TARASHUK v. GIVENS

No. 21-1930, No. 21-1931.

53 F.4th 154 (2022)

Paul TARASHUK, Personal Representative of the Estate of Paul David Tarashuk Deceased, Plaintiff-Appellee, v. Jamie D. GIVENS, Defendant-Appellant, and Orangeburg County; Orangeburg County Emergency Medical Services; Danny Rivers; Orangeburg County Sheriff's Office; Leroy Ravenell, Individually and in his Official Capacity as the Sheriff of the Orangeburg County Sheriffs Office; South Carolina Department of Public Safety; Leroy Smith, Individually and in his Official Capacity as the Agency Director of the South Carolina Department of Public Safety; Town of Santee; Santee Police Department; Joseph Serrano, Individually and in his Official Capacity as the Chief of Police of the Town of Santee; Alison K. B. Harmon; Clifford A. Doroski; Fred D. Rice; Buist M. Smith; Keith A. Cline, Defendants. Paul Tarashuk, Personal Representative of the Estate of Paul David Tarashuk Deceased, Plaintiff-Appellee, v. Alison K. B. Harmon, Defendant-Appellant, and Jamie D. Givens; Orangeburg County; Orangeburg County Emergency Medical Services; Danny Rivers; Orangeburg County Sheriff's Office; Leroy Ravenell, Individually and in his Official Capacity as the Sheriff of the Orangeburg County Sheriffs Office; South Carolina Department of Public Safety; Leroy Smith, Individually and in his Official Capacity as the Agency Director of the South Carolina Department of Public Safety; Town of Santee; Santee Police Department; Joseph Serrano, Individually and in his Official Capacity as the Chief of Police of the Town of Santee; Clifford A. Doroski; Fred D. Rice; Buist M. Smith; Keith A. Cline Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: November 8, 2022.


Attorney(s) appearing for the Case

ARGUED: Andrew Lindemann , LINDEMANN & DAVIS, P.A., Columbia, South Carolina, for Appellants. Jordan Christopher Calloway , MCGOWAN, HOOD & FELDER, LLC, Rock Hill, South Carolina, for Appellee. ON BRIEF: William H. Davidson, II , DAVIDSON, WREN & DEMASTERS, P.A., Columbia, South Carolina, for Appellant Jamie Givens. G. Wade Cooper , BUYCK & SANDERS, LLC, Mt. Pleasant, South Carolina, for Appellant Alison KB Harmon. Russell T. Burke, MCGOWAN, HOOD & FELDER, LLC, Columbia, South Carolina, for Appellee.

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge King and Judge Agee joined.


Appellants Jamie Givens ("Givens") and Alison Harmon ("Harmon") (collectively, "Appellants") appeal the district court's denial of their respective summary judgment motions based on a qualified immunity defense to a 42 U.S.C. § 1983 claim for damages asserted by Paul Tarashuk ("Appellee"). Appellee initiated the underlying...

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