Case: Disability Rights South Carolina v. McMaster

3:21-cv-02728 | U.S. District Court for the District of South Carolina

Filed Date: Aug. 24, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about a South Carolina ban on public primary and secondary school mask mandates during the COVID-19 pandemic. In June 2021, the South Carolina legislature passed its general budget, which included a proviso prohibiting school districts from using appropriated funds to impose mask mandates in schools. On August 24, 2021, Disability Rights South Carolina, Able South Carolina, and parents of South Carolina public school students with disabilities sued the South Carolina governor, attorney general, State Superintendent of Education, and several school districts in the District of South Carolina over the proviso. Represented by the South Carolina and national ACLU chapters, Disability Rights South Carolina, the South Carolina Appleseed Legal Justice Center, and private counsel, the parents and disability organizations alleged that enforcement of the proviso would violate Title II of the Americans with Disabilities Act, section 504 of the Rehabilitation Act of 1973, and was preempted by the American Rescue Plan Act of 2021. The parents and disability organizations sought declaratory and injunctive relief and attorneys' fees, and moved for a temporary restraining order and preliminary injunction on August 26, 2021. The case was assigned to Judge Mary Geiger Lewis.

On September 10, 2021, the school districts and state officials replied in opposition of the TRO and preliminary injunction, and the governor moved to dismiss the complaint for failure to state a claim. Additional motion practice ensued, including the attorney general's motion to dismiss for failure to state a claim and lack of jurisdiction on September 16.

On September 28, 2021, the district court denied the attorney general's motion for dismiss and granted the TRO and preliminary injunction. With respect to the motion to dismiss, Judge Mary Geiger Lewis found that the disability organizations and parents did have standing to sue the attorney general --- they suffered an injury to their legal interests (the court did not elaborate on the legal interests that would be injured) that was fairly traceable to the attorney general's responsibility to enforce mask provisio and would be redressed by an injunction against his enforcement of the law. The attorney general's memorandum to and lawsuit against the City of Columbia for their mask mandate demonstrated his enforcement of the law. And, the court found, Title II of the ADA abrogated the attorney general's sovereign immunity.

In a separate opinion issued on September 28, 2021, Judge Lewis found that the disability organizations and parents had met the requirements for injunctive relief. The court found that plaintiffs would likely succeed on their merits argument that the reasonable accomodation provisions in the ADA and Rehabilitation Act required schools to have the discretion to impose mask mandates so students with disabilities could participate in in-person learning with their peers. Since the parents would suffer irreparable harm if their children contracted COVID-19, and there was "little harm" in enjoining the governor and attorney general from enforcing the anti-mask policy, the court granted a preliminary injunction and TRO as to those defendants. The court further enjoined "any party[]," including the remaining defendants, from enforcing the anti-mask rule because it violated federal law. 564 F.Supp.3d 413.

The governor and attorney general filed an interlocutory appeal to the Fourth Circuit on September 29, 2021, and moved to stay the preliminary injunction and TRO pending its appeal on September 30. Docket 21-2070. The disability organizations and parents filed their reply on October 1, and the officials responded on October 2. On October 5, the court of appeals denied the motion for stay of a judgment pending appeal because Federal Rule of Appellate Procedure 8(a)(1)(A) requirede such a motion be filed in the district court first, and remanded for further consideration there.

Further motion practice followed in the district court. Additionally, the disability organizations and parents filed an amended complaint on October 18, 2021, correcting the spelling of a parent plantiff's name and the name of one of the school board defendants.

On November 1, 2021, the district court denied the governor and attorney general's motion to stay its September 28 TRO and preliminary injunction. Judge Lewis repeated the reasoning from her September 28 opinion in finding that the governor and attorney general had not satisfied the requirements for the court to grant a stay of its prior opinion. 2021 WL 5054087.

On November 2, 2021, the attorney general and governor moved again in the Fourth Circuit for a stay of the TRO and preliminary injunction pending resolution of its interlocutory appeal. Motion practice ensued in the court of appeals. The United States filed a brief as amicus curiae in support of the plaintiffs on November 30. Oral argument took place on December 9.

The Fourth Circuit on January 25, 2022 vacated the district court's injunctive relief as to the attorney general and governor. Judge Stephanie Thacker wrote the panel opinion, in which judge Paul Niemeyer joined and Judge James Wynn dissented. The court found that the disability organizations and parents did not have standing to sue either the governor or attorney general because their injuries were not traceable to nor redressable by the officials. On traceability, the court noted the governor had no specific authority to enforce the challenged provisio, only general law enforcement powers. The district court's finding that the attorney general's actions against the City of Columbia were insufficient to support traceability because the City of Columbia was not a defendant in the suit. The court further noted that none of the defendant school boards have rescinded a mask mandate in response to the anti-mask proviso. On redressability, the court of appeals found that the governor could not enforce the law, and the attorney general had not implemented or threatened to enforce it. Further, none of the defendant school districts had implemented mask mandates in response to the district court's injunction. And, the court found, the provisio did not prohibit mask mandates per se, it only prohibited school districts from using funds from the 2021-2022 budget to do so. The court noted that the Charleston, SC school district did in fact impose a brief mask mandate in early January 2022. In light of these findings, the court found that an injunction would not likely redress plaintiff's injuries. The court concluded its opinion with an order to vacate the district court's injunctive relief and to dismiss the claims against the attorney general and governor for lack of standing. 24 F.4th 893.

