South Carolina Immunity Law
Tim Landholt v. Kendall Corley, et al.
Columbia, South Carolina personal injury lawyer represented the Plaintiff who sued on a civil rights violation theory.<br> <br> A South Carolina state court judge issued a bench warrant to arrest Tim Landholt for not paying child support. Sheriff's deputies soon arrested Landholt, who was fined and sent on his way. But the clerk's office never recalled or cancelled the executed warrant. Over five ... More...
$0 (08-29-2025 - SC)The State of South Carolina v. Kierin Marcellus Dennis </center
<h2><br> Lexington, South Carolina murder defense lawyer represented the Defendant.<br> </h2><br> <br> <br> Dennis, at the time a recent graduate of Lexington High School (LHS), was indicted for murder based on the stabbing of a student from the rival school, Dutch Fork High School (DFHS), after a basketball game on February 17, 2014. The stabbing occurred in the parking lot of a Cook-Out restaura... More...
$0 (08-14-2024 - SC)Joe Patterson v. We Are Sharing Hop, S.C., et al.
Charleston, South Carolina personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liability negligence theory.<br> <br> South Carolina premises liability law governs who is responsible for injuries that occur on someone else's property. Here's a breakdown of the key aspects:<br> <br> Duty of care: Property owners and occupiers owe a duty of care to keep... More...
$1 (01-12-2024 - SC)Summer Mixon v. CareSouth Carolina, Inc.
Florence, South Carolina health care lawyer represented Plaintiff who sued Defendant on a Federallly Supported Health Centes Assistance Act ("FSHCAA") violation theory.<br> <br> <br> Plaintiff was a patient of CareSouth, a federally deemed community health center under the Federally Supported Health Centers Assistance Act ("FSHCAAâ€), 42 U.S.C. § 233(g)-(n), that receives federal grant fun... More...
$0 (06-02-2022 - SC)United States of America v. Mark Anthony Stone
Columbia, SC - Felon Responsible for Three State Police Chase Sentenced to 71 Months Imprisonment on Firearm Charge<br> <br> Mark Anthony Stone, age 32, of Rabun, Georgia was sentenced for one count of Felon in Possession of a Firearm, a violation of 18 U.S.C. § 922(g). United States District Judge Timothy M. Cain of Anderson sentenced Stone to seventy-one months imprisonment, three years of sup... More...
$0 (10-05-2016 - SC)<b><h3>The State Of South Carolina v. Theodore Manning</b></h3>
Theodore Manning (Respondent) was charged with murder following the death of his girlfriend, Mikki McPhatter (the victim). The victim died after being shot in the back of the head in Respondent's home. It is undisputed that the victim was unarmed. Another of Respondent's girlfriends, Kendra Goodman, led police to the victim's abandoned and burned vehicle, where her charred skeletal remains were... More...
$0 (09-20-2016 - SC)Bass v. S.C. Dep't of Soc. Servs
Diane and Otis Bass are married and have three children: Brittany, Hanna, and Alex. All three children have special needs, but Hanna and Alex are also autistic. Otis works outside the home, and Diane cares for the children. <br> Due to their forms of autism and their other cognitive issues, both Hanna and Alex were prescribed Clonidine to help them sleep at night, in addition to other medication... More...
$0 (12-05-2015 - 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)Freeman v. J.L.H. Investments
Julie Freeman, individually and on behalf of 5,314 similarly situated car buyers, filed a lawsuit against J.L.H. Investments, LP, a/k/a Hendrick Honda of Easley ("Hendrick"), seeking damages under the South Carolina Dealers Act1 (the "Dealers Act") on the ground that Hendrick "unfairly" and "arbitrarily" charged all of its customers "closing fees"2 that were not calculated to reimburse Hendrick ... 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)United States of America ex rel. Michael K. Drakeford, M.D.
In a qui tam action in which the government intervened, a jury determined that Tuomey Healthcare System, Inc., did not violate the False Claims Act ("FCAâ€), 31 U.S.C. §§ 3729-33 (2012).1 The district court, however, vacated the jury's verdict and granted the government a new trial after concluding that it had erroneously excluded excerpts of a Tuomey executive's deposition testimony. T... More...
