were banned from school district grounds and sent a letter threatening legal action if they continued to post critical comments about school district officials on social media. Plaintiffs’ civil rights complaint was therefore untimely when it ...

Tagged with: Title IX