The Fourth Circuit opinion was the last action in this case as of February 14, 2022. The injunction remains in effect as to the specific school districts and the state superintendent of education. The case is ongoing.

Summary Authors

John Juenemann (2/13/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60313440/parties/disability-rights-south-carolina-v-spearman/

Judge(s)

Attorney for Plaintiff

Barker, Rita Bolt (South Carolina)

Attorney for Defendant

Attorney, Michael G. (South Carolina)

Barlow, Thomas Kennedy (South Carolina)

Expert/Monitor/Master/Other

Attorney, Bonnie Ilene (South Carolina)

Brown, Elizabeth M. (South Carolina)

Judge(s)

Lewis, Mary Geiger (South Carolina)

Attorney for Plaintiff

Barker, Rita Bolt (South Carolina)

Calvo-Friedman, Jennesa N. (South Carolina)

Chaney, David Allen (South Carolina)

Conner, Anna Maria (South Carolina)

Dong, Byron Randall (South Carolina)

Esq., John A. (South Carolina)

Franze, Anthony J. (South Carolina)

Freedman, John Arak (South Carolina)

Hess, Amanda Carolyn (South Carolina)

Jr, David Allen (South Carolina)

Melling, Louise (South Carolina)

Mizner, Susan (South Carolina)

Protheroe, Adam (South Carolina)

Theodore, Elisabeth S. (South Carolina)

Williamson, Tara Lynn (South Carolina)

Attorney for Defendant

Attorney, Michael G. (South Carolina)

Barlow, Thomas Kennedy (South Carolina)

Cook, Robert Dewayne (South Carolina)

Duff, David T (South Carolina)

Esq., Thomas Ashley (South Carolina)

Esq., William Grayson (South Carolina)

General, James Emory (South Carolina)

Hanna, Allison A (South Carolina)

Hazelwood, Cathy Lynne (South Carolina)

Hydrick, Thomas T. (South Carolina)

Jr, James Emory (South Carolina)

Jr, Thomas Ashley (South Carolina)

Jr, Leslie Arlen (South Carolina)

Lambert, William Grayson (South Carolina)

Lyon, David Nelson (South Carolina)

Reagle, John M (South Carolina)

Wilson, Alan (South Carolina)

Other

Attorney, Bonnie Ilene (South Carolina)

Brown, Elizabeth M. (South Carolina)

Clarke, Kristen (South Carolina)

DeHart, Michael Rhett (South Carolina)

Dubner, Jeffrey B. (South Carolina)

Foster, Sydney (South Carolina)

Lev, Sean A. (South Carolina)

Lopez, Francisco Lopez (South Carolina)

Morton, Jessica Anne (South Carolina)

Philo, Alisa Claire (South Carolina)

Rohmiller, Mary (South Carolina)

Spence, Samara Michelle (South Carolina)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 3:21-cv-02728	Complaint for Declaratory and Injunctive Relief	Aug. 24, 2021	Aug. 24, 2021 Complaint
16 3:21-cv-02728	Motion for Temporary Restraining Order and Preliminary Injunction	Aug. 26, 2021	Aug. 26, 2021 Pleading / Motion / Brief
79 3:21-cv-02728	Memorandum Opinion and Order Denying Denying the Attorney General's Motion to Dismiss Under FED. R. CIV. P. 12(B)(1)	Sept. 28, 2021	Sept. 28, 2021 Order/Opinion 2021 WL 4449446
80 3:21-cv-02728	Memorandum Opinion and Order Granting Plantiffs' Motions for a Temporary Restraining Order and a Preliminary Injunction	Sept. 28, 2021	Sept. 28, 2021 Order/Opinion 564 F.Supp.3d 413
102 3:21-cv-02728	Amended Complaint for Declaratory and Injunctive Relief	Oct. 18, 2021	Oct. 18, 2021 Complaint
115 3:21-cv-02728	Memorandum Opinion and Order Denying Governor McMaster and AG Wilson's Motion for a Stay	Nov. 1, 2021	Nov. 1, 2021 Order/Opinion
1 21-02070	Brief for the United States as Amicus Curiae in Support of Plaintiffs-Appellees on the Issues Addressed Herein	Nov. 30, 2021	Nov. 30, 2021 Pleading / Motion / Brief
1 21-02070	Fourth Circuit Opinion U.S. Court of Appeals for the Fourth Circuit	Jan. 25, 2022	Jan. 25, 2022 Order/Opinion 24 F.4th 893

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60313440/disability-rights-south-carolina-v-spearman/

Last updated Aug. 28, 2026, 5:04 a.m.

