South Carolina 1983 Law
Stephon Lekeith Hopskins v. Jacob A. Walters and Austin Fowler
Columbia, South Carolina personal injury lawyers represented the Plaintiff who sued on South Carolina Tort Claims Act and 42 USC 1983 civil rights violation theories<br> <br> The state case was tried to a jury, which returned a verdict in favor of the defense. As a result, the defendants in the federal action moved for summary judgment based on res judicata. ... More...
$0 (07-11-2025 - SC)E.R. v. Beaufort County School District
Beaufordt, South Carolina civil rights lawyer represented the Plaintiff who sued on a Title IX theory alleging<br> that Appellee failed to appropriately respond to her reports of sexual abuse and harassment while she was a student.<br> <br> Title IX prohibits sex discrimination by recipients of federal education funding. The statute provides that "[n]o person in the United States shall, on the bas... More...
$0 (06-13-2025 - SC)Jessica Gifford v. Horry Coounty Police Department and Saundra Rhodes
Florence, South Carolina civil rights lawyers represented the Plaintiff on South Carlina Tort Claims Act negligence and 42 U.S.C. 1983 constitutional rights violation theories.<br> <br> Jessica Gifford filed suit against the Horry County Police Department ("HCPDâ€) and Saundra Rhodes (collectively, Appellants), and several other parties with whom Gifford settled her claims prior to trial. Gif... More...
$0 (10-23-2024 - SC)<H2> Sheila Webb v. Leon Lott, et al. </H2>
Columbia, South Carolina prisoner civil rights lawyers represented Plaintiff who sued Defendants on civil rights violation theories under 42 U.S.C. 1983.<br> <table><br> <h1><br> <center><br> <a font="red" href="https://www.morelaw.com/southcarolina/news/columbia/" target="_new">MoreLaw Legal News For Columbia</a><br> </font><br> </center><br> </h1><br> </table><br> </center><br> <br> This matter ... More...
$0 (01-17-2023 - SC)Jepheth Eglin Barnes v. Spartnburg County Sheriff's Office, et al. </cener
Spartanburg, South Carolina personal injury lawyers represented Plaintiff, who sued Defendants on civil rights violation theories under 42 U.S.C. 1983 claiming her was wrongfully convicted of rape and incarcerated to 9 years.<br> <br> In 1995, a bank foreclosed on Jepheth Barnes' home due to his wife's<br> secret gambling problems and resulting nonpayment of their mortgage. 99<br> Consequently, Ba... More...
$0 (06-19-2007 - SC)Carolyn Yvonne Murphy Taylor v. City of Columbia
Columbia, South Carolina civil rights lawyer represented Plaintiff, who sued Defendant claiming that they violated her Constitutional rights under 42 U.S.C. 1983.... More...
$0 (11-10-2021 - SC)K.I. and J.E.I. v. Anderson County School District Two, et al.
Anderson/Greenwood, South Carolina personal injury lawyer represented Plaintiffs, who sued Defendants on civil rights violation theories claiming that their Constitutional Rights were violated by Defendants in violation of 42 U.S.C. 1983.<br> <br> ... More...
$0 (08-02-2021 - SC)United States of America v. James Eric Jones
<center><br> <img width="300" src="http://www.scd.uscourts.gov/Resources/Images/FLOR.gif"><br> </center><br> James Eric Jones appeals from a decision in the District of South Carolina denying his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence, which was imposed more than ten years ago in 2008. By his motion, Jones sought to be resentenced based on the contention that — in... More...
$0 (02-04-2019 - SC)UNITED STATES OF AMERICA v. JAMES ERIC JONES
<center><br> <h1><br> <p style="border:3px; border-style:solid; border-color:#FF0000; padding: 0em;"><br> <a href="https://www.morelaw.com/lawyers/recent.asp" target="_new">MoreLaw Helps People Find Lawyers</a><br> <font><br> </h1><br> </center><br> On April 10, 2007, a jury in South Carolina found Jones guilty of the federal <br> offense of possessing a firearm as a convicted felon, in violation ... More...
$0 (02-04-2019 - SC)Rebecca Groves v. Communications Workers of America and AT&T Mobility, LLC
Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, allows litigants to bring “[s]uits for violation of contracts between an employer and a labor organization” in federal district court. Usually, an employee who wants to sue his employer for a violation of a collective bargaining agreement must first exhaust the contractual remedies in that agreement. Republic Steel Corp. v. M... More...
