Johnny TIMPSON, BY AND THROUGH his Conservator, Sandra TIMPSON; Sandra Timpson, in her individual capacity, Plaintiffs-Appellants,
v.
ANDERSON COUNTY DISABILITIES AND SPECIAL NEEDS BOARD; Michelle Ricketson, Chairman of The Anderson County Disabilities and Special Needs Board; Dale Thompson, former Executive Director of The Anderson County Disabilities and Special Needs Board; Jerrel Lynn King, current Director of The Anderson County Disabilities and Special Needs Board; South Carolina Department of Disabilities And Special Needs, DDSN; Gary C. Lemel, Chairman, DDSN Commission; Beverly Buscemi, former Director of the South Carolina Department of Disabilities and Special Needs, in her individual capacity; South Carolina Department of Health and Human Services; Christian Soura, former Director of the South Carolina Department of Health and Human Services, in his individual capacity; Greenville County Disabilities and Special Needs Board; Robert M. Ariail, Chairman of the Board of Thrive Upstate, formerly known as the Greenville County Disabilities and Special Needs Board; Tyler Rex, Director of Thrive Upstate; Thrive Upstate; Henry Dargan McMaster, Governor of the State of South Carolina in his official capacity; Mary Poole, Director of the South Carolina Department of Disabilities and Special Needs; Joshua Baker, Director of the South Carolina Department of Health and Human Services; Nikki Haley, in her individual capacity, Defendants-Appellees, and
Unknown Actors, at the Anderson Disabilities and Special Needs Board; Unknown Actors, at the Greenville County Disabilities and Special Needs Board and/or Thrive Upstate, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: January 25, 2022.
Decided: April 7, 2022.
Attorney(s) appearing for the Case
ARGUED: Patricia L. Harrison , Cleveland, South Carolina, for Appellants. Patrick John Frawley , DAVIS FRAWLEY, LLC, Lexington, South Carolina, for Appellees. ON BRIEF: Robert C. Childs, III , Greenville, South Carolina, for Appellants. William H. Davidson, II , Kenneth P. Woodington , DAVIDSON, WREN & DEMASTERS, P.A., Columbia, South Carolina, for Appellees South Carolina Department of Disabilities and Special Needs, Lemel, and Buscemi. Damon C. Wlodarczyk , RILEY, POPE & LANEY, LLP, Columbia, South Carolina, for Appellees South Carolina Department of Health and Human Services and Soura. James W. Logan, Jr. , LOGAN & JOLLY, LLP, Anderson, South Carolina, for Appellee Henry McMaster, Governor of the State of South Carolina. Knox L. Haynsworth, III , BROWN, MASSEY, EVANS, MCLEOD & HAYNSWORTH, LLC, Greenville, South Carolina, for Appellees Thrive Upstate, formerly the Greenville County Disabilities & Special Needs Board, Arial, and Rex. Karl S. Bowers, Jr. , BOWERS LAW OFFICE, LLC, Columbia, South Carolina, for Appellee Nikki Haley.
Affirmed in part, vacated in part, and remanded by published opinion. Judge Agee wrote the opinion in which Judge Motz and Judge Wynn joined.
AGEE, Circuit Judge:
Johnny and Sandra Timpson (the "Timpsons") appeal from various preliminary orders of the district court and the entry of directed verdicts on several of their claims. For the following reasons, we affirm the district court's judgment in part, vacate it in part, and remand for further proceedings consistent with this opinion...
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