Docket for: Disability Rights South Carolina v. Spearman

ECF Number	Date	Description	Link
1	Aug. 24, 2021	COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0420-10033695.), filed by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Disability Rights South Carolina, Tamica Grant, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Service due by 11/22/2021(asni, ) (Entered: 08/24/2021)	Clearinghouse
2	Aug. 24, 2021	Local Rule 26.01 Answers to Interrogatories by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova.(asni, ) (Entered: 08/24/2021)	RECAP
4	Aug. 24, 2021	Summons Issued as to Henry McMaster. (asni, ) (Entered: 08/24/2021)	RECAP
5	Aug. 24, 2021	Summons Issued as to Alan Wilson. (asni, ) (Entered: 08/24/2021)	RECAP
6	Aug. 24, 2021	Summons Issued as to Molly Spearman. (asni, ) (Entered: 08/24/2021)	RECAP
7	Aug. 24, 2021	Summons Issued as to Greenville County School Board. (asni, ) (Entered: 08/24/2021)	RECAP
8	Aug. 24, 2021	Summons Issued as to Horry County School Board. (asni, ) (Entered: 08/24/2021)	RECAP
9	Aug. 24, 2021	Summons Issued as to Lexington County School Board One. (asni, ) (Main Document 9 replaced on 8/25/2021) (asni, ). (Entered: 08/24/2021)	RECAP
10	Aug. 24, 2021	Summons Issued as to Oconee County School Board. (asni, ) (Entered: 08/24/2021)	RECAP
11	Aug. 24, 2021	Summons Issued as to Dorchester County School Board Two. (asni, ) (Entered: 08/24/2021)	RECAP
12	Aug. 24, 2021	Summons Issued as to Charleston County School Board. (asni, ) (Entered: 08/24/2021)	RECAP
13	Aug. 24, 2021	Summons Issued as to Pickens County School Board. (asni, ) (Entered: 08/24/2021)	RECAP
14	Aug. 25, 2021	Case Reassigned to Judge Honorable Mary Geiger Lewis. Judge Honorable J Michelle Childs no longer assigned to the case. (glev, ) (Entered: 08/25/2021)	RECAP
15	Aug. 25, 2021	MOTION to Amend/Correct 1 Complaint, Amend Case Caption by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. Response to Motion due by 9/8/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Barker, Rita) (Entered: 08/25/2021)	RECAP
16	Aug. 26, 2021	MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction ( Response to Motion due by 9/9/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. (Attachments: # 1 Memo in Support, # 2 Saul Declaration and CV, # 3 Attorney Declaration and Exhibits, # 4 McDougald Scott Declaration, # 5 Poetz Declaration, # 6 Tsykalova Declaration, # 7 Price Declaration, # 8 Littleton Declaration, # 9 Boevers Declaration, # 10 Copeland Declaration, # 11 Grant Declaration, # 12 Finney Declaration)No proposed order.(Chaney, David) (Attachment 1 replaced on 8/26/2021) (cbru, ). Modified to edit text on 8/26/2021 (cbru, ). (Attachment 4 replaced on 8/27/2021) (cbru, ). (Attachment 6 replaced on 8/27/2021) (cbru, ). (Attachment 5 replaced on 8/27/2021) (cbru, ). (Attachment 11 replaced on 8/27/2021) (cbru, ). (Attachment 9 replaced on 8/27/2021) (cbru, ). (Attachment 12 replaced on 8/27/2021) (cbru, ). Supplement filed as entry 41 on 9/7/2021 (cbru, ). Supplement filed as entry 78 on 9/27/2021 (cbru, ). (Entered: 08/26/2021) 1 Memo in Support View on PACER 2 Saul Declaration and CV View on RECAP 3 Attorney Declaration and Exhibits View on PACER 4 McDougald Scott Declaration View on PACER 5 Poetz Declaration View on PACER 6 Tsykalova Declaration View on PACER 7 Price Declaration View on PACER 8 Littleton Declaration View on PACER 9 Boevers Declaration View on PACER 10 Copeland Declaration View on PACER 11 Grant Declaration View on PACER 12 Finney Declaration View on RECAP	Clearinghouse
17	Aug. 26, 2021	TEXT ORDER granting 15 MOTION to Amend/Correct 1 Complaint to Amend Case Caption. Signed by Honorable Mary Geiger Lewis on 8/26/2021. (cbru, ) (Entered: 08/26/2021)	RECAP
18	Aug. 30, 2021	ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Charleston County School Board served on 8/27/2021, answer due 9/17/2021. (Attachments: # 1 Acceptance of Service for Defendant Charleston County School Board) Refiled by the Clerk to correct event type. (cbru, ) (Entered: 08/30/2021)	RECAP
19	Aug. 30, 2021	TEXT ORDER: Defendants shall file their response[s] to Plaintiffs' motions for a temporary restraining order and for a preliminary injunction 16 not later than 5:00 PM on Friday, September 3, 2021; and Plaintiffs shall file their reply/replies to Defendants' response[s] not later than 12:00 Noon on Tuesday, September 7, 2021. The Court will set a hearing on the motions if it deems one is necessary. Plaintiffs shall provide, by service or otherwise, a copy of this order to each Defendant forthwith. IT IS SO ORDERED. (Response to Motion due by 9/3/2021, Reply to Response to Motion due by 9/7/2021) Signed by Honorable Mary Geiger Lewis on 8/30/2021. (cbru, ) (Entered: 08/30/2021)	RECAP
20	Aug. 30, 2021	SUMMONS Returned Executed by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Alan Wilson served on 8/30/2021, answer due 9/20/2021. (Attachments: # 1 Affidavit of Service on Alan Wilson)(Barker, Rita) (Entered: 08/30/2021)	RECAP
