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Fourth Circuit Holds South Carolina DOC Lawyers Entitled to Qualified Immunity
by David M. Reutter
The Fourth Circuit Court of Appeals held that lawyers for the South Carolina Department of Corrections (SCDC) who made a legal error in interpreting new state law were entitled to qualified immunity.
The Court’s August 20, 2020, opinion was issued in an appeal …
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More from this issue:
- The Toughest Love, by Julia Lurie
- From the Editor, by Paul Wright
- $400,000 Settlement in Lawsuit over Kentucky Prisoner’s Starvation Death, by Matthew Clarke
- Why Did 77 Ohio Prisoners Die of COVID-19, but Just 10 in Pennsylvania?, by Cid Standifer, Brie Zeltner
- New York Jail Accused of Discrimination by Female Prisoners, by Kevin Bliss
- BOP Inspector General Rips State for Failure to Control COVID-19 at Lompoc in California, by Derek Gilna
- Dark Web Creator Petitions President Trump for Clemency, by Edward Lyon
- Prison Postcard: Life in the Time of COVID, Correctional Center, Virginia, by Daniel A. Rosen
- Growing Need to Protect Attorney-Client Emails, by Jayson Hawkins
- GEO Group and CoreCivic Lose Critical Financial Support, by Keith Sanders
- New York Governor Cuomo Creates Prison Nursing Home During Pandemic, by Anthony Accurso
- Danish Funds Invest In American Private Prisons, by David Reutter
- $12.5 Million Settlement for Oklahoma Prisoner’s In-Custody Death Riled Sheriff’s Race, by Kevin Bliss
- Philadelphia Jails to Release Prisoners Earlier in the Day, by Bill Barton
- Michigan Settles Sex Abuse Claims by 1,300 Former Juvenile Offenders Housed With Adults for $80 Million, by David Reutter
- Wisconsin Supreme Court Reverses “Dangerousness” Finding in Involuntary Commitment of Schizophrenic Man, by David Reutter
- Report: New Jersey Women’s Prison Promoted Culture of Abuse, by Kevin Bliss
- Missouri Downsizing Prisons to Save Cash, by Bill Barton
- Trump v. Biden on Criminal Justice, by Christopher Zoukis, Charles Sloan-Hillier
- Alaska Supreme Court Upholds Dismissal of Delusional Prisoner’s Medical Malpractice Claim, by Dale Chappell
- DC Federal Court Enters Partial Preliminary Injunction Against District Jails For COVID-19 Deficiencies, by Derek Gilna
- $300,000 a Year Not Enough to Convince Psychiatrists to Work in California Prisons, by Dale Chappell
- Poetry for the Prisoners’ Soul, by Edward Lyon
- Damage to South Carolina Prisons Shifts Prisoners to Lewisburg, Pennsylvania, by Derek Gilna
- Offensive Facebook Posts Cost Wisconsin Warden His Job, by Kevin Bliss
- Mother of Decapitated Prisoner Sues California Prison Officials for Housing Her Son with Prisoner Who Tried to Murder Previous Cellmate, by Matthew Clarke
- More Than Half of Chicago’s COVID-19 Cases Linked to Cook County Jail, by Dale Chappell
- Wisconsin Supreme Court Rules Unconstitutional Statute Authorizing Forcible Medication of Involuntarily Committed Prisoner, by Matthew Clarke
- Wildfires Threaten Prisoners in West, While New California Law Helps Prisoner-Firefighters to Continue Work After Release, by Dale Chappell
- National Guard Called in to Help Run Indiana State Prisons, by Dale Chappell
- Eleventh Circuit Reinstates Pay-To-Vote for Florida Felons Who Completed Sentences, by David Reutter
- Ford Foundation President’s Support to Replace Rikers With Other Jails Criticized, by Chad Marks
- The Violent Crime Control and Law Enforcement Act of 1994: 25 Years Later, Where Do We Stand?, by Dale Chappell
- California Judge Reconsiders Six Months’ Jail for Cookie Theft at Rehab Program, by Anthony Accurso
- How Kamala Harris’ Orange County, California “Snitch” Scandal Investigation Imploded, by Derek Gilna
- Conditions at South Carolina Juvenile Facility Unconstitutional, by David Reutter
- $420,000 Settlement in Lawsuit Over Opioid Withdrawal Death in Georgia Jail, by Matthew Clarke
- First Wrongful Death Claim Against San Quentin Prison Filed Over COVID-19 Death, by Dale Chappell
- Lawsuit Over Hellish 9-Day Prisoner Transport Reinstated, by David Reutter
- Theft, Lies and Bribes Force California Warden’s Early Retirement, $11,500 Monthly Pension, by Mark Wilson
- Seventh Circuit Protects Guards Who Allegedly Failed to Protect Wisconsin Prisoner, by David Reutter
- Bloomberg Allies Make $20 Million Push to Help Enfranchise 30,000 Florida Ex-Felons, by Derek Gilna
- Mental Health and Prison Systems in Major Need of Reform, by Kevin Bliss
- NYC Floating Jail May Finally be Closed, by Jayson Hawkins
- Fourth Circuit Holds South Carolina DOC Lawyers Entitled to Qualified Immunity, by David Reutter
- New Study Shows “Tough on Crime” Generation Spent More Time in Prison Despite Falling Crime Rate, by Dale Chappell
- Beltway Sniper Marries in Prison, by Jayson Hawkins
- Fifth Circuit Reinstates Lawsuit Over Texas Jail Prisoner’s Death, by Matthew Clarke
- Prisoners Evacuated but ICE Detainees in Louisiana Suffer During Hurricane Laura, by Edward Lyon
- Fifth Circuit Upholds Dismissal of Texas Jail Suicide Lawsuit, Holds Discrimination Not Proven, by Matthew Clarke
- News in Brief
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- California Appeals Court Rules in Favor of Ripped Off Prisoner, Feb. 1, 2026. Attorney Misconduct, Court Appearances, Trials, Abuse of Discretion Standard, Access To Courts.
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026. Liberty Interests, Evidence, Qualified Immunity, Fourteenth Amendment, rights.

