Case: South Carolina Public Interest Foundation v. South Carolina State Law Enforcement

This case involved tracking via automatic license plate readers (ALPRs). On April 11, 2023, the South Carolina Public Interest Foundation and a named plaintiff filed this lawsuit in South Carolina state court against the Chief of South Carolina State Law Enforcement Division (SLED) under South Carolina’s state constitution and the APA. Represented by NYU School of Law's Policing Project, the plaintiffs alleged that the use of ALPRs and storing of information without legislative guardrails or regulations exposed members of the public to considerable risk. The plaintiffs sought declaratory and injunctive relief. The case was assigned to Judge Daniel Coble. 

On December 27, 2023, the court denied SLED's motion to have the Chief of SLED dismissed from the case, finding that the claim fell outside the scope of the South Carolina Tort Claims Act, which grants certain state employees immunity in tort law, because the plaintiff sought injunctive relief, not damages, and the plaintiff’s grievances were not based in tort.

On January 9, 2025, the plaintiffs moved for summary judgment, arguing that SLED’s database was not statutorily authorized. They argued in the alternative that the General Assembly unconstitutionally delegated its legislative power to SLED. Finally, they argued that SLED’s practices violated the APA’s notice-and-comment and promulgation requirements. As of April 12, 2025, the case is ongoing.