$0 (07-02-2015 - 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)16 Jade Street, LLC v. R. Design Construction Co., LLC
This case presents the novel question of whether a member of a limited liability company can be held personally liable for torts committed while acting in furtherance of the company's business. We hold the General Assembly did not intend the LLC act to shield a member from liability for his own torts. <br><br>FACTUAL/PROCEDURAL BACKGROUND<br><br>Carl R. Aten, Jr., and his wife are the only member... More...
$0 (04-04-2012 - SC)Thomas R. Wieters, M.D. v. Bon Secours-St. Francis Xavier Hospital, Inc.
Appellant Bon Secours-St. Francis Xavier Hospital (the Hospital) was a defendant at trial[1] in the underlying civil case. On March 2, 2010, the morning of the trial, Appellants removed the case to federal court for the second time and on the same grounds as the initial removal. The federal district court judge again remanded the case to state court. Judge Baxley, the state trial judge, imposed... More...
$0 (08-01-2011 - SC)Thomas R. Wieters, M.D. v. Bon Secours-St. Francis Xavier Hospital, Inc.
Appellant Bon Secours-St. Francis Xavier Hospital (the Hospital) was a defendant at trial[1] in the underlying civil case. On March 2, 2010, the morning of the trial, Appellants removed the case to federal court for the second time and on the same grounds as the initial removal. The federal district court judge again remanded the case to state court. Judge Baxley, the state trial judge, imposed... 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)Karen Harris v. The University of South Carolina
Karen Harris appeals the jury's verdict in favor of the University of South Carolina (the University) on her negligence claim for damages resulting from injuries she suffered in a fall on University property. Harris argues the trial court erred in (1) charging the jury on the Limitation on Liability of Landowners Act, commonly known as the Recreational Use Statute (the RUS)[1], (2) charging she c... More...
$0 (02-03-2011 - SC)Beaulah Platt v. CSX Transportation, Inc.
Petitioner brought wrongful death and survival actions against CSX Transportation, Inc. (CSX) and the South Carolina Department of Transportation (SCDOT) stemming from a collision between an automobile and a freight train. Petitioner settled the claims against CSX, and the trial court granted summary judgment in favor of SCDOT. The court of appeals affirmed, and we granted Petitioner's request f... More...
$0 (08-02-2010 - 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)City of Hartsville v. South Carolina Municipal Insurance & Risk Financing Fund
In this declaratory judgment action, South Carolina Municipal Insurance and Risk Financing Fund (Insurer) appeals the circuit court's order finding the Insurer had a continuing duty to defend the City of Hartsville (City) and ordering it to pay the City the costs it incurred from having to defend against a suit brought by a Hartsville landowner. Pursuant to Rule 204(b), SCACR, this Court certifie... More...
$0 (05-18-2009 - SC)Blake H. Moore, M.D. v. Williamsburg Regional Hospital, et al.
In this case, a physician brings multiple state law and federal due process claims against a hospital and its officials for suspending his staff privileges based on allegations that he had sexually abused his adopted daughter. While the scope of immunity under the Health Care Quality Improvement Act, 42 U.S.C. § 11101 et seq., certainly has limits, we think the immunity attaches to defendants u... More...
$0 (03-19-2009 - SC)Marion R. McMILLAN, M.D. and Blue Ridge Medical Specialties, P.A., Respondents/Appellants, v. OCONEE MEMORIAL HOSPITAL, INC., Appellant/Respondent, and Anesthesiology Consultants of the Upstate, P.A.,
<P>This case arose out of the events surrounding Oconee Memorial Hospital's (Oconee) decision to offer anesthesiology and internal medical services on an exclusive basis. A jury returned a verdict against Oconee. The trial court reduced the verdict pursuant to the charitable immunity statute. This appeal followed. After certifying this case for review pursuant to Rule 204(b), SCACR, we rever... More...
