South Carolina Lawyers Weekly

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 ...

Where a man who was wrongfully incarcerated for three years for an alleged murder introduced evidence from which a reasonable jury could conclude a Baltimore homicide detective withheld exculpatory evidence from the prosecutor, the $15 million verdict was affirmed. Background ...

When police arrested plaintiff’s adult daughter, they did not act recklessly or with deliberate indifference when they left plaintiff alone after purportedly being told that plaintiff suffered from dementia. Negligence and gross negligence are insufficient to support a claim under ...

Where the government used a flawed analysis to convict the owner of a chain of pharmacies of Medicaid fraud, and he sued the prosecutor for fabricating evidence used at trial, the prosecutor was shielded by absolute immunity because she was ...

Where a former student sued a Virginia State University administrator for alleged due process violations in connection with a student discipline proceeding, the administrator was entitled to qualified immunity because there was no clearly established right to continued enrollment in ...