February 26, 2014 South CArolina Court of Appeals published opinions

Horton v City of Columbia

Horton brought suit against City for false arrest, assault and battery and other claims based on her arrest for burglary and subsequent release when fingerprint evidence excluded her as a suspect. The circuit court granted summary judgment to City ruling the arrest was supported by probable cause and the city enjoyed state law immunity. The panel affirmed. As to all claims but assault and battery, the panel affirmed as Horton did not challenge the immunity ruling. As to assault and battery, the panel held that a police officer can be liable in South Carolina for unlawful arrest without proof of excessive force. However, here there was an arrest warrant and Horton provided no evidence that the officer intentionally or recklessly omitted doubts of another officer to obtain the warrant. Thus, the arrest was lawful and the assault and battery claim failed as a matter of law.

Grimsley v South Carolina Law Enforcement Division

The circuit court granted summary judgment to SLED on Grimsley’sc claim that SLED failed to pay the agreed salary. The panel reversed holding the evidence was conflicting on what salary the parties agreed would be paid. Thus, a trial was necessary to resolve the conflict.

 

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