CAMPBELL v. FLORIAN

No. 19-6417.

972 F.3d 385 (2020)

Marion Katrell CAMPBELL, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. Chris FLORIAN; David Tatarsky, Defendants-Appellants, and South Carolina Department of Corrections; Brian P. Stirling, Director of South Carolina Department of Corrections, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 20, 2020.

Amended: August 28, 2020.


Attorney(s) appearing for the Case

ARGUED: Charles Clifford Rollins , RICHARDSON PLOWDEN & ROBINSON, P.A., Columbia, South Carolina, for Appellants. Christopher P. Kenney , RICHARD A. HARPOOTLIAN P.A., Columbia, South Carolina, for Appellee. ON BRIEF: Eugene H. Matthews , RICHARDSON PLOWDEN & ROBINSON, P.A., Columbia, South Carolina, for Appellants. Richard A. Harpootlian , RICHARD A. HARPOOTLIAN P.A., Columbia, South Carolina; Charles W. Whetstone, Jr. , Cheryl F. Perkins , WHETSTONE, PERKINS & FULDA, LLC, Columbia, South Carolina; Philip A. Berlinsky , BERLINSKY AND LING, LLC, North Charleston, South Carolina, for Appellee.

Reversed by published opinion. Judge Richardson wrote the opinion, in which Judge Niemeyer and Judge Agee joined.


This suit raises interesting questions about the liability of government attorneys when an agency adopts their legal interpretation, but a court later disagrees. According to lawyers for the South Carolina Department of Corrections ("SCDC"), state law required Marion Campbell to serve at least eighty-five percent of his...

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