$0 (03-04-2016 - SC)UNITED STATES OF AMERICA v. LEONARD OLIVER <table> <td>
Leonard Oliver pleaded guilty to attempt to possess with intent to distribute 500 <br> grams or more of cocaine and was sentenced to ten years in prison, the mandatory minimum <br> sentence for the offense given his criminal record. See 21 U.S.C. §§ 841(b)(1)(B), 846.1 <br> The district court entered its judgment on September 30, 2011. The following year, Oliver <br> filed a tLeonard Oliver p... More...
$0 (12-20-2017 - SC)Timothy Nelson Evans a/k/a Timothy N. Evans a/k/a Timothy Evans a/k/a Tim Evans v. State of Mississippi <table> <td>
Evidence adduced at trial revealed that in the spring of 2009, Evans moved into<br> Holling’s home as her tenant. The two previously had been romantically involved, but that<br> relationship had ceased before Evans moved in with seventy-year-old Holling. On the<br> morning of January 2, 2010, fifty-two-year-old Evans and his friend, Joe Thomas, were on<br> the way to perform a carpet-cleaning jo... More...
$0 (06-19-2017 - SC)Joshua Fay v. Total Quality Logistics, LLC <table> <td>
TQL is based in Ohio and provides motor carrier transport and related services including logistics and brokerage services. TQL offered Fay employment as a Logistics Sales Account Executive in November 2012. The offer of employment informed Fay he was "required to complete, sign, and return a TQL noncompete/non-disclosure agreement on [his] first day of employment." Fay accepted the offer of emp... More...
$0 (04-02-2017 - SC)The Right Reverend Charles G. Vonrosenberg v. The Right Reverend Mark J. Lawrence
This dispute between two clergymen — each claiming to be the Bishop of The<br> Protestant Episcopal Church in the Diocese of South Carolina — comes to us a second<br> time. Bishop Charles G. vonRosenberg initiated this action, seeking declaratory and<br> injunctive relief. He alleges that Bishop Mark J. Lawrence has violated the Lanham Act<br> by falsely advertising himself to be the Bishop of... More...
$0 (02-22-2017 - SC)<b>Louis Michael Winkler, Jr. v. State of South Carolina</b>
On the evening of the murder, Winkler kicked in the door to his estranged wife's home, knocked her son to the ground, and shot her in the face, killing her instantly. In addition to murder, Winkler was convicted of first-degree burglary and assault and battery of a high and aggravated nature. We described the specific facts of the crimes in our opinion affirming the convictions and death sentenc... More...
$0 (11-23-2016 - SC)Jomer Hill v. State of South Carolina
In December of 2000, Kenneth Goldsmith and Clifton "Trey" Brown (Trey) were shot at a "liquor house" where locals regularly visited to buy drugs, drink alcohol, gamble, and socialize. Goldsmith died at the scene and Trey was transported to a hospital where he later died. The case became a cold case when investigators were unable to identify a suspect. Officers sought to reopen the case by seeki... More...
$0 (03-06-2016 - SC)Clifford Thompson v. State of South Carolina
From 1998 to 2000, an armed perpetrator committed six robberies of hotels in Lexington, Richland, Berkeley, and Charleston counties. During each of these robberies, the perpetrator entered the hotel, held the clerk at gunpoint, restrained the clerk with either duct tape or rope, and stole money out of the hotel safe and till. After an investigation, the police arrested Thompson for these robberie... More...
$0 (03-02-2016 - SC)Duke Energy Corporation v. South Carolina Department of Revenue
The controversy in this case arises from the South Carolina Department of Revenue's ("SCDOR") computation of Duke Energy's taxable income. Duke Energy generates and sells electricity. Because Duke Energy does business in both North Carolina and South Carolina, it must apportion its income to determine its income tax liability in South Carolina. See S.C. Code Ann. § 12-62210(B) (2014)1 ("If a ta... More...
$0 (02-19-2016 - SC)Stephens v. CSX Transportation
CSX maintains a railroad track in Hampton County, which passes through the town of Yemassee. At issue in this case is the passive-grade crossing at Hill Road near state Highway 68. The crossing has no active traffic-control devices such as lights or gates. Vehicle traffic is controlled by a stop sign, a stop line, and a cross-buck that is similar to a "Yield" sign as it is an X-shaped sign with t... More...
$0 (11-06-2015 - SC)Robert Cahaly v. Paul LaRosa, III
Robert C. Cahaly, a self-described Republican political consultant, was arrested for alleged violations of South Carolina’s anti-robocall statute. After the charges were dismissed, Cahaly filed suit, challenging the statute on three First Amendment grounds: as an unlawful regulation of speech, as impermissibly compelling speech, and as unconstitutionally vague. Cahaly also sought damages from th... More...