21	Aug. 31, 2021	ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Greenville County School Board served on 8/31/2021, answer due 9/21/2021. (Attachments: # 1 Acceptance of Service for Greenville County School Board)(Barker, Rita) (Entered: 08/31/2021)	RECAP
22	Aug. 31, 2021	ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Dorchester County School Board Two served on 8/30/2021, answer due 9/20/2021. (Attachments: # 1 Acceptance of Service for Dorchester County School Board Two)(Barker, Rita) (Entered: 08/31/2021)	RECAP
23	Aug. 31, 2021	ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Henry McMaster served on 8/30/2021, answer due 9/20/2021. (Attachments: # 1 Acceptance of Service for Governor Henry McMaster)(Barker, Rita) (Entered: 08/31/2021)	RECAP
24	Aug. 31, 2021	MOTION to Appear Pro Hac Vice by Tara Williamson (Filing fee $350 receipt number 0420-10047285) by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. Response to Motion due by 9/14/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Certificate of Good Standing)No proposed order.(Chaney, David) (Main Document 24 replaced on 8/31/2021) (cbru, ). (Additional attachment(s) added on 8/31/2021: # 2 Application/Affidavit) (cbru, ). Modified to edit text on 8/31/2021 (cbru, ). (Entered: 08/31/2021) 1 Certificate of Good Standing View on RECAP 2 Application/Affidavit View on RECAP	RECAP
25	Aug. 31, 2021	NOTICE of Appearance by James Emory Smith, Jr on behalf of Alan Wilson (Smith, James) (Entered: 08/31/2021)	RECAP
26	Aug. 31, 2021	MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Alan Wilson. Response to Motion due by 9/14/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 SC Supreme Court calendar)No proposed order.(Smith, James) Modified to link correct event to associated event and to edit text on 8/31/2021 (cbru, ). (Entered: 08/31/2021)	RECAP
29	Aug. 31, 2021	ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Pickens County School Board served on 8/31/2021, answer due 9/21/2021. (Attachments: # 1 Acceptance of Service for Pickens County School Board)(Barker, Rita) (Entered: 08/31/2021)	RECAP
31	Aug. 31, 2021	TEXT ORDER: The deadline for Defendants to file their response[s] to Plaintiffs' motions for a temporary restraining order and for a preliminary injunction 16 is hereby extended to not later than 5:00 PM on Friday, September 10, 2021; and the deadline for Plaintiffs to file their reply/replies to Defendants' response[s] is hereby extended to not later than 12:00 Noon on Tuesday, September 14, 2021. The Court will set a hearing on the motions if it deems one is necessary. Plaintiffs shall provide, by service or otherwise, a copy of this order to each Defendant forthwith. IT IS SO ORDERED. IT IS FURTHER ORDERED that Defendant Alan Wilson's motion for extension of time 26 is hereby granted. (Response to Motion due by 9/10/2021, Reply to Response to Motion due by 9/14/2021) Signed by Honorable Mary Geiger Lewis on 8/31/2021. (cbru, ) (Entered: 08/31/2021)	RECAP
32	Aug. 31, 2021	TEXT ORDER granting 24 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 8/31/2021.(cbru, ) (Entered: 08/31/2021)	RECAP
34	Sept. 1, 2021	NOTICE of Appearance by Leslie Arlen Cotter, Jr on behalf of Molly Spearman (Cotter, Leslie) (Entered: 09/01/2021)	RECAP
35	Sept. 1, 2021	NOTICE of Appearance by Cathy Lynne Hazelwood on behalf of Molly Spearman (Hazelwood, Cathy) (Entered: 09/01/2021)	RECAP
36	Sept. 1, 2021	Local Rule 26.01 Answers to Interrogatories by Molly Spearman.(Cotter, Leslie) (Entered: 09/01/2021)	RECAP
37	Sept. 1, 2021	ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Molly Spearman served on 8/30/2021, answer due 9/20/2021. (Attachments: # 1 Acceptance of Service for Molly Spearman)(Barker, Rita) (Entered: 09/01/2021)	RECAP
38	Sept. 2, 2021	Local Rule 26.01 Answers to Interrogatories by Henry McMaster.(Lambert, William) (Entered: 09/02/2021)	RECAP
39	Sept. 3, 2021	ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Lexington County School Board One served on 9/2/2021, answer due 9/23/2021. (Barker, Rita) Modified to add filers listed on document on 9/3/2021 (cbru, ). (Main Document 39 replaced on 9/7/2021) (cbru, ). (Additional attachment(s) added on 9/7/2021: # 1 Acceptance of Service for Lexington County School Board One) (cbru, ). (Entered: 09/03/2021)	RECAP
41	Sept. 7, 2021	SUPPLEMENT by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova to 16 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit A - G.S. v. Lee Order, # 2 Exhibit B - Scott v. DeSantis Order)(Chaney, David) Modified to edit text on 9/7/2021 (cbru, ). (Entered: 09/07/2021)	RECAP
42	Sept. 7, 2021	SUMMONS Returned Executed by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Horry County School Board served on 9/7/2021, answer due 9/28/2021. (Attachments: # 1 Affidavit of Service for Horry County School Board)(Barker, Rita) (Entered: 09/07/2021)	RECAP
