What to Do After Police Misconduct or a Jail Injury Near Hilton Head
Medical care first. A parent, partner or friend can start the list below if you can't.
- Treatment. From a holding cell, put the request for a nurse or doctor on paper and keep a copy. Outside, go to the ER.
- A timeline. While it's fresh, set down each moment from the first contact on, with names, badge numbers and whose uniform it was: the Beaufort County Sheriff's Office, Bluffton police, a Jasper County agency or the Highway Patrol.
- Video. Bystanders' phones, doorbell cameras and storefront systems all count. Footage can be erased on a schedule, so ask quickly.
- Bystanders. A first name and a cell number is plenty.
- Pictures of bruises and cuts. Today, then again over the next week or two as they change.
- Papers from the jail. Citations, booking sheets, the property slip, release forms and any medical notes.
- Silence online. With charges pending, many people check with their defense lawyer before saying a word about it to anyone.
Who May Be Involved Around Hilton Head
The island has no town police department, so encounters there usually involve the Beaufort County Sheriff's Office. In Bluffton it may be the town's police or the Sheriff's Office, depending on the spot, and Beaufort, Port Royal, Hardeeville and Ridgeland have their own departments. Community security may be involved inside some gated neighborhoods, and the area's military installations have their own federal officers.
Civil Rights Time Limits
Section 1983 suits over events in South Carolina generally have a three-year filing period.2 Federal law sets when that period begins, and excessive force, unlawful detention and prosecution claims may start at different points.1 A lawyer can look at what happened and identify which limit applies.
State-law claims against a South Carolina state or local government entity generally must be filed within two years. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.35 Recovery against government entities under the Tort Claims Act is generally capped, and the Act does not allow punitive damages.46
An agent or officer from a federal agency or installation brings different rules into play. Injury claims against the federal government generally must first be filed in writing with the agency within two years, before any lawsuit.8 Constitutional claims against individual federal officers carry separate requirements and are available only in limited circumstances.7
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
If You Are Locked Up
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 Hang on to a copy of each grievance form and the reply. Some exceptions exist; a lawyer can tell you if one fits.
When Criminal Charges Are Pending
Charges or a conviction from the same incident can affect a related civil rights claim. Some claims, such as many excessive force claims, may proceed independently. Others can hinge on how the criminal case turns out.10
Talk With Us
Deputies, officers and detention staff have hard jobs, and we look at these claims with that in mind. Someone hurt during an arrest or in a cell still deserves a fair, honest review. Start from the first moment of the encounter and take us through to today.
We take cases across South Carolina, including Hilton Head, Bluffton and the rest of southern Beaufort County. Our office is on King Street in Charleston. The first conversation can happen by phone. See South Carolina civil rights claims for the statewide picture, or serious injuries near Hilton Head.
Call and tell us 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
Is any force by a deputy or officer a violation of my rights?
Not necessarily. No simple rule answers that. It depends on the specific facts, including what happened before force was used, and a lawyer has to review the evidence before anyone can say whether a claim may exist.
I still have charges pending from the same night. Can I ask about a civil claim?
Yes. The charge and any civil claim come from the same night, so the two lawyers comparing notes early tends to help. Before you describe what happened to anyone, from an internal affairs investigator to friends on Facebook, run it by the lawyer defending you.
What is the time limit for a civil rights claim?
The officer was federal, not county or town. Does that change things?
Yes. Claims involving federal officers follow different rules, and constitutional claims against individual federal officers are available only in limited circumstances.7 A lawyer can sort out which path and time limits apply.
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.
