Chavous v. Brown

Gregory, Chief Justice:

This case is before us on a writ of certiorari to review the Court of Appeals’ decision reported at 299 S.C. 398, 385 S.E. (2d) 206 (Ct. App. 1989). The issue for our determination is whether Batson v. Kentucky, 476 U.S. 79,106 S. Ct. 1712, 90 L. Ed. (2d) 69 (1986), applies in a civil action. We hold it does not and reverse.

In Batson, the United States Supreme Court held the Equal Protection Clause of the Fourteenth Amendment applies to prohibit a state prosecutor in a criminal case from exercising peremptory challenges in a racially discriminatory manner. Since the…