43	Sept. 8, 2021	MOTION to Appear Pro Hac Vice by John A. Freedman (Filing fee $350 receipt number 0420-10059043) by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. Response to Motion due by 9/22/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application/Affidavit, # 2 Certificate of Good Standing)No proposed order.(Chaney, David) Modified to edit text on 9/8/2021 (cbru, ). (Attachment 1 replaced on 9/29/2021) (cbru, ). (Entered: 09/08/2021)	RECAP
44	Sept. 8, 2021	NOTICE of Request for Protection from Court Appearance by James Emory Smith, Jr for Sept. 27 & 30; Oct. 1, 7 & 8 (Smith, James) (Entered: 09/08/2021)	RECAP
45	Sept. 10, 2021	ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Oconee County School Board served on 9/9/2021, answer due 9/30/2021. (Attachments: # 1 Acceptance of Service for Oconee County School Board)(Barker, Rita) (Entered: 09/10/2021)	RECAP
46	Sept. 10, 2021	NOTICE of Appearance by John M Reagle on behalf of Charleston County School Board, Dorchester County School Board Two, Greenville County School Board, Horry County School Board, Oconee County School Board, Pickens County School Board (Reagle, John) (Entered: 09/10/2021)	RECAP
47	Sept. 10, 2021	NOTICE of Appearance by Thomas Kennedy Barlow on behalf of Charleston County School Board, Dorchester County School Board Two, Greenville County School Board, Horry County School Board, Oconee County School Board, Pickens County School Board (Barlow, Thomas) (Entered: 09/10/2021)	RECAP
48	Sept. 10, 2021	NOTICE of Appearance by Allison A Hanna on behalf of Charleston County School Board, Dorchester County School Board Two, Greenville County School Board, Horry County School Board, Oconee County School Board, Pickens County School Board (Hanna, Allison) (Entered: 09/10/2021)	RECAP
49	Sept. 10, 2021	Local Rule 26.01 Answers to Interrogatories by Charleston County School Board.(Reagle, John) (Entered: 09/10/2021)	RECAP
50	Sept. 10, 2021	Local Rule 26.01 Answers to Interrogatories by Dorchester County School Board Two.(Reagle, John) (Entered: 09/10/2021)	RECAP
51	Sept. 10, 2021	Local Rule 26.01 Answers to Interrogatories by Greenville County School Board.(Reagle, John) (Entered: 09/10/2021)	RECAP
52	Sept. 10, 2021	Local Rule 26.01 Answers to Interrogatories by Oconee County School Board.(Reagle, John) (Entered: 09/10/2021)	RECAP
53	Sept. 10, 2021	Local Rule 26.01 Answers to Interrogatories by Pickens County School Board.(Reagle, John) (Entered: 09/10/2021)	RECAP
54	Sept. 10, 2021	RESPONSE in Opposition re 16 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction Response filed by Charleston County School Board, Dorchester County School Board Two, Greenville County School Board, Horry County School Board, Oconee County School Board, Pickens County School Board.Reply to Response to Motion due by 9/17/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1 - Memorandum from SCDE to S.C. Districts)(Reagle, John) Modified to edit text on 9/10/2021 (cbru, ). (Main Document 54 replaced on 9/10/2021) (cbru, ). (Main Document 54 replaced on 9/13/2021) (cbru, ). (Entered: 09/10/2021) 1 Exhibit 1 - Memorandum from SCDE to S.C. Districts View on PACER	RECAP
55	Sept. 10, 2021	RESPONSE in Opposition re 16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Response filed by Alan Wilson.Reply to Response to Motion due by 9/17/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Smith, James) (Entered: 09/10/2021)	RECAP
56	Sept. 10, 2021	Local Rule 26.01 Answers to Interrogatories by Alan Wilson.(Smith, James) (Entered: 09/10/2021)	RECAP
57	Sept. 10, 2021	RESPONSE to Motion re 16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Response filed by Molly Spearman.Reply to Response to Motion due by 9/17/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Cotter, Leslie) (Entered: 09/10/2021)	RECAP
58	Sept. 10, 2021	RESPONSE in Opposition re 16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Response filed by Henry McMaster.Reply to Response to Motion due by 9/17/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Lambert, William) (Entered: 09/10/2021)	RECAP
59	Sept. 10, 2021	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Henry McMaster. Response to Motion due by 9/24/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Limehouse, Thomas) (Entered: 09/10/2021)	RECAP
60	Sept. 10, 2021	NOTICE of Appearance by David Nelson Lyon on behalf of Lexington County School Board One (Lyon, David) (Entered: 09/10/2021)	RECAP
61	Sept. 10, 2021	RESPONSE in Opposition re 16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Response filed by Lexington County School Board One.Reply to Response to Motion due by 9/17/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1 - Memorandum dated August 18, 2021)(Lyon, David) Modified to add description to attachment on 9/13/2021 (cbru, ). (Entered: 09/10/2021)	RECAP
62	Sept. 10, 2021	Local Rule 26.01 Answers to Interrogatories by Lexington County School Board One.(Lyon, David) (Entered: 09/10/2021)	RECAP
