South Carolina Lawyers Weekly

A parole board is not required to consider age-related mitigating characteristics of a defendant who was sentenced in 1988 when he was 17, to life with the possibility of parole. While the Supreme Court has addressed the sentencing of minors ...

Where the circuit court’s order merely granted plaintiff’s motion to enforce the parties’ settlement agreement, Rule 52(a), SCRCP, did not require the circuit court to state its findings of fact and conclusions of law. Therefore, the circuit court did not ...

A school did not violate the Establishment or Free Speech clauses by presenting an 11th-grade history unit that provided information about Islam, and tested a student’s understanding of that knowledge through a test. Background During the 2014-2015 school year, Caleigh ...

The plaintiff-county alleges the defendant-city and the South Carolina Department of Transportation, while engaged in a joint water drainage project, altered the water table, causing sinkholes to form and damaging public buildings and real property owned by the county. The ...

Plaintiffs’ First Amendment rights were not violated when a transit authority revoked their access to certain restricted property even though the revocation was made in retaliation to activities protected under the First Amendment.   Background Plaintiff David McClure is the ...

Although neither the U.S. Supreme Court nor any Circuit has addressed whether a governmental social media page constitutes a public forum, the court found aspects of the Loudon County Board Chair’s Facebook page bear the hallmarks of a public forum. ...

In rejecting the commonwealth’s challenge to a decision that a state law, which allows incumbent members of the General Assembly to dictate the method their party shall use in selecting the nominee for the office that incumbent holds, violates the ...

The district court correctly granted the motion for judgment on the pleadings filed by Montgomery County, Maryland, and the planning commission because the commercial developer had no constitutional property interest to develop its land. Background Pulte is a residential real ...

Plaintiff complains of acts by the City of Darlington’s fire marshal, police chief and individuals at the Office of Building Permits, but they didn’t sue any of these individuals; instead, they sued the mayor, the city manager, and members of ...

Tagged with: unsafe building

The defendant-school board forecasted evidence that it fired plaintiff because, after being counseled not to do so, plaintiff continued to post material on social media that defendant found inappropriate. However, plaintiff forecasted evidence (he was terminated soon after his Black ...