A Clinton man whose blood alcohol level was well below the legal limit when a police officer charged him with drunk driving has confidentially settled his malicious prosecution and false imprisonment suit against the Mauldin Police Department for an ...

Tagged with: Malicious Prosecution

  A plaintiff may not bring a malicious prosecution claim over a lis pendens filing until it secures a favorable ruling in the underlying dispute, the South Carolina Court of Appeals has ruled in a case of first impression. River ...

Tagged with: Malicious Prosecution

Scott v. City of Camden (Lawyers Weekly No. 002-201-17, 11 pp.) (Cameron McGowan Currie, S.J.) 3:17-cv-00602; D.S.C. Holding: Plaintiff’s claims of malicious prosecution and prosecutorial misconduct are based on her prosecution for zoning violations. However, she was convicted of the ...

Tagged with: Malicious Prosecution

What do you get when you sprinkle a little inexperience and a little malice on an impaired driving arrest and prosecution? An award of more than $200,000 for a college professor who doesn’t drink. A Richland County jury made its ...

Tagged with: false arrest Malicious Prosecution Verdicts & Settlements

A Lexington County jury has awarded a woman $1.6 million after she sued Richland County Sheriff Leon Lott over her investigation and arrest in an estate dispute three years ago.

Tagged with: Malicious Prosecution

Pallares v. Seinar (Lawyers Weekly No. 010-025-14, 14 pp.) (Donald Beatty, J.) (John Kittredge, J., concurring) (Jean Hoefer Toal, Ch.J., concurring in part & dissenting in part) Appealed from Richland County Circuit Court (L. Casey Manning, J.) S.C. S. Ct. ...

Tagged with: Malicious Prosecution

A woman whose conviction in the death of her son was overturned by the South Carolina Supreme Court is now suing a former prosecutor and a Beaufort County sheriff's investigator.

Tagged with: Malicious Prosecution

Faile v. Lancaster County Where plaintiff alleges that individual defendants, who were employed by the county and by the sheriff’s office, worked together to have him charged with disorderly conduct and harassment for the improper purpose of creating a pretext to fire him, plaintiff has stated a claim of malicious prosecution.

Tagged with: Malicious Prosecution

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.

Tagged with: Civil Rights Constitutional Fourth Amendment Malicious Prosecution Probable Cause

Merchant v. Bauer A Fairfax County police officer could not objectively and reasonably have believed plaintiff was impersonating a police officer in violation of a Virginia statute when plaintiff, a psychologist who served as deputy director of a Maryland county correctional department, had a badge in her pocket, used air quotes to refer to her county-provided “police car,” and told the officer he should show her professional courtesy; the 4th Circuit upholds a denial of qualified immunity to the officer.

Tagged with: Civil Rights Impersonating a Police Officer Malicious Prosecution Qualified Immunity