63	Sept. 13, 2021	MOTION for Leave to File Excess Pages in Reply by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. Response to Motion due by 9/27/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Chaney, David) (Entered: 09/13/2021)	RECAP
64	Sept. 13, 2021	TEXT ORDER: Defendants Henry McMaster, Alan Wilson, Molly Spearman, and Oconee County School Board shall file a response to Plaintiff's 63 MOTION for Leave to File Excess Pages no later than 11:00pm today, September 13, 2021. IT IS SO ORDERED. (Response to Motion due by 9/13/2021) Signed by Honorable Mary Geiger Lewis on 9/13/2021. (cbru, ) (Entered: 09/13/2021)	RECAP
65	Sept. 13, 2021	RESPONSE to Motion re 63 MOTION for Leave to File Excess Pages in Reply Response filed by Alan Wilson.Reply to Response to Motion due by 9/20/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Smith, James) (Entered: 09/13/2021)	RECAP
66	Sept. 13, 2021	MOTION to Amend/Correct 63 MOTION for Leave to File Excess Pages in Reply by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. Response to Motion due by 9/27/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Amended Motion for Leave to File Excess Pages in Reply)No proposed order.(Chaney, David) (Entered: 09/13/2021)	RECAP
67	Sept. 13, 2021	RESPONSE in Opposition re 63 MOTION for Leave to File Excess Pages in Reply Response filed by Henry McMaster.Reply to Response to Motion due by 9/20/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Lambert, William) (Entered: 09/13/2021)	RECAP
68	Sept. 14, 2021	TEXT ORDER: Pending before the Court is Plaintiffs' 63 motion for leave to file an oversized reply of no more than thirty-five pages. Having carefully considered Plaintiffs' motion, the responses, the record, and the applicable law, it is the judgment of the Court that Plaintiffs' motion is GRANTED. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 9/14/2021.(cbru, ) (Entered: 09/14/2021)	RECAP
69	Sept. 14, 2021	TEXT ORDER finding as moot 66 Motion to Amend/Correct. Signed by Honorable Mary Geiger Lewis on 9/14/2021.(cbru, ) (Entered: 09/14/2021)	RECAP
70	Sept. 14, 2021	REPLY to Response to Motion re 16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Response filed by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. (Attachments: # 1 Exhibit A - The Arc of Iowa v. Reynolds (Iowa TRO))(Chaney, David) Modified to edit text on 9/14/2021 (cbru, ). (Entered: 09/14/2021) 1 Exhibit A - The Arc of Iowa v. Reynolds (Iowa TRO) View on PACER	RECAP
71	Sept. 16, 2021	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction ( Response to Motion due by 9/30/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Alan Wilson. (Attachments: # 1 Memo in Support)No proposed order.(Smith, James) (Entered: 09/16/2021) 1 Memo in Support View on PACER	RECAP
72	Sept. 20, 2021	Consent MOTION for Extension of Time to File Answer re 1 Complaint by Molly Spearman. Response to Motion due by 10/4/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Cotter, Leslie) Modified to link correct event to associated event on 9/20/2021 (cbru, ). (Entered: 09/20/2021)	RECAP
73	Sept. 20, 2021	TEXT ORDER granting 72 Motion for Extension of Time to Answer re 1 Complaint. (Molly Spearman answer due 10/29/2021) Signed by Honorable Mary Geiger Lewis on 9/20/2021.(cbru, ) (Entered: 09/20/2021)	RECAP
75	Sept. 23, 2021	TEXT ORDER: Plaintiffs shall file a response to Defendant Alan Wilson's 71 Motion to Dismiss no later than 12:00pm on September 27, 2021. IT IS SO ORDERED. (Response to Motion due by 9/27/2021) Signed by Honorable Mary Geiger Lewis on 9/23/2021. (cbru, ) Modified to edit text to correct scrivener's error on 9/23/2021 (cbru, ). (Entered: 09/23/2021)	RECAP
76	Sept. 23, 2021	RESPONSE in Opposition re 59 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction. Response filed by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova.Reply to Response to Motion due by 9/30/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit A - Charleston Mask Enforcement, # 2 Exhibit B - Charleston Reopening Plan, # 3 Exhibit C - Richland 2 Reopening Plan, # 4 Exhibit D - Oconee Reopening Plan, # 5 Exhibit E - Oconee Mask Guidance, # 6 Exhibit F - Greenville Reopening Plan, # 7 Exhibit G - Children's Hospital COVID-19, # 8 Exhibit H - SCDOE Synopsis of Emergency Regulation, # 9 Exhibit I - Executive Order 2020-50, # 10 Exhibit J - SCDHEC Science on Mask Use)(Chaney, David) Modified to edit text on 9/23/2021 (cbru, ). Modified to remove filer not listed on document on 9/28/2021 (cbru, ). Supplement filed as entry 78 on 9/27/2021 (Entered: 09/23/2021) 1 Exhibit A - Charleston Mask Enforcement View on PACER 2 Exhibit B - Charleston Reopening Plan View on PACER 3 Exhibit C - Richland 2 Reopening Plan View on PACER 4 Exhibit D - Oconee Reopening Plan View on PACER 5 Exhibit E - Oconee Mask Guidance View on PACER 6 Exhibit F - Greenville Reopening Plan View on PACER 7 Exhibit G - Children's Hospital COVID-19 View on PACER 8 Exhibit H - SCDOE Synopsis of Emergency Regulation View on PACER 9 Exhibit I - Executive Order 2020-50 View on PACER 10 Exhibit J - SCDHEC Science on Mask Use View on PACER	RECAP
