What to Do After Police Misconduct or a Jail Injury in South Carolina
Medical care comes first. If you're in the hospital or still in custody, a family member or friend can start on the rest.
- Get medical care. Go to the ER, or ask for medical attention in writing if you are in custody. Keep copies of any written requests and every medical record.
- Write it all down. Record the date, time, place, what was said and what happened, in order. Include officers' names, badge numbers and the agency they worked for.
- Look for video quickly. Ask witnesses for phone video. Note nearby businesses or homes with cameras. Some systems record over old footage, so time matters.
- Get witness names. A phone number and a name for anyone who saw what happened can be hard to find later.
- Photograph injuries. Take photos right away and again as the injuries heal.
- Keep your paperwork. Save tickets, booking papers, property receipts, release papers and medical records.
- Be careful what you say and post. If you face charges, many people talk with their defense lawyer before discussing the incident with anyone.
Deadlines for Civil Rights Claims
Federal civil rights lawsuits under 42 U.S.C. § 1983 arising in South Carolina generally have a three-year filing period.2 Federal law determines when that period begins, and different types of claims may have different starting dates. For example, claims involving excessive force, unlawful detention, or prosecution may involve different accrual rules.1 A lawyer can review the circumstances and identify which time limit applies.
Separate state-law claims against South Carolina state or local government entities generally have a two-year filing deadline. A qualifying verified claim filed within the required period may extend the deadline to three years.35 These state-law claims may also be subject to statutory limits on damages and other restrictions.46
Claims involving federal officers follow different rules. Under the Federal Tort Claims Act, certain injury claims against the United States generally must be presented to the appropriate federal agency within two years.8 Constitutional claims against individual federal officers involve separate legal requirements and are available only in limited circumstances.7 A lawyer can help determine which procedures and time limits apply.
If You Are in Jail or Prison
If you are incarcerated, federal law generally requires you to complete the jail or prison's available grievance process before filing a federal lawsuit about conditions of confinement, including many excessive force or medical care claims. Follow the facility's grievance procedures and deadlines, and keep copies of every grievance and response.9 Special rules and exceptions may apply, so seek legal advice promptly.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Criminal Charges and a Civil Rights Claim
Criminal charges or a conviction arising from the same incident can affect a related civil rights claim. Some claims may proceed independently, while others may be restricted depending on the outcome of the criminal case.10 Your criminal defense lawyer and civil rights lawyer should coordinate before you provide statements or pursue litigation.
Talk With Us
We approach these cases carefully and fairly. Officers and jail staff do difficult work. When something goes wrong, the people affected deserve a clear, honest look at what happened.
We start by listening to your account, from the first moment of the encounter to where things stand now. We're straight with you, including about the hard parts.
The firm is based in Charleston and takes civil rights cases across South Carolina. If someone died in custody, see our page on wrongful death claims. If your injuries are serious, see our page on catastrophic injury claims.
Tell us what happened, who was involved and what records you have.
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 every use of force by an officer violate my rights?
Not necessarily, and there is no simple rule. It turns on the specific facts, including what led up to the encounter. Only by going over the evidence with a lawyer will you know whether you may have a claim.
I'm still facing charges from the same incident. Can I talk to a lawyer about a civil claim?
Yes, you can ask. It helps for your defense lawyer and a civil lawyer to talk to each other early, since both cases come from the same incident. Many people check with their defense lawyer before giving any statement about the incident, including to internal affairs or on social media.
How long do I have to bring a civil rights claim?
Federal civil rights lawsuits under 42 U.S.C. § 1983 arising in South Carolina generally have a three-year filing period. Federal law determines when that period begins, and different types of claims may have different starting dates.1 State-law claims against a government agency have their own deadline, which can be shorter.4 It helps to talk with a lawyer early.
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.
