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Tag Archives: Civil Rights

Labor & Employment — Civil Rights — Race Discrimination Claim – Only Black Employee – Poor Relationship – Insubordination (access required)

Morrow v. Carolina Urologic Research Center, LLC (Lawyers Weekly No. 002-191-14, 23 pp.) (R. Bryan Harwell, J.) 4:13-cv-00695; D.S.C. Holding: Even though plaintiff was the defendant-employer’s only black employee, the employer gave legitimate, non-discriminatory reasons for firing plaintiff, i.e. she ...

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Civil Rights – Age Discrimination – Race Discrimination – Wrongful Termination – Breach of Contract – Motion to Compel Arbitration (access required)

Cox v. Assisted Living Concepts, Inc. (Lawyers Weekly No. 002-072-14, 13 pp.) (J. Michelle Childs, J.) 6:13-cv-00747; D.S.C. Holding: Plaintiff medical technician failed to show that her employee relationship with her defendant employer does not meet the prerequisites for arbitration. ...

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Domestic Relations – Adoption – Foster Parents – Civil Practice – Standing – Judicial Review (access required)

Youngblood v. South Carolina Department of Social Services A couple who served as foster parents do not have standing to petition to adopt the child they fostered once DSS has consented to another couple’s adoption of the child. Even though S.C. Code Ann. § 63-9-310(D) requires DSS to inform a person who is denied consent to adopt “of all of his rights for judicial review of the denial,” there are no such rights.

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Civil Rights – Race Discrimination – Public Accommodation – Black Bike Week – Restaurant Closure — Civil Practice – Standing (access required)

National Association for the Advancement of Colored People, Inc. v. Molly Darcy, Inc. Although the defendant-restaurant was closed to everyone – not just African Americans – during Black Bike Week, plaintiffs allege that the restaurant’s decision to temporarily close to the public was “undertaken with racially discriminatory animus for the purpose of denying African Americans access to a place of public accommodation.” Plaintiffs have stated a claim of intentional racial discrimination.

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Civil Rights – Constitutional – Fourth Amendment – Malicious Prosecution – Arrest Warrants — Probable Cause (access required)

Williams v. Sims Although the solicitor’s office dismissed the charges against plaintiff without prejudice and returned the case to the sheriff’s office for further investigation, plaintiff has not shown that the defendant-deputy lacked probable cause to seek arrest warrants for him.

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Administrative – Medicaid – Civil Rights – ADA & Rehabilitation Act – Constitutional – Eleventh Amendment Immunity (access required)

Kobe v. Haley Plaintiffs seek a declaratory judgment that Governor Haley’s predecessor acted wrongfully to deprive them of Medicaid benefits. Such a declaration would constitute retrospective relief; hence, Governor Haley is entitled to immunity under the Eleventh Amendment.

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Civil Rights – Search & Seizure – Arrest – Probable Cause (access required)

Trapp v. Tolbert One of the perpetrators of a home invasion, Jermaine Belton, identified plaintiff as the other home invader. Although Belton changed his story at defendant’s trial, Belton’s new version of events runs counter not only to his statement to law enforcement but also to his pleading guilty under oath and affirming plaintiff’s participation in the crime.

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Elections – Civil Rights – National Voter Registration Act – Application Disclosure (access required)

Project Vote/Voting for America Inc. v. Long Virginia election officials violated the National Voter Registration Act by refusing to disclose completed voter registration applications with voters’ Social Security numbers redacted; the 4th Circuit affirms a district court decision that Section 8(i)(L) of the NVRA does apply to such applications and defendants violated the NVRA.

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