KENNY v. WILSON

No. 17-1367.

885 F.3d 280 (2018)

Niya KENNY, on behalf of herself and all others similarly situated; Taurean Nesmith, on behalf of himself and all others similarly situated; Girls Rock Charleston Inc, on behalf of themselves and all others similarly situated; D.S., by and through her next of kin Juanita Ford, on behalf of herself and all others similarly situated; S.P., by and through her next of kin Melissa Downs, on behalf of herself and all others similarly situated, Plaintiffs-Appellants, v. Alan WILSON, in his official capacity as Attorney General of South Carolina, on behalf of himself and others similarly situated; J. ALTON CANNON, JR., in his official capacity as the Sheriff of Charleston County, SC; on behalf of himself and others similarly situated; Gregory G. Mullen, in his official capacity as the Chief of the Police Department of the City of Charleston, SC; on behalf of himself and others similarly situated; Eddie Driggers, Jr., in his official capacity as the Chief of the Police Department of the City of North Charleston, SC; on behalf of himself and others similarly situated; Carl Ritchie, in his official capacity as the Chief of the Police Department of the City of Mt. Pleasant, SC; on behalf of himself and others similarly situated; Leon Lott, in his official capacity as the Sheriff of Richland County, SC; on behalf of himself and others similarly situated; W.H. Holbrook, in his official capacity as the Chief of the Police Department of the City of Columbia, SC; on behalf of himself and others similarly situated; Steve Loftis, in his official capacity as the Sheriff of Greenville County, SC; on behalf of himself and others similarly situated; Ken Miller, in his official capacity as the Chief of the Police Department of the City of Greenville, SC; on behalf of himself and others similarly situated; Lance Crowe, in his official capacity as the Chief of the Police Department of the City of Travelers Rest, SC; on behalf of himself and others similarly situated; Michael D. Hanshaw, in his official capacity as Interim Chief of the Police Department of the City of Simpsonville, SC; on behalf of himself and others similarly situated; M. Bryan Turner, in his official capacity as the Chief of the Police Department of the City of Mauldin, SC; on behalf of himself and others similarly situated; Dan Reynolds, in his official capacity as the Chief of the Police Department of the City of Greer, SC; on behalf of himself and others similarly situated; A. Keith Morton, in his official capacity as the Chief of the Police Department of the City of Fountain Inn, SC; on behalf of himself and others similarly situated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 15, 2018.


Attorney(s) appearing for the Case

ARGUED: Sarah Hinger , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, INC., New York, New York, for Appellants. James Emory Smith, Jr. , OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina for Appellees Alan Wilson, M. Bryan Turner, and A. Keith Morton; Sandra J. Senn, SENN LEGAL, LLC, Charleston, South Carolina, for Appellees J. Alton Cannon, Jr., Gregory G. Mullen, and Eddie Driggers, Jr., ON BRIEF: Dennis D. Parker , Lenora M. Lapidus , Galen L. Sherwin , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, INC., New York, New York; Susan K. Dunn , AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTH CAROLINA, Charleston, South Carolina, for Appellants. Alan Wilson, Attorney General, Robert D. Cook , Solicitor General, Columbia, South Carolina, for Appellees Alan Wilson, M. Bryan Turner, Lance Crowe, A. Keith Morton and Michael D. Hanshaw. W. Michael Hemlepp, Jr. , CITY OF COLUMBIA ATTORNEY'S OFFICE, Columbia, South Carolina, for Appellee W.H. Holbrook. Anne R. Culbreath , WILLSON JONES CARTER AND BAXLEY, Greenville, South Carolina, for Appellee Steve Loftis. Michael S. Pitts , Logan M. Wells , CITY OF GREENVILLE, OFFICE OF THE CITY ATTORNEY, Greenville, South Carolina, for Appellee Ken Miller. Andrew F. Lindemann , DAVIDSON AND LINDEMANN PA, Columbia, South Carolina, for Appellee Carl Ritchie. Robert D. Garfield , Steven R. Spreeuwers , DAVIDSON and LINDEMANN PA, Columbia, South Carolina, for Appellee Leon Lott.

Vacated and remanded by published opinion. Judge Diaz wrote the opinion, in which Judge Duncan and Judge Xinis joined.


In this case, a group of former and current South Carolina students and a nonprofit organization filed suit under 42 U.S.C. § 1983 challenging S.C. Code Ann. § 16-17-420 (the "Disturbing Schools Law") and S.C. Code Ann. § 16-17-530 (the "Disorderly Conduct Law") as unconstitutionally vague. The district court...

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