$0 (08-06-2015 - SC)Jone Doe 2 v. President John W. Rosa
Charleston, SC - Fourth Circuit affirms dismissal of claim against President of The Citadel for failing to act on report of sexual abuse of two minor boys<br> <br> The appellants in this consolidated appeal were the plaintiffs below, John Doe 2 and Mother Doe, on behalf of John Doe 2’s younger brother, Doe 3 (together, “the Does”).1 Beginning in 2005 and continuing through July or August 200... More...
$0 (07-28-2015 - SC)Calvin Barton v. House of Raeford Farmers, Inc. d/b/a Columbia Farms
Numerous former employees and some current employees of House of Raeford Farms, Inc., d/b/a Columbia Farms, Inc., ("Columbia Farmsâ€), a chicken processor in Greenville, South Carolina, commenced three separate actions against Columbia Farms, asserting two types of claims: first, for the payment of unpaid wages, withheld in violation of the Fair Labor Standards Act ("FLSAâ€), 29 U.S.C. �... More...
$0 (03-12-2014 - SC)James G. Blakely, a/k/a Jimmy G. Blakely v. Robert Wards
With the Prisoner Litigation Reform Act ("PLRAâ€), Congress sought to reduce the number of frivolous lawsuits flooding the federal courts. Congress did so in part by enacting 28 U.S.C. § 1915(g), a "three-strikes†statute providing that if a prisoner has already had three cases dismissed as frivolous, malicious, or for failure to state a claim for which relief may be granted, the pri... More...
$0 (10-24-2013 - SC)Jerome A. Wilson v. Jon Ozmint
These claims brought under 42 U.S.C. § 1983 raise the issue whether certain actions taken by South Carolina prison officials after an inmate's suspected receipt of contraband, including suspension of the inmate's visitation privileges for two years, violated his constitutional rights. We conclude that the prison warden who imposed the challenged actions is shielded by qualified immunity from th... More...
$0 (05-15-2013 - SC)Candice Michelle Hardwick v. Marth Heywood
On multiple occasions at Latta Middle School and Latta<br> High School in Latta, South Carolina, school officials prohibited<br> Candice Hardwick from wearing and on one occasion<br> punished her for wearing Confederate flag1 shirts at school.<br> <br> Candice Hardwick, by and through her parents, brought this<br> action against the school principals and the school board pursuant<br> to 42 U.S.C. ... More...
$0 (03-25-2013 - SC)Steven Lefemine dba Columbia Christians for Life v. Dan Wideman
suitalleging unconstitutional conduct by government officials. The United States Court of Appeals for the Fourth Circuitheld that a plaintiff who secured a permanent injunction but no monetary damages was not a "prevailing party†under 42 U. S. C. §1988, and so could not receive fees.That was error. Because the injunction ordered the defendant officials to change their behavior in a way t... More...
$0 (11-05-2012 - SC)Marilee B. Fairchild v. South Carolina Department of Transportation
This Court granted a petition for a writ of certiorari to review the decision in Fairchild v. South Carolina Department of Transportation, 385 S.C. 344, 683 S.E.2d 818 (Ct. App. 2009). The Court of Appeals affirmed in part, reversed in part, and remanded for a new trial a negligence action arising from a motor vehicle accident. In relevant part, the Court of Appeals determined (1) Marilee Fairch... More...
$0 (04-11-2012 - SC)Phillip D. Grimsley, Sr. v. South Carolina Law Enforcement Division and the State of South Carolina
This is an appeal from the trial court's order granting the State's motion to dismiss. We reverse and remand.<br><br>Appellants are rehired employees of the South Carolina Law Enforcement Division (SLED). Appellants' claims arise from the contention that SLED has imposed a requirement in a statutorily authorized retirement program that is contrary to law. The trial court dismissed the complaint... More...
$0 (01-03-2012 - SC)Maurice E. Meyer, III v. Michael J. Astrue
After suffering severe injuries in an accidental fall, Maurice Eugene Meyer applied for Social Security disability insurance benefits. An administrative law judge ("ALJ") denied the claim, noting that Meyer failed to provide an opinion from his treating physician. When Meyer requested review of his claim by the Appeals Council, he submitted a letter from his treating physician detailing the injuri... More...
$0 (12-02-2011 - SC)Edward Lee Elmore v. Jon Ozmint
For nearly thirty years, Edward Lee Elmore, a mentally retarded handyman, has been behind bars, mainly on South Carolina's death row, for the January 1982 murder of Dorothy Edwards, an elderly woman who had sporadically employed him. The 28 U.S.C. § 2254 petition now on appeal, however, is part of Elmore's very first effort to secure federal habeas corpus relief. The antecedent state proceeding... More...
