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Case Name Kenny v. Wilson CJ-SC-0001
Docket / Court 2:16-cv-02794-CWH ( D.S.C. )
State/Territory South Carolina
Case Type(s) Criminal Justice (Other)
Education
Attorney Organization ACLU Chapters (any)
Case Summary
On August 11, 2016, the non-profit, Girls Rock, and four students of South Carolina public schools, filed this lawsuit in U.S. District Court for the District of South Carolina. The plaintiffs sued the Attorney General of South Carolina and the heads of twelve South Carolina Police Departments ... read more >
On August 11, 2016, the non-profit, Girls Rock, and four students of South Carolina public schools, filed this lawsuit in U.S. District Court for the District of South Carolina. The plaintiffs sued the Attorney General of South Carolina and the heads of twelve South Carolina Police Departments under 42 U.S.C. § 1983. The plaintiffs, represented by the American Civil Liberties Union, asked the court for a declaratory judgement that two South Carolina codes, commonly referred to as the "Disturbing Schools" statute and the "Disorderly Conduct" statute violated the Due Process Clause of the Fourteenth Amendment. They further asked for injunctive relief enjoining the defendants from enforcing the statutes. The plaintiffs claimed that the statutes set an impossible standard for students to follow and made it next to impossible for students to speak out against mistreatment or unfair punishment. The plaintiffs claim that the statutes violated due process because they were unjustifiably vague. Further, the plaintiffs pointed to evidence that the statutes disproportionately affect black students.

The complaint detailed the experience of one of the named plaintiffs in the case. A nineteen-year-old African American girl, the plaintiff was a former student of a South Carolina public school. While in math class one day, the students watched as a School Resource Officer pulled a classmate from her desk, dragged her to the floor, and handcuffed her. The plaintiff called for someone to stop the violence and began documenting the event. The plaintiff was then arrested herself under the "Disturbing Schools" statute and held in an adult detention center for several hours.

With the complaint, the plaintiffs also filed a motion to certify class and a motion for a preliminary injunction. The defendants immediately filed multiple motions to dismiss and the issues were fully briefed.

On December 8, 2016, U.S. District Judge C. Weston Houck held a hearing on plaintiff's motion for a preliminary injunction, the defendants' motions to dismiss for failure to state a claim and lack of jurisdiction and on defendants' motion to strike class action certification. This case is ongoing.

Gabriela Hybel - 02/12/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Defendant-type
Law-enforcement
Discrimination-basis
Age discrimination
Race discrimination
General
Disciplinary procedures
Disparate Impact
Disparate Treatment
Excessive force
Grievance Procedures
Juveniles
Over/Unlawful Detention
Placement in detention facilities
Racial profiling
National Origin/Ethnicity
Hispanic
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1983
Defendant(s) Attorney General of South Carolina; Individual Police Departments of South Carolina
Plaintiff Description A non-profit organization and four students of South Carolina public schools.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
Date: Aug. 11, 2014
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
2:16-cv-2794 (D.S.C.)
CJ-SC-0001-9000.pdf | Detail
Date: 12/08/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
CJ-SC-0001-0002.pdf | Detail
Date: 08/11/2016
Source: PACER [Public Access to Court Electronic Records]
Statement of Interest of the United States [ECF# 86]
CJ-SC-0001-0001.pdf | Detail
Date: 11/28/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Houck, Charles Weston (D.S.C.)
CJ-SC-0001-9000
Plaintiff's Lawyers Dunn, Susan K. (South Carolina)
CJ-SC-0001-0002 | CJ-SC-0001-9000
Hinger, Sarah (New York)
CJ-SC-0001-0002 | CJ-SC-0001-9000
Lapidus, Lenora M. (New Jersey)
CJ-SC-0001-0002 | CJ-SC-0001-9000
Parker, Dennis D. (New York)
CJ-SC-0001-0002 | CJ-SC-0001-9000
Sherwin, Galen (New York)
CJ-SC-0001-0002 | CJ-SC-0001-9000
Defendant's Lawyers Coler, Robert P. (South Carolina)
CJ-SC-0001-9000
Culbreath, Anne R. (South Carolina)
CJ-SC-0001-9000
Garfield, Robert David (South Carolina)
CJ-SC-0001-9000
Hemlepp, William Michael Jr. (South Carolina)
CJ-SC-0001-9000
Lindemann, Andrew F. (South Carolina)
CJ-SC-0001-9000
Pitts, Michael Stuart (South Carolina)
CJ-SC-0001-9000
Senn, Sandra Jane (South Carolina)
CJ-SC-0001-9000
Smith, James Emory Jr. (South Carolina)
CJ-SC-0001-9000
Spreeuwers, Steven Richard (South Carolina)
CJ-SC-0001-9000
Wells, Logan McCombs (South Carolina)
CJ-SC-0001-9000
Other Lawyers Bains, Chiraag (District of Columbia)
CJ-SC-0001-0001
Drake, Beth (South Carolina)
CJ-SC-0001-0001
Fox, Deena (District of Columbia)
CJ-SC-0001-0001
Gupta, Vanita (District of Columbia)
CJ-SC-0001-0001
Jackson, Shelley (District of Columbia)
CJ-SC-0001-0001
Moossy, Robert J. (District of Columbia)
CJ-SC-0001-0001
Rosenbaum, Steven H. (District of Columbia)
CJ-SC-0001-0001
Savitsky, Zoe M. (District of Columbia)
CJ-SC-0001-0001
Sneed, Robert (South Carolina)
CJ-SC-0001-0001 | CJ-SC-0001-9000

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