PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-2166

CAROLINA YOUTH ACTION PROJECT; D.S., by and through her next of kin Juanita Ford, on behalf of herself and all others similarly situated; S.P., by and through her next of kin Melissa Downs, on behalf of herself and all others similarly situated Plaintiffs – Appellees,

and

NIYA KENNY, on behalf of herself and all others similarly situated; TAUREAN NESMITH, on behalf of himself and all others similarly situated

Plaintiffs,

v.

ALAN WILSON, in his official capacity as Attorney General of South Carolina

Defendant – Appellant,

and

J. ALTON CANNON, JR., in his official capacity as the Sheriff of Charleston County, SC; on behalf of himself and others similarly situated; LUTHER T. REYNOLDS, in his official capacity as the Chief of the Police Department of the City of Charleston, SC; REGINALD L. BURGESS, in his official capacity as the Chief of the Police Department of the City of North Charleston, SC; CARL RITCHIE, in his official capacity as the Chief of the Police Department of the City of Mt. Pleasant, SC; on behalf of himself and others similarly situated; LEON LOTT, in his official capacity as the Sheriff of Richland County, SC; on behalf of himself and others similarly situated; W. H. HOLBROOK, in his official capacity as the Chief of the Police Department of the City of Columbia, SC; on behalf of himself and others similarly situated; JOHNNY MACK BROWN, in his official capacity as the Interim Sheriff of Greenville County, SC; KEN MILLER, in his official capacity as the Chief of the Police Department of the City of Greenville, USCA4 Appeal: 21-2166 Doc: 61 Filed: 02/22/2023 Pg: 2 of 40

SC; on behalf of himself and others similarly situated; LANCE CROWE, in his official capacity as the Chief of the Police Department of the City of Travelers Rest, SC; on behalf of himself and others similarly situated; STEVE MOORE, in his official capacity as Interim Chief of the Police Department of the City of Simpsonville, SC; on behalf of himself and others similarly situated; M. BRYAN TURNER, in his official capacity as the Chief of the Police Department of the City of Mauldin, SC; on behalf of himself and others similarly situated; DAN REYNOLDS, in his official capacity as the Chief of the Police Department of the City of Greer, SC; on behalf of himself and others similarly situated; A. KEITH MORTON, in his official capacity as the Chief of the Police Department of the City of Fountain Inn, SC; on behalf of himself and others similarly situated; MICHAEL D. HANSHAW, in his official capacity as Interim Chief of the Police Department of the City of Simpsonville, SC

Defendants.

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JUVENILE DEFENDER ADVOCATE; NATIONAL POLICE ACCOUNTABILITY PROJECT; NATIONAL WOMEN'S LAW CENTER, NAACP, NATIONAL DISABILITY RIGHTS NETWORK, NATIONAL CENTER FOR YOUTH LAW, ADVANCEMENT PROJECT NATIONAL OFFICE, ANTI-DEFAMATION LEAGUE, ATLANTA WOMEN FOR EQUALITY, BAZELTON CENTER FOR MENTAL HEALTH LAW, BIRNBAUM WOMEN'S LEADERSHIP NETWORK AT NYU SCHOOL OF LAW, CENTRAL CONFERENCE OF AMERICAN RABBIS, CHICAGO FOUNDATION FOR WOMEN, DISABILITY RIGHTS ADVOCATES, FAMILY EQUALITY, GEORGETOWN LAW - CENTER ON POVERTY AND INEQUALITY'S INITIATIVE ON GENDER JUSTICE & OPPOR