PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-1930

PAUL TARASHUK, Personal Representative of the Estate of Paul David Tarashuk Deceased,

Plaintiff - Appellee,

v.

JAMIE D. GIVENS,

Defendant - Appellant,

and

ORANGEBURG COUNTY; ORANGEBURG COUNTY EMERGENCY MEDICAL SERVICES; DANNY RIVERS; ORANGEBURG COUNTY SHERIFF’S OFFICE; LEROY RAVENELL, Individually and in his Official Capacity as the Sheriff of the Orangeburg County Sheriffs Office; SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY; LEROY SMITH, Individually and in his Official Capacity as the Agency Director of the South Carolina Department of Public Safety; TOWN OF SANTEE; SANTEE POLICE DEPARTMENT; JOSEPH SERRANO, Individually and in his Official Capacity as the Chief of Police of the Town of Santee; ALISON K. B. HARMON; CLIFFORD A. DOROSKI; FRED D. RICE; BUIST M. SMITH; KEITH A. CLINE,

Defendants.

No. 21-1931

PAUL TARASHUK, Personal Representative of the Estate of Paul David Tarashuk Deceased,

Plaintiff - Appellee, USCA4 Appeal: 21-1931 Doc: 39 Filed: 11/08/2022 Pg: 2 of 22

v.

ALISON K. B. HARMON,

Defendant - Appellant,

and

JAMIE D. GIVENS; ORANGEBURG COUNTY; ORANGEBURG COUNTY EMERGENCY MEDICAL SERVICES; DANNY RIVERS; ORANGEBURG COUNTY SHERIFF’S OFFICE; LEROY RAVENELL, Individually and in his Official Capacity as the Sheriff of the Orangeburg County Sheriffs Office; SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY; LEROY SMITH, Individually and in his Official Capacity as the Agency Director of the South Carolina Department of Public Safety; TOWN OF SANTEE; SANTEE POLICE DEPARTMENT; JOSEPH SERRANO, Individually and in his Official Capacity as the Chief of Police of the Town of Santee; CLIFFORD A. DOROSKI; FRED D. RICE; BUIST M. SMITH; KEITH A. CLINE

Defendants.

Appeals from the United States District Court for the District of South Carolina, at Orangeburg. J. Michelle Childs, District Judge. (5:19-cv-02495-JMC)

Argued: September 14, 2022 Decided: November 8, 2022

Before KING, AGEE, and THACKER, Circuit Judges.

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge King and Judge Agee joined.

ARGUED: Andrew Lindemann, LINDEMANN & DAVIS, P.A., Columbia, South Carolina, for Appellants. Jordan Christopher Calloway, MCGOWAN, HOOD & FELDER, LLC, Rock Hill, South Carolina, for Appellee. ON BRIEF: William H. Davidson, II, DAVIDSON, WREN & DEMASTERS, P.A., Columbia, South Carolina, for Appellant Jamie Givens. G. Wade Cooper, BUYCK & SANDERS, LLC, Mt. Pleasant, South Carolina, for Appellant Alison KB Harmon. Russell T. Burke, MCGOWAN, HOOD & FELDER, LLC, Columbia, South Carolina, for Appellee.

2 USCA4 Appeal: 21-1931 Doc: 39 Filed: 11/08/2022 Pg: 3 of 22

THACKER, Circuit Judge:

Appellants Jamie Givens (“Givens”) and Alison Harmon (“Harmon”) (collectively,

“Appellants”) appeal the district court’s denial of their respective summary judgment

motions based on a qualified immunity defense to a 42 U.S.C. § 1983 claim for damages

asserted by Paul Tarashuk (“Appellee”). Appellee initiated the underlying action against

Givens, Harmon, and va