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Criminal Practice – Prisons & Jails — Habeas Corpus – ‘Good Time’ Credits — Custody Grade
Waddell v. Dep’t of Correction A North Carolina prisoner whose 1975 death sentence was commuted to life in prison loses his challenge to the state’s application of “good time” credits to allegedly extend his sentence beyond his effective release date; the 4th Circuit upholds the district court decision that the prisoner’s habeas petition...
Prisons & Jails – Constitutional – Pretrial Detainee – Suicide – Deliberate Indifference Claim
Millmine v. Harris In the light most favorable to plaintiff, the evidence and permissible inferences indicate that the defendant-correctional officers knew that plaintiff’s decedent was on suicide watch and had been prohibited from having any potentially dangerous materials – such as tearable fabric...
Prisons & Jails – Civil Rights – Religion – Beard Policy – Health & Security Concerns
Couch v. Jabe Virginia prison officials failed to show how allowing a Sunni Muslim inmate to wear a one-eighth-inch beard would implicate prison health or security concerns, and the 4th Circuit vacates summary judgment for defendant officials in the inmate’s suit under the Religious Land Use and Institutionalized Persons Act.
Labor & Employment – Public Employees – Prisons & Jails – Reduction-in-Force – Creation & Implementation – Recall Right – Teachers’ Pay Schedule
Bell v. South Carolina Department of Corrections Although the Department of Corrections was not required to consult with the Palmetto Unified School District (which serves correctional facilities) when budget cuts prompted the DOC to develop a reduction-in-force plan, the implementation of the RIF violated the petitioner-teachers’ rights when they were denied the right to be recalled fo[...]
Civil Rights – Prisons & Jails – ‘Three-Strikes’ Prisoner – Frequent Filings – State-Court Remand
Lisenby v. Lear A federal district court could not remand to state court a prisoner’s pro se filing based in part of plaintiff’s status as a “three-strikes” prisoner due to his frequent legal filings, and the 4th Circuit reverses the remand order and reinstates plaintiff’s complaint for further proceedings.
Prisons & Jails – Civil Rights – Constitutional – Eighth Amendment
Moore v. Laurens County Plaintiff brings his Eighth Amendment claim against the defendant Department of Corrections (DOC) under 42 U.S.C. § 1983; however, as an administrative agency of the State of South Carolina, DOC does not qualify as a person subject to suit under ¤ 1983. Plaintiff’s federal claims are dismissed with prejudice. The court declines to exercise jurisdiction over [...]
Prisons & Jails – Civil Rights – ADA – Crutches Withheld – SCTCA
Moore v. Laurens County Where the defendant-county asserts that the county jail prohibited plaintiff from using his crutches only because the crutches were a potential weapon, and where plaintiff does not allege the jail prohibited his use of crutches on the basis of his disability, plaintiff has not made out a claim under the Americans with Disabilities Act. The court grants the count[...]
Tort/Negligence – Civil Conspiracy – SCTCA – Labor & Employment – Public Employees – Prisons & Jails
Pridgen v. Ward. Plaintiff's evidence allowed a jury to conclude that defendants - a group of S.C. Department of Corrections (SCDC) employees - conspired and violated SCDOC policy in order to have plaintiff fired from his position with SCDOC. We affirm the . . .
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- Court cases add new twists to legal language
- It’s all business, especially the busyness
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
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