$0 (01-30-2006 - SC)<a href="http://pacer.ca4.uscourts.gov/opinion.pdf/027394.P.pdf" target="_new">Stanley M. Ballenger v. John Dale Owens, et al.</a>
Stanley Ballenger commenced this action against the State of South Carolina and South Carolina State Trooper John Owens under 42 U.S.C. § 1983, alleging an unreasonable search and seizure and demanding $1.5 million in damages. In particular, Ballenger alleged that Trooper Owens illegally and unconstitutionally stopped him, searched his automobile, and seized the automobile and property foun... More...
$0 (12-18-2003 - SC)<a href="http://www.law.sc.edu/ctapp/3562.htm" target="_new">Esau Heyward v. Samuel Christmas</a>
Esau Heyward brought a civil action against Samuel Christmas, a South Carolina Highway Patrol trooper, alleging causes of action for negligence, assault and battery, and violation of 42 U.S.C. § 1983 by using excessive force in arresting Heyward. The circuit court granted Christmas a directed verdict. Heyward appeals, arguing that (1) the circuit court erred in granting Christmas a directed ver... More...
$0 (11-11-2002 - SC)<a href="http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=25434" target="_new">Dexter L. Faile, et al. v. South Carolina Department of Juvenille Justice</a>
We granted certiorari to review the decision of the Court of Appeals overturning the trial court's grant of summary judgment to the South Carolina Department of Juvenile Justice ("DJJ") on the ground DJJ was entitled to quasi-judicial immunity under the South Carolina Tort Claims Act. (1) Faile v. S.C. Dep't of Juvenile Justice, Op. No. 99-UP-1811 (S.C. Ct. App. filed June 9, 1999). We affirm in r... More...
$0 (07-12-2002 - SC)<a href="http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=3509" target"_new">Stewart v. Richland</a>
James Stewart brought this negligence action against Richland Memorial Hospital (RMH) alleging the nurse on duty breached the professional standard of care by removing his restraints and failing to monitor him, thereby providing substandard care. Stewart appeals the jury verdict for RMH, asserting the trial court erred in ruling that Stewart had to prove gross negligence in order to prevail and th... More...
$0 (06-03-2002 - SC)<a href="http://www.law.sc.edu/opinions/25345.htm" target="_new">Tatum v. Medical University</a>
Respondent Tatum (Mrs. Tatum) injured her back in the course of her employment with Petitioner Medical University of South Carolina (MUSC). She was treated at MUSC's Employee Health Care Service and diagnosed with a midline broadly-based disc herniation. <P>Mrs. Tatum was later referred to Dr. Sunil J. Patel, a physician employed by MUSC as an assistant professor and neurosurgeon. Ultimately, Dr. ... More...
$0 (08-20-2001 - SC)<a href="http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=011749.P" target="_new">Tara Simone Brown v. Robert Gilmore, et al.</a>
Plaintiff Tara Brown brought a 42 U.S.C. S 1983 action alleging false arrest and use of excessive force in violation of the Fourth Amendment during her arrest for violating the City of Myrtle Beach's disorderly conduct ordinance. The district court denied the officers' motion for summary judgment based on qualified immunity. Because the record reveals no violation of Brown's Fourth Amendment ... More...
$0 (01-23-2002 - SC)<a href="http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=011826.P" target="_new">David Johnson, et al. v. City of Aiken, et al.</a>
The City of Aiken, South Carolina and Officers Truxton Umstead and C. W. Clark appeal an award of attorneys' fees and costs against Clark and in favor of David Johnson and Amanda Vickers under 42 U.S.C.A. S 1988(b) (West Supp. 2001). Because we conclude that the only appropriate fee here was no fee at all, we vacate the award and remand for further pro- ceedings.<P> I.<P> The events that g... More...
$0 (01-23-2002 - SC)<a href="http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=001407.P" target="_new">Carmen Leverette v. Margarett Bell</a>
Plaintiff Carmen Leverette, an employee of South Carolina's Wateree River Correctional Institution ("WRCI"), brought this suit against Margaret Bell, the Associate Warden of WRCI, alleging that Bell had violated her Fourth Amendment right against unreasonable searches and seizures by conducting a visual body cavity search of Leverette's person. Leverette seeks damages pursuant to 42 U.S.C. S... More...
$0 (04-13-2001 - SC)