South Carolina Lawyers Weekly

Jan 2, 2020

Constitutional – North Carolina violated inmate’s due process rights

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 […]

Dec 12, 2019

Constitutional – Maryland ad disclosure law violates First Amendment

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 […]

Nov 7, 2019

Constitutional SC stopped from ending Planned Parenthood agreement

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 […]

Oct 31, 2019

Constitutional Excessive Force – Qualified Immunity – Takedown of Student – Tort/Negligence

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 […]

Sep 12, 2019

Constitutional Search & Seizure – Civil Rights – False Arrest & Excessive Force Claims

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 […]

Sep 5, 2019

Constitutional Prisoner is entitled to video evidence of prison incident

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 […]

Jul 25, 2019

Constitutional ‘Habitual drunkard’ suit reinstated

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 […]

Jul 25, 2019

Constitutional Denial of voter list to out-of-state resident can be challenged

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 […]

Jul 25, 2019

Criminal Practice PCR – Constitutional – Ineffective Assistance – Alibi Defense

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 […]

Jul 18, 2019

Constitutional Gag clause in settlement agreement violates First Amendment

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 […]

Jul 18, 2019

Constitutional Emoluments suit against President Trump dismissed

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, […]

Jul 18, 2019

Constitutional Maryland and DC lack standing to sue president in emoluments suit

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 […]