South Carolina Lawyers Weekly

Where the Medicaid Act’s free-choice-of provider provision creates a private right enforceable under 42 U.S.C. § 1983 and the Medicaid recipient established she would suffer irreparable harm in the absence of a preliminary injunction, South Carolina was stopped from terminating ...

Viewing the facts in the light most favorable to plaintiff, when a 16-year-old special-needs student disrupted class but refused to leave her desk, the school resource officer used excessive force by using a “takedown maneuver” to flip plaintiff backwards out ...

A police officer is not entitled to summary judgment on plaintiff’s claim that her Fourth Amendment rights were violated when the officer—acting on a 911 caller’s tip regarding “suspicious” but not illegal behavior—arrested plaintiff. The court grants defendants’ motion for ...

Where the testimony of an inmate and a prison official differed over what took place after officers ordered inmates to stay in their cubicles, the inmate is entitled to potentially exculpatory video evidence of the incident unless the government establishes ...

The majority found the term “habitual drunkard,” as used in the Virginia statute that makes it a criminal offense for persons deemed habitual drunks to buy or consume alcohol, was unconstitutionally vague and could violate the Eighth Amendment. Background Homeless ...

An out-of-state citizen could bring a constitutional challenge against a statute that limited copies of the state’s registered voter list to state residents because the list was closely connected to political speech and the statute imposes both content- and speaker-based ...

Petitioner’s alibi witness did not testify at his post-conviction relief hearing. Nevertheless, at petitioner’s trial, the witness testified that she had dropped petitioner off at an Atlanta bus stop on the morning of the 12:20 bank robbery in North Augusta ...

Parties who entered into settlement agreements with the city of Baltimore arising out of alleged police misconduct will no longer be bound by a gag clause routinely included in those agreements after the court held the clause was unenforceable and ...

After holding it had jurisdiction to entertain President Trump’s appeal from the district court’s decision “effectively” denying his immunity motion to dismiss, the court never reached the immunity question and, instead, held that Maryland and the District of Columbia lacked ...

President Trump will no longer face a suit brought by Maryland and the District of Columbia over his alleged violation of the Emoluments clause after the court granted the president’s petition for writ of mandamus and concluded the plaintiffs lacked ...