77	Sept. 24, 2021	REPLY to Response to Motion re 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Response filed by Alan Wilson. (Smith, James) (Entered: 09/24/2021)	RECAP
78	Sept. 27, 2021	SUPPLEMENT by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova to 16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 76 Response in Opposition to Motion. Notice of Supplemental Authority. (Attachments: # 1 S.B. v. Lee, # 2 R.K. v. Lee)(Chaney, David) Modified to remove filer not listed on document, to link correct event to associated event, and to edit text on 9/28/2021 (cbru, ). (Entered: 09/27/2021)	RECAP
79	Sept. 28, 2021	MEMORANDUM OPINION AND ORDER denying 71 Motion to Dismiss for Lack of Jurisdiction. Signed by Honorable Mary Geiger Lewis on 9/28/2021.(cbru, ) (Entered: 09/28/2021)	Clearinghouse
80	Sept. 28, 2021	MEMORANDUM OPINION AND ORDER granting 16 Motion for TRO; granting 16 Motion for Preliminary Injunction. Signed by Honorable Mary Geiger Lewis on 9/28/2021.(cbru, ) (Entered: 09/28/2021)	Clearinghouse
81	Sept. 29, 2021	TEXT ORDER granting 43 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 9/29/2021.(cbru, ) (Entered: 09/29/2021)	RECAP
82	Sept. 29, 2021	NOTICE OF INTERLOCUTORY APPEAL as to 80 Order on Motion for TRO, Order on Motion for Preliminary Injunction by Henry McMaster, Alan Wilson. Filing fee $ 505, receipt number 0420-10100043. The Docketing Statement form, Transcript Order form, and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Limehouse, Thomas) (Main Document 82 replaced on 9/29/2021) (cbru, ). Modified to add filer listed on document on 9/29/2021 (cbru, ). (Entered: 09/29/2021)	RECAP
83	Sept. 29, 2021	Transmittal Sheet for Notice of Appeal to USCA re 82 Notice of Interlocutory Appeal. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (cbru, ) (Entered: 09/29/2021)	RECAP
85	Oct. 5, 2021	ORDER of USCA as to 82 Notice of Interlocutory Appeal, remanding the appellant's emergency motion for stay for consideration by the district court in the first instance. (cbru, ) (Entered: 10/05/2021)	RECAP
86	Oct. 5, 2021	Originally filed at 4CCA MOTION to Stay re 80 Order on Motion for TRO, Order on Motion for Preliminary Injunction by Henry McMaster. Response to Motion due by 10/19/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Certificate of Compliance, # 2 Certificate of Service and Filing, # 3 Appendix)No proposed order.(cbru, ) Supplement filed as entry 87 on 10/5/2021 (cbru, ). Supplement filed as entry 88 on 10/6/2021 (cbru, ). (Entered: 10/05/2021) 1 Certificate of Compliance View on PACER 2 Certificate of Service and Filing View on PACER 3 Appendix View on PACER	RECAP
87	Oct. 5, 2021	SUPPLEMENT by Henry McMaster to 86 MOTION to Stay re 80 Order on Motion for TRO, Order on Motion for Preliminary Injunction. (Attachments: # 1 Appellees' Response to Motion to Stay, # 2 Appellants' Reply to Response to Motion to Stay) Refiled by the Clerk to correct event type. (cbru, ) (Entered: 10/05/2021) 1 View on RECAP	RECAP
88	Oct. 6, 2021	SUPPLEMENT by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova to 86 MOTION to Stay re 80 Order on Motion for TRO, Order on Motion for Preliminary Injunction Supplement Opposing Stay of Injunction. (Attachments: # 1 Exhibit A - AAP Children and COVID-19 State Data Report, # 2 Exhibit B - CDC Mask Study 1, # 3 Exhibit C - CDC Mask Study 2, # 4 Exhibit D - Colorado Masking Analysis, # 5 Exhibit E - Ohio Masking Analysis, # 6 Exhibit F - Texas Masking Analysis, # 7 Exhibit G - Brief of Amicus Curiae AAP)(Chaney, David) Modified to remove filer not listed on document and to edit text on 10/6/2021 (cbru, ). (Main Document 88 replaced on 10/7/2021) (cbru, ). (Entered: 10/06/2021)	RECAP
89	Oct. 11, 2021	ANSWER to 1 Complaint, by Pickens County School Board.(Hanna, Allison) (Entered: 10/11/2021)	RECAP
90	Oct. 11, 2021	ANSWER to 1 Complaint, by Charleston County School Board.(Reagle, John) (Entered: 10/11/2021)	RECAP
91	Oct. 11, 2021	ANSWER to 1 Complaint, by Dorchester County School Board Two.(Reagle, John) (Entered: 10/11/2021)	RECAP
92	Oct. 11, 2021	ANSWER to 1 Complaint, by Greenville County School Board.(Reagle, John) (Entered: 10/11/2021)	RECAP
93	Oct. 11, 2021	ANSWER to 1 Complaint, by Horry County School Board.(Reagle, John) (Entered: 10/11/2021)	RECAP
94	Oct. 11, 2021	ANSWER to 1 Complaint, by Oconee County School Board.(Reagle, John) (Entered: 10/11/2021)	RECAP
95	Oct. 11, 2021	ANSWER to 1 Complaint, by Lexington County School Board One.(Duff, David) (Entered: 10/11/2021)	RECAP
96	Oct. 12, 2021	CLERK'S NOTICE: Defendant Horry County School Board is reminded that Answers to Local Rule 26.01 Interrogatories are to be filed at the time a party first appears. Please file these answers to interrogatories no later than October 26, 2021. (cbru, ) (Entered: 10/12/2021)	RECAP
