What to Do After Police Force or a Jail Injury in Greenville
Medical care comes first. If you're admitted at Prisma Health Greenville Memorial or still behind bars, a parent, partner or friend can take these steps.
- Get treated. Go to an ER, or if you are in custody, ask for medical care in writing and keep a copy of each request and every record.
- Write it down in order. The date, time and place, what was said and done, and every officer's name, badge number and agency. In Greenville County that could be the Greenville Police Department, the Greenville County Sheriff's Office, a town department such as Greer or Mauldin, or the Highway Patrol.
- Hunt for video fast. Ask witnesses for phone footage. Note shops or houses nearby with cameras, since many systems overwrite older recordings.
- Collect witness names. A name and number for each person who saw it.
- Photograph injuries. Take pictures now and again as bruises and wounds change.
- Save the paperwork. Tickets, booking sheets, property receipts, release papers and medical records.
- Watch what you say and post. If charges are pending, talk with your defense lawyer first.
Time Limits 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, 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
State-law claims under the Tort Claims Act generally must be filed within two years. Filing a qualifying verified claim with the agency in time may stretch that to three years, and a verified claim is different from simply reporting what happened.35 Caps on what can be recovered and other restrictions can apply to these state claims.46
Claims involving federal officers follow different rules.7 Federal Tort Claims Act injury claims generally must first be filed in writing with the agency within two years.8
If You Are Held at a Jail or Prison
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 each grievance as the facility requires and keep copies of every response.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Charges From the Same Incident
A conviction or pending charges from the same encounter can affect a related civil rights claim, though some claims, such as many excessive force claims, may proceed independently.10 Before any interview with investigators or internal affairs, let the two lawyers talk.
More is on our statewide civil rights page. For lasting injuries, see catastrophic injuries in Greenville.
Talk With Us
Our approach is careful and even-handed. Officers and detention staff have hard jobs, and when something goes wrong, the person hurt deserves an honest look at what happened. We start by hearing your account from the first moment of the encounter.
Our office is on King Street in downtown Charleston. The first conversation can happen by phone. We take cases across South Carolina, including Greenville and the Upstate.
Call and walk us through the people, the agency and the papers you kept.
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
Is every use of force by an officer a civil rights violation?
No. Officers are allowed some force in some situations, and no checklist settles it. The answer rests on details like the words exchanged, the moments before hands went on, and what the body camera or a bystander's phone caught.
I still have charges pending from the same night. Can I ask about a civil claim?
Yes. Criminal charges or a conviction from the same incident can affect a related civil rights claim, and some claims may proceed independently.10 Your defense lawyer and a civil lawyer should compare notes early, and many people check with their defense lawyer before saying anything about the incident.
What is the time limit for a civil rights claim?
A Section 1983 lawsuit over events in South Carolina generally has a three-year filing period, but federal law sets the start date, and excessive force, detention and prosecution claims may start at different times.1 State-law claims against a government agency have their own deadline, which can be shorter.4
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.
