Since the court is allowing plaintiff to bring a disparate impact claim under the federal-sector provisions of the Age Discrimination in Employment Act, the court will also allow defendant to assert the business necessity defense. Kennedy v. Shulkin (Lawyers Weekly ...

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Plaintiff’s first two causes of action (race discrimination and retaliation) are brought under 42 U.S.C. § 1981; however, § 1981 does not provide a proper basis for a cause of action. Consequently, plaintiff’s first two causes of action fail to ...

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Plaintiff claims that his handling of an altercation with an allegedly recalcitrant high school student was permissible under the defendant-sheriff’s department policy, and he argues that the department’s termination of his employment for his handling of the situation was a ...

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Holding: As the defendant-town’s “building official,” it was plaintiff’s mandatory responsibility to enforce the provisions of the state building code by issuing a stop work order when she discovered unpermitted construction work. When the town fired her for doing so, ...

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Bordner v. Town of Atlantic Beach (Lawyers Weekly No. 002-116-17, 17 pp.) (R. Bryan Harwell, J.) 4:15-cv-05064; D.S.C. Holding: The lynchpin of plaintiff’s First Amendment claim is that, after a mass layoff, he was not rehired because defendants perceived him ...

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Chapman v. South Carolina Department of Social Services (Lawyers Weekly No. 011-029-17, 7 pp.) (Paul Short Jr., J.) App0ealed from the Administrative Law Court (Carolyn Matthews, ALJ) S.C. App. Holding: After his client was fired, a lawyer’s letter satisfied the ...

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Toney v. Lee County School District (Lawyers Weekly No. 011-013-17, 11 pp.) (James Lockemy, J.) Appealed from Lee County Circuit Court (Maité Murphy, J.) S.C. App. Holding: Although the plaintiff-teacher disobeyed a directive that she not talk to anyone about ...

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Cash v. Garner (Lawyers Weekly No. 002-219-16, 14 pp.) (Bruce Howe Hendricks, J.) 7:16-cv-00548; D.S.C. Holding: Since someone else in the defendant-school district changed the grades of the plaintiff-teacher’s students, plaintiff was not subjected to compelled speech, nor was he ...

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Grimsley v. South Carolina Law Enforcement Division (Lawyers Weekly No. 010-002-16, 8 pp.) (John Kittredge, J.) Appealed from Richland County Circuit Court (J. Ernest Kinard Jr., J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: ...

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Billioni v. Bryant (Lawyers Weekly No. 002-147-15, 22 pp.) (J. Michelle Childs, J.) 0:14-cv-03060; D.S.C. Holding: Where the defendant-sheriff is an arm of the state, and where plaintiff has not shown that the State of South Carolina has explicitly waived ...

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