Case Summaries: Fourth Circuit Court of Appeals (August 2020)

This post summarizes criminal law and related opinions decided during August 2020 by the Fourth Circuit Court of Appeals. Claim of malicious prosecution for offense of blocking sidewalk could proceed; grant of summary judgment reversed Salley v. Myers, ___ F.3d ___, 2020 WL 4664808 (Aug. 10, 2020). The plaintiff, a former U.S. Marine, was standing in front of a hospital in Columbia, South Carolina, where his sister had recently been admitted. He discovered his sister had been discharged and walked towards a nearby bus stop. The bus stop was apparently a high-crime area, and officers approached the plaintiff as he neared, claiming he was blocking the sidewalk. The plaintiff initially thought the officers were kidding, but they grabbed and ultimately handcuffed him, allegedly injuring his shoulder in the process. According to the plaintiff, an officer said twice that he was “making a statement.” The officer searched the plaintiff’s pockets and stated that he was looking for drugs (none were found). The plaintiff then overheard officers discussing possible charges, including a potential charge for obstructing the sidewalk. The officers ultimately issued a citation for that offense. Immediately after being cited, the plaintiff filed a formal complaint with the police department and gave notice of intent to have a jury decide his case. His complaint to the police department was never investigated. Under South Carolina law for this type of infraction offense, the officer acts as the prosecutor and has the power to dismiss, plea bargain, or proceed to trial. More than three [...]