What to Do After a Police Encounter or Jail Injury in Charleston
It might have been a traffic stop on Rivers Avenue, an arrest on Upper King late on a Saturday, or days spent in a Lowcountry jail. Medical care comes first, and family can get started on the rest.
Go to the ER, or if you're still locked up, request care in writing and keep a copy of each request. As soon as you can, write out the whole encounter in order, with times, places, words used, badge numbers and which department each officer was with.
Video disappears fast. Ask anyone who filmed on a phone to send it to you, and make a note of bars, stores and porches with cameras nearby. Get a name and number from each witness while people are easy to find. Take photos of your injuries the first day and again each week. Tickets, booking sheets, bond paperwork and property receipts all belong in one envelope.
If charges are pending, think twice before telling the story to anyone, online or in person. Many people check with their defense lawyer first.
Filing Deadlines
Federal civil rights lawsuits under Section 1983 arising in South Carolina generally have a three-year filing period.2 Federal law, not the state's rule, determines when it starts, and excessive force, unlawful detention and prosecution claims may each start differently.1
Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years. Filing a qualifying verified claim first may allow three years.35 Recovery against a government entity may be capped and restricted in other ways.46
Claims involving federal officers follow different rules than claims against state and local officers. Injury claims against the federal government generally must first be filed in writing with the agency within two years.8 Constitutional damages claims against individual federal officers exist only in limited circumstances.7
Injuries in Jail or Detention
A person in jail or prison generally must use the facility's grievance process, following its rules and deadlines, before filing a federal lawsuit about conditions or treatment there.9 File every grievance the way the handbook says, and hang on to each form and reply you get back. Exceptions may apply, which is one more reason to talk to a lawyer soon.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Pending Charges
Criminal charges or a conviction arising from the same incident can affect a related civil rights claim. Many excessive force claims can proceed independently, while others may be held back depending on the outcome.10 Get both lawyers on the same page before anyone takes your statement.
Our statewide page on South Carolina civil rights claims goes further.
Talk With Us About What Happened
Officers and detention staff have difficult jobs. When a stop or an arrest goes wrong, the person hurt deserves a fair, honest review, and that's how we approach these cases.
Start from the moment the encounter began and take us through to today. Our office is on King Street in downtown Charleston. If a family member died in custody, see wrongful death claims in Charleston.
Call and tell us who was involved and what paperwork you've got.
South Carolina Law on This
- Federal civil rights lawsuits under 42 U.S.C. § 1983 arising in South Carolina generally have a three-year filing period, borrowed from the state's personal injury deadline. Federal law, not South Carolina's discovery rule, determines when that period begins, and claims involving excessive force, unlawful detention or prosecution may have different starting dates.1
- Federal civil rights claims under Section 1983 over events in South Carolina generally borrow the state's three-year personal injury deadline, which can differ from the deadline for state-law claims against a government agency.2
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.3
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.4
- South Carolina law provides a procedure for submitting a formal, verified claim to the appropriate government agency, generally within one year after the loss was or should have been discovered. This is different from reporting the accident or opening an insurance claim. Filing a verified claim is not always required before a lawsuit, but it can affect the filing deadline.5
- South Carolina generally limits recovery against government entities under the Tort Claims Act to $300,000 per person and $600,000 total for a single occurrence. The Act does not allow punitive damages or prejudgment interest.6
- Claims involving federal officers follow different rules than claims against state and local officers. Constitutional damages claims against individual federal officers are separate from Federal Tort Claims Act claims and are available only in limited circumstances.7
- Injury claims against the federal government, such as care at a VA hospital, military clinic or some federally funded health centers, or a crash with an on-duty federal employee, generally must first be filed in writing with the agency within two years, before any lawsuit. If the agency denies the claim, a lawsuit generally must be filed within six months after the agency mails its written denial.8
- A person in jail or prison generally must use the facility's grievance process, following its rules and deadlines, before filing a federal lawsuit about conditions or treatment there.9
- Criminal charges or a conviction arising from the same incident can affect a related civil rights claim. A Section 1983 damages claim generally cannot proceed if success would necessarily imply that an outstanding criminal conviction is invalid, unless that conviction has been invalidated. Some claims, such as many excessive force claims, may proceed independently.10
Frequently Asked Questions
Does any force by an officer count as a violation?
Not automatically. Whether force crossed a line turns on everything that happened, from the first words exchanged onward. Sitting down with a lawyer and the evidence is the way to learn if there's a claim.
My criminal case from that night is still open. Can I still ask about a civil case?
You can. The two cases share the same facts, so your criminal lawyer and a civil lawyer should be in touch early on. Before you speak to internal affairs or post about it, many people run it by their defense lawyer.
What's the deadline?
Can I meet with you in person?
Yes, at our office on King Street downtown. Phone is fine for a first conversation, and a relative can reach out for someone still in custody. Getting downtown isn't always easy, so we can also meet at the hospital, your home or another spot that suits you.
Sources
- Wallace v. Kato, 549 U.S. 384 (2007); McDonough v. Smith, 588 U.S. 109 (2019)
- Owens v. Okure, 488 U.S. 235 (1989); S.C. Code § 15-3-530(5); Doe-2 v. Sheriff of Richland County, No. 21-1771 (4th Cir. 2023) (unpublished, per review C)
- S.C. Code §§ 15-78-80 and 15-78-110
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code § 15-78-80
- S.C. Code § 15-78-120
- Egbert v. Boule, 596 U.S. 482 (2022); 28 U.S.C. § 2401(b)
- 28 U.S.C. §§ 2401(b) and 2675(a); 42 U.S.C. § 233(g)
- 42 U.S.C. § 1997e(a); Woodford v. Ngo, 548 U.S. 81 (2006); Porter v. Nussle, 534 U.S. 516 (2002)
- Heck v. Humphrey, 512 U.S. 477 (1994)
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
