defense of qualified privilege (South Carolina) · Go Syfert
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defense of qualified privilege in South Carolina

9 South Carolina opinions name it 2 courts 1935–2015 0 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Swinton Creek Nursery v. Edisto Farm Creditgreen
sc · 1999 · cited in 2 South Carolina opinions naming this issue, 2013–2015
2 sentences

2015Under the defense of qualified privilege, "one who publishes defamatory matter concerning another is not liable for the publication if (1) the matter is published upon an occasion that makes it [qualifiedly or] conditionally privileged, and (2) the privilege is not abused." Swinton Creek Nursery v. Edisto Farm Credit, 334 S.C. 469, 484 , 514 S.E.2d 126, 134 (1999) (citing Restatement (Second) of Torts § 593 (1977)).

2015Under the defense of qualified privilege, "one who publishes defamatory matter concerning another is not liable for the publication if (1) the matter is published upon an occasion that makes it [qualifiedly or] conditionally privileged, and (2) the privilege is not abused." Swinton Creek Nursery v. Edisto Farm Credit, 334 S.C. 469, 484 , 514 S.E.2d 126, 134 (1999) (citing Restatement (Second) of Torts § 593 (1977)).

22
Cullum v. Dun & Bradstreet, Inc.green
sc · 1955 · cited in 2 South Carolina opinions naming this issue, 1993–2013
2 sentences

2013Qualified Privilege: Swinton Creek Nursery v. Edisto Farm Credit, ACA, 334 S.C. 469, 484 , 514 S.E.2d 126, 134 (1999) (holding that to overcome the defense of qualified privilege in a defamation action, a plaintiff must prove "actual malice or that the scope of the privilege has been exceeded"); Cullum v. Dun & Bradstreet, Inc., 228 S.C. 384, 388 , 90 S.E.2d 370, 372 (1955) ("A communication on a subject in which the person communicating has an interest, or in reference to which he has a duty, is qualifiedly privileged if made in good faith, limited in its scope to the requirements of such int

2013Qualified Privilege: Swinton Creek Nursery v. Edisto Farm Credit, ACA, 334 S.C. 469, 484 , 514 S.E.2d 126, 134 (1999) (holding that to overcome the defense of qualified privilege in a defamation action, a plaintiff must prove "actual malice or that the scope of the privilege has been exceeded"); Cullum v. Dun & Bradstreet, Inc., 228 S.C. 384, 388 , 90 S.E.2d 370, 372 (1955) ("A communication on a subject in which the person communicating has an interest, or in reference to which he has a duty, is qualifiedly privileged if made in good faith, limited in its scope to the requirements of such int

12
Brown v. Ivesgreen
ca1 · 1997 · cited in 1 South Carolina opinions naming this issue, 2004–2004
1 sentence

2004Dist., 93 F.Supp.2d 1011 , 1042 n. 21 (E.D.Wis.2000) (finding defense of qualified immunity may not be rebutted by evidence that defendant’s conduct was malicious or otherwise improperly motivated); Brown v. Ives, 129 F.3d 209, 211 (1st Cir.1997) (“The test is objective; claims of malice do not *180 overcome qualified immunity.”); Williams v. Treen, 671 F.2d 892, 896 (5th Cir.1982) (“Qualified immunity now depends on the objective reasonableness of an officials conduct, as measured by reference to clearly established law, not upon malice or other subjective factors.”).

11
Golino v. City of New Havengreen
ca2 · 1991 · cited in 1 South Carolina opinions naming this issue, 2004–2004
1 sentence

2004If the plaintiff alleges “an arrest without probable cause, an arresting officer may assert the defense of qualified immunity if ‘either (a) it was objectively reasonable for the officer to believe that probable cause existed, or (b) officers of reasonable competence could disagree on whether the probable cause test was met.’ ” Rogers, 303 F.3d at 158 (quoting Golino v. City of New Haven, 950 F.2d 864, 870 (2d Cir.1991)).

11
Hayes Williams and Arthur Mitchell v. David C. Treen, Governor of the State of Louisianagreen
ca5 · 1982 · cited in 1 South Carolina opinions naming this issue, 2004–2004
1 sentence

2004Dist., 93 F.Supp.2d 1011 , 1042 n. 21 (E.D.Wis.2000) (finding defense of qualified immunity may not be rebutted by evidence that defendant’s conduct was malicious or otherwise improperly motivated); Brown v. Ives, 129 F.3d 209, 211 (1st Cir.1997) (“The test is objective; claims of malice do not *180 overcome qualified immunity.”); Williams v. Treen, 671 F.2d 892, 896 (5th Cir.1982) (“Qualified immunity now depends on the objective reasonableness of an officials conduct, as measured by reference to clearly established law, not upon malice or other subjective factors.”).

11
Harlow v. Fitzgeraldgreen
scotus · 1982 · cited in 1 South Carolina opinions naming this issue, 1994–1994
2 sentences

1994We disagree. “[Gjovernment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed. (2d) 396, 410 (1982).

1994We disagree. “[Gjovernment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed. (2d) 396, 410 (1982).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Cartwright v. HERALD PUB. CO. green
sc · 1951
2 sentences

1971Cartwright v. Herald Publishing Company, 220 S. C. 492, 68 S. E. (2d) 415 .

1970Cartwright v. Herald Publishing Co., 220 S. C. 492, 68 S. E. (2d) 415 .

