S.C. Town Council Has Qualified Immunity From Free Speech Suit

Nov. 3, 2023, 1:22 AM UTC

A South Carolina town defeated a Florida resident’s bid to revive his free speech and abuse of process claims, stemming from him speaking out against council members for approving a Chamber of Commerce contract, the Fourth Circuit ruled.

The district court granted the Hilton Head Island Town Council members qualified immunity against Calvin Hoagland’s free speech claim, which the US Court of Appeals for the Fourth Circuit affirmed Wednesday. The appeals court also agreed with the lower court that Hoagland didn’t point to evidence that created a genuine dispute of material fact as to the “‘ulterior purpose’ or ‘willful act’ ...

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