Legal Opinion

Heyward v. Christmas

Court of Appeals of South Carolina

Decided November 4, 2002No. 3562PublishedCited by 4 opinions

1Opinion of the Court

ANDERSON, J.:

Esau Heyward brought a civil action against Samuel Christmas, a South Carolina Highway Patrol trooper, alleging causes of action for negligence, assault and battery, and violation of 42 U.S.C. § 1983 by using excessive force in arresting Hey-ward. The circuit court granted Christmas a directed verdict. Heyward appeals, arguing that (1) the circuit court erred in granting Christmas a directed verdict; and (2) the circuit court erred in finding Christmas was entitled to qualified immunity. We reverse and remand.

FACTSIPROCEDURAL BACKGROUND

On February 16, 1996, Heyward worked until…

2Cases cited15 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Anderson v. CreightonSupreme Court of the United States · 1987
  4. Wilson v. LayneSupreme Court of the United States · 1999
  5. Brower Ex Rel. Estate of Caldwell v. County of InyoSupreme Court of the United States · 1989

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3Cited by4 opinions

  1. Ecclesiastes Production Ministries v. Outparcel Associates, LLCCourt of Appeals of South Carolina · 2007
  2. Hurd v. Williamsburg CountyCourt of Appeals of South Carolina · 2003
  3. Heyward v. ChristmasSupreme Court of South Carolina · 2004
  4. Hurd v. Williamsburg CountyCourt of Appeals of South Carolina · 2003

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