31962–1971
Mark Rogers, Eric Pelcher and Mark Emigh v. City of Amsterdam, Thomas McQuade and Todd Stark, Mary Ann Smith green
ca2 · 2002
1 sentence

2004If the plaintiff alleges “an arrest without probable cause, an arresting officer may assert the defense of qualified immunity if ‘either (a) it was objectively reasonable for the officer to believe that probable cause existed, or (b) officers of reasonable competence could disagree on whether the probable cause test was met.’ ” Rogers, 303 F.3d at 158 (quoting Golino v. City of New Haven, 950 F.2d 864, 870 (2d Cir.1991)).

12004–2004
Crawford-El v. Britton green
scotus · 1998
2 sentences

2004In Crawford-El v. Britton, 523 U.S. 574 , 118 S.Ct. 1584 , 140 L.Ed.2d 759 , (1998), the United States Supreme Court noted “a defense of qualified immunity may not be rebutted by evidence that the defendant’s conduct was malicious or otherwise improperly motivated.” Id. at 588 , 118 S.Ct. at 1592 , 140 L.Ed.2d at 773 ; see Ulichny v. Merton Cmty. Sch.

2004In Crawford-El v. Britton, 523 U.S. 574 , 118 S.Ct. 1584 , 140 L.Ed.2d 759 , (1998), the United States Supreme Court noted “a defense of qualified immunity may not be rebutted by evidence that the defendant’s conduct was malicious or otherwise improperly motivated.” Id. at 588 , 118 S.Ct. at 1592 , 140 L.Ed.2d at 773 ; see Ulichny v. Merton Cmty. Sch.

12004–2004
Ulichny v. Merton Community School District green
wied · 2000
1 sentence

2004Dist., 93 F.Supp.2d 1011 , 1042 n. 21 (E.D.Wis.2000) (finding defense of qualified immunity may not be rebutted by evidence that defendant’s conduct was malicious or otherwise improperly motivated); Brown v. Ives, 129 F.3d 209, 211 (1st Cir.1997) (“The test is objective; claims of malice do not *180 overcome qualified immunity.”); Williams v. Treen, 671 F.2d 892, 896 (5th Cir.1982) (“Qualified immunity now depends on the objective reasonableness of an officials conduct, as measured by reference to clearly established law, not upon malice or other subjective factors.”).

12004–2004
Jones v. Garner green
sc · 1968
1 sentence

1970Strong and violent language or insinuation disproportionate to the occasion may raise an inference of malice and thus lose the privilege which might otherwise attach to the occasion.” In Jones v. Garner, 250 S. C. 479, 158 S. E. (2d) 909 , we held that a statement which abuses or goes beyond the requirement of the occasion loses the protection of the privilege.

11970–1970
Bell v. Bank of Abbeville green
sc · 1947
1 sentence

1962Again, we quote from Bell v. Bank of Abbeville, supra: “Reverting to the primary question wherther there is in the record any credible testimony pointing to the fact that the occasion was used for the unlawful purpose of defaming and injuring the respondent, rather than to make a bona fide inquiry into complaints against the handling of the bank’s affairs, we are unable to find in the record anything substantial upon which to support the burden which rested on the respondent to prove his case.” Having reached the conclusion that the communication sent by the appellant to its office in Greenvil

11962–1962
Kirby v. Gulf Refining Co. neutral
sc · 1934
1 sentence

1962Cartwright v. Herald Publishing Company et al., 220 S. C. 492, 68 S. E. (2d) 415 ; Kirby v. Gulf Refining Company et al., 173 S. C. 224, 175 S. E. 535 ; Bell v. Bank of Abbeville, 208 S. C. 490, 38 S. E. (2d) 641 . *182 We have carefully examined the record in this case for any evidence showing that the appellant was actuated by ill will or malice in making the communication here involved.

11962–1962
Bell v. Bank of Abbeville green
sc · 1946
1 sentence

1962Cartwright v. Herald Publishing Company et al., 220 S. C. 492, 68 S. E. (2d) 415 ; Kirby v. Gulf Refining Company et al., 173 S. C. 224, 175 S. E. 535 ; Bell v. Bank of Abbeville, 208 S. C. 490, 38 S. E. (2d) 641 . *182 We have carefully examined the record in this case for any evidence showing that the appellant was actuated by ill will or malice in making the communication here involved.

11962–1962
Duncan v. the Record Publishing Co. green
sc · 1927
1 sentence

1935Co., 145 S. C., 276, 143 S. E., 31, 56 .

11935–1935

Where else courts name it

NY 46 (1944–2024) OH 37 (1980–2026) TX 35 (1978–2024) NC 31 (1963–2022) NJ 20 (1975–2025) AL 19 (1991–2025) CA 15 (1921–2017) MA 14 (1991–2026) CT 12 (1992–2009) MD 11 (1959–2020) FL 11 (1981–2010) NM 10 (1964–2024) MO 10 (1912–2000) PA 9 (1938–2025) MI 9 (1987–2019) WV 9 (1943–2024) SC 9 (1935–2015) DC 8 (1970–2024) LA 8 (1977–2010) WY 7 (1989–2021) CO 7 (1990–2002) SD 6 (1993–2021) IA 6 (1972–2013) WI 6 (1987–2000) MS 6 (1991–2005) AZ 6 (1970–2011) TN 5 (1996–2011) GA 5 (1992–2015) OK 4 (1981–2017) KS 4 (1994–2013) IN 4 (1977–1989) VA 4 (1985–2014) WA 4 (1978–2024) OR 4 (1960–2012) AR 3 (1987–2013) IL 3 (1975–2006) ME 3 (1998–2023) MN 3 (1994–2026) ID 3 (1987–2004) RI 2 (1992–2023) NE 2 (1931–1999) VT 2 (2024–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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