98	Oct. 12, 2021	Local Rule 26.01 Answers to Interrogatories by Horry County School Board.(Reagle, John) (Entered: 10/12/2021)	RECAP
99	Oct. 12, 2021	MOTION to Expedite Consideration of ECF No. 86 by Henry McMaster, Alan Wilson. Response to Motion due by 10/26/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lambert, William) Modified to edit text on 10/13/2021 (cbru, ). (Entered: 10/12/2021)	RECAP
100	Oct. 15, 2021	MOTION to Amend/Correct 1 Complaint, by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. Response to Motion due by 10/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Chaney, David) Modified to remove filer not listed on document on 10/15/2021 (cbru, ). (Entered: 10/15/2021)	RECAP
101	Oct. 15, 2021	TEXT ORDER granting 100 Motion to Amend/Correct 1 Complaint. Plaintiffs shall file the amended complaint forthwith. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 10/15/2021.(cbru, ) (Entered: 10/15/2021)	RECAP
102	Oct. 18, 2021	AMENDED COMPLAINT against Henry McMaster, Alan Wilson, Molly Spearman, Greenville County School District, Horry County School District, Lexington County School District One, Oconee County School District, Dorchester County School District Two, Charleston County School District, and Pickens County School District filed by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Service due by 1/18/2022 (Chaney, David) Modified to edit text on 10/18/2021 (cbru, ). (Entered: 10/18/2021)	Clearinghouse
104	Oct. 18, 2021	CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 11/22/2021, Motions to Amend Pleadings due by 12/17/2021, Plaintiffs ID of Expert Witness due by 1/18/2022, Defendants ID of Expert Witnesses Due by 2/15/2022, Records Custodian Affidavit due by 2/15/2022, Discovery due by 4/18/2022, Motion in Limine due by 7/28/2022, Motions due by 5/2/2022, Rule 26(a)(3) Disclosures due by 7/15/2022, Bench Trial Deadline 8/18/2022, Mediation Due by 6/30/2022. Signed by Honorable Mary Geiger Lewis on 10/18/2021. (cbru, ) (Entered: 10/18/2021)	RECAP
105	Oct. 18, 2021	MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 10/18/2021. (cbru, ) (Entered: 10/18/2021)	RECAP
106	Oct. 19, 2021	RESPONSE in Opposition re 86 MOTION to Stay re 80 Order on Motion for TRO, Order on Motion for Preliminary Injunction Response filed by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova.Reply to Response to Motion due by 10/26/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Chaney, David) (Entered: 10/19/2021)	RECAP
107	Oct. 20, 2021	REPLY to Response to Motion re 86 MOTION to Stay re 80 Order on Motion for TRO, Order on Motion for Preliminary Injunction Response filed by Alan Wilson, Henry McMaster. (Lambert, William) Modified to add filer listed on document on 10/20/2021 (cbru, ). (Entered: 10/20/2021)	RECAP
108	Oct. 21, 2021	ANSWER to 102 Amended Complaint by Molly Spearman.(Cotter, Leslie) Modified to edit text on 10/21/2021 (cbru, ). (Entered: 10/21/2021)	RECAP
109	Oct. 22, 2021	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Henry McMaster. Response to Motion due by 11/5/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lambert, William) Modified to edit text on 10/22/2021 (cbru, ). (Entered: 10/22/2021)	RECAP
111	Oct. 25, 2021	RESPONSE to Motion re 99 MOTION to Expedite Consideration of ECF No. 86. Response filed by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova.Reply to Response to Motion due by 11/1/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Chaney, David) Modified to edit text on 10/25/2021 (cbru, ). (Entered: 10/25/2021)	RECAP

show / hide docket entries

Case Details

State / Territory:

South Carolina

Case Type(s):

Disability Rights

Education

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Aug. 24, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Disability rights organizations and parents of disabled public school children

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

School District

Charleston County School District

Dorchester County School District Two

Greenville County School District

Horry County School District

Lexington County School District One

Oconee County School District

Pickens County School District

State

Attorney General of South Carolina

Governor of South Carolina

State Superintendent of Education

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

District of South Carolina 3:21-cv-02728

U.S. Court of Appeals for the Fourth Circuit 21-02070

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Order Duration: 2021 - 2022

Issues

General/Misc.:

School/University policies

Disability and Disability Rights:

Disability, unspecified

P&A Associational Standing

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation

Case Summary of Disability Rights South Carolina v. McMaster, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/18533/ (last updated 2/13/2022).