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Date: 08-03-2022

Case Style:

Justice 360 v. Bryan P. Stirling

Case Number: 21-2205

Judge: Agee

Court: United States Court of Appeals for the Fourth Circuit on appeal from the District of South Carolina (Richland County)

Plaintiff's Attorney:

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Defendant's Attorney: Kevin Alan Hall

Description: Columbia, South Carolina civil rights lawyers represented Plaintiff, which sued Defendants claiming that they violated the First Amendment.

Justice 360 offers post-conviction representation to South Carolina’s death-row
inmates. In the case before us, it brings no claims on behalf of those clients, and none of
them is a party. Instead, Justice 360 acts solely on its own behalf. The organization’s
Amended Complaint alleges that South Carolina Code § 24-3-580 (“Identity Statute”)—
which protects against the disclosure of certain information related to the State’s execution
protocols—violates its First Amendment right to counsel clients and to participate in public
debate about the death penalty. The district court rejected those assertions, and Justice 360
timely appealed, challenging only the dismissal of its claims against South Carolina
Department of Corrections (“SCDC” or the “Department”) Director Bryan Stirling.1
Because Justice 360 lacks standing.


Outcome: We vacate the district court's judgment and remand with instructions of dismiss for lack of jurisdiction.

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