Grimsley v. South Carolina Law Enforcement Division

415 S.C. 33 (2015) · Supreme Court of South Carolina · December 23, 2015 · No. 2014-001059

Summary

The South Carolina Supreme Court reversed the court of appeals and reinstated summary judgment for the South Carolina Law Enforcement Division. The court held that former SLED agents were rehired at reduced salaries and that SLED paid, rather than deducted from their salaries, the employer retirement contributions required under South Carolina law.

Holdings

  1. SLED was entitled to summary judgment because Respondents were rehired at new, reduced salaries, and the employer retirement contributions were paid by SLED rather than deducted from Respondents' salaries.
  2. A party opposing summary judgment may not survive merely by pointing to an isolated statement or creating an unreasonable inference or metaphysical doubt; the party must produce specific facts showing a genuine issue for trial.

Questions Presented

  1. Whether the undisputed evidence established that Respondents were rehired at new, reduced salaries rather than at their pre-retirement salaries with the employer retirement contribution deducted from those salaries.
  2. Whether SLED violated S.C. Code section 9-11-90(4)(b), constitutional takings or due process protections, or appropriations law by operating the Retirement/Rehire program.
  3. Whether SLED was entitled to summary judgment.

Disposition

reversed

Cases Cited (9)

  • Grimsley v. South Carolina Law Enforcement Division, 408 S.C. 38, 757 S.E.2d 542 (Ct. App. 2014)(reversed)
  • Grimsley v. South Carolina Law Enforcement Division, 396 S.C. 276, 721 S.E.2d 423 (2012)(followed procedurally)
  • Quail Hill, L.L.C. v. County of Richland, 387 S.C. 223, 692 S.E.2d 499 (2010)(followed)
  • Brockbank v. Best Capital Corp., 341 S.C. 372, 534 S.E.2d 688 (2000)(followed)
  • Pye v. Estate of Fox, 369 S.C. 555, 633 S.E.2d 505 (2006)(followed)
  • Town of Hollywood v. Floyd, 403 S.C. 466, 744 S.E.2d 161 (2013)(followed)
  • Evans v. Stewart, 370 S.C. 522, 636 S.E.2d 632 (Ct. App. 2006)(followed)
  • Russell v. Wachovia Bank, N.A., 353 S.C. 208, 578 S.E.2d 329 (2003)(followed)
  • Baughman v. American Telephone & Telegraph Co., 306 S.C. 101, 410 S.E.2d 537 (1991)(followed)

Cited In (0)

No citing cases on record yet.

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