South Carolina Lawyers Weekly

Where a prisoner on the autism spectrum was placed in solitary confinement without stimulation for extended periods of time in 2014 and 2015, prison officials were entitled to immunity against his suit because the law holding that the prison’s practice ...

Where the NAACP’s Enumeration Clause challenge to the “methods and means” to be used in the 2020 census was ripe by the time it sought leave to reintroduce the claims in February 2019, the district court’s contrary conclusion was legal ...

Where a prison disciplinary proceeding that resulted in the revocation of 20 days of an inmate’s “good-time” credits contained no probative evidence to support his conviction, his due process rights were violated, requiring that his good-time credits be restored. Background ...

Where a Maryland law requires newspapers and other media platforms to publish certain information about the political ads they carry and retain that information for inspection, the law violates the First Amendment under either strict or exacting scrutiny. Background A ...

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 ...