South Carolina Lawyers Weekly

Where the trial court’s finding that a defendant encouraged a hospital patient to attack the plaintiff was based on its credibility determination of the witnesses, it was affirmed. But where the doctor’s decision regarding treatment was based on his professional ...

Officers sued for wrongful arrest in a case involving employee theft at a Walmart were correctly denied qualified immunity because the record did not provide an objectively reasonable belief in the probable cause required to justify an arrest. Background In ...

S.C. Code Ann. § 12-60-80(C) of the Revenue Procedures Act plainly states that the Department of Revenue “may not be named or made a defendant in any … class action brought in this State.” We reject the circuit court’s ruling ...

Where an appellant brought a qui tam action pro se, the court joined other circuits in holding a relator cannot bring a pro se qui tam action under the False Claims Act, or FCA, because the federal government could be ...

Two servicemembers discharged after the Air Force determined that HIV made them unfit for service were granted a preliminary injunction because they were likely to show the government violated the Administrative Procedure Act, or APA; that they would suffer irreparable ...

Where police shot at a man 29 times in his dwelling after officers armed with assault rifles entered the home with a warrant to search for drugs and failed to identify themselves as police, the facts showed an officer’s use of ...

The court rules that plaintiff’s excessive force claim fails where the circumstances of the situation immediately prior to a police officer’s use of a taser against plaintiff would have led another reasonable law enforcement officer to deploy similar force to ...

Where the evidence showed one official within the prison’s health department was aware of the plaintiff’s Hepatitis C status, lack of treatment and resulting risk of harm, and another official postponed treatment for inmates with Hepatitis C knowing it would ...

Where state and county law enforcement officers allegedly coerced a false confession out of two teenage boys with severe intellectual disabilities, the officers are not entitled to qualified immunity because they violated teenagers’ clearly established constitutional rights. Background This case ...

An officer who arrested a woman for obstruction when she attempted to shield her father-in-law’s dog from the officer who had pointed a gun, was not entitled to qualified immunity on the woman’s claims of false arrest, excessive force and ...