$0 (11-22-2011 - SC)Gerald Basss v. Gopal, Inc. and Super 8 Motels, Inc.
In this premises liability action, we are reviewing the court of appeals' decision upholding the circuit court's grant of summary judgment in favor of a motel and its franchisee when a guest was shot in the leg during an attempted robbery outside of his motel door. We affirm.<br><br>Facts/ Procedural Background<br><br>The facts of this case are undisputed. From approximately June 1999 until the ... More...
$0 (10-10-2011 - SC)Tony L. Pope v. Heritage Communities, Inc.
Heritage Communities, Inc. (HCI), Heritage Riverwalk, Inc. (HRI), and BuildStar Corporation (collectively, Appellants) appeal the jury's verdicts in these consolidated construction defect actions. We affirm.<br><br>FACTS<br><br>Construction on Riverwalk Development (Riverwalk), a condominium complex in Horry County, began in June 1997 and was completed in December 1999. Riverwalk included 228 un... More...
$0 (09-14-2011 - SC)Glenda Barron v. Labor Finders of South Carolina
We granted certiorari to review the Court of Appeals' decision in Barron v. Labor Finders of South Carolina, 384 S.C. 21, 682 S.E.2d 271 (Ct. App. 2009). We affirm as modified.<br><br>FACTS<br><br>A. Employment History<br><br>Petitioner began working for respondent in respondent's Charleston office around 1990. During petitioner's employment, respondent planned to open a second office locatio... More...
$0 (08-01-2011 - SC)Glenda Barron v. Labor Finders of South Carolina
Petitioner began working for respondent in respondent's Charleston office around 1990. During petitioner's employment, respondent planned to open a second office location in the Charleston area and informed petitioner she would be promoted to regional sales manager for both Charleston locations. In 2004, petitioner signed an agreement acknowledging her status as an at-will employee and setting h... More...
$0 (08-01-2011 - SC)Holly Woods Association of Residence Owners v. Joe W. Hiller
The plaintiffs in this action were property owners in the Holly Woods Development in Greenville or members of the Holly Woods Association of Residence Owners (the Association). The Association brought suit against the property developers in 2005. After a trial, the jury awarded the Association $971,000 in actual damages for its negligence claim and $1 for the breach of implied warranty of workma... More...
$0 (02-03-2011 - SC)Stephanie H. Wheeler v. Nwport News Shipbuilding and Dry Dock Company
Petitioner Stephanie H. Wheeler appeals from a decision of the Benefits Review Board ("the Board"),1 denying her claim for benefits under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 ("LHWCA" or "the Act"). Respondent Newport News Shipbuilding and Dry Dock Company ("the Employer") opposes the relief sought by Wheeler. The Director, Office of Workers' Compensation ... More...
$0 (02-15-2011 - SC)The Huxfield Cemetery Association v. Bobby L. Elliott
This case concerns a three-acre tract of land known as Huxfield Cemetery and which party, Appellant or Respondents, may maintain control over the property. The special referee treated this dispute as an action to try title and ruled that because Respondents had superior title over Appellant, Respondents were entitled to maintain control over the cemetery and were permitted to charge a burial fee... More...
$0 (08-16-2010 - SC)Jesse Branham, Jr. v. Ford Motor Company
This is a direct appeal in a product liability case tried to a jury in Hampton County. The jury awarded the plaintiff $16,000,000 in actual damages and $15,000,000 in punitive damages. We affirm in part, reverse in part and remand for a new trial. <br> <br> I.<br> <br> This product liability action involves a 1987 Ford Bronco II 4x2, manufactured in 1986. Cheryl Hale (or her husband) purcha... More...
$0 (08-09-2010 - SC)Jesse Branham, Jr. v. Ford Motor Company
This is a direct appeal in a product liability case tried to a jury in Hampton County. The jury awarded the plaintiff $16,000,000 in actual damages and $15,000,000 in punitive damages. We affirm in part, reverse in part and remand for a new trial. <br><br>I.<br><br>This product liability action involves a 1987 Ford Bronco II 4x2, manufactured in 1986. Cheryl Hale (or her husband) purchased ... More...
$0 (08-20-2010 - SC)Brad R. Johnson v. County of Horry
The appellant, Brad Johnson, filed this suit against Horry County, South Carolina and employees in the County Auditor's Office, including: Janet Brown, an administrative assistant, M. Lois Eargle, the county auditor, and Tim Christopher, an administrative assistant. Johnson also sued Paul Abajian, an Horry County police officer. Johnson filed suit against Eargle, Brown, Johnson and Officer Abajian... More...
$0 (01-14-2010 - SC)