After an Injury From Police or in Custody
Medical care comes first. If you are in the hospital or still being held, a relative or friend can begin on this list.
- See a doctor. Head to the ER after release; while still held, write out each request for a nurse or doctor and hold on to a copy. Save every medical record.
- Write a timeline. Date, time, place, what was said and what happened, in order. Add names, badge numbers and the agency, from the patch, the car or the paperwork.
- Move fast on video. Ask bystanders for phone video and note homes, gates or shops with cameras. Doorbell and store systems often overwrite older recordings.
- Get witnesses. A name and phone number for anyone who saw it.
- Picture the injuries. Have someone photograph cuts, swelling and bruises the first day and every few days after.
- Hang on to the paperwork. Citations, booking sheets, bond and release forms, property slips and discharge papers all go in one envelope.
- Be careful what you say. If you were charged, many people talk with their defense lawyer before discussing the incident or posting about it.
On Johns Island, the responding officers could be Charleston police, county sheriff's deputies or state troopers, depending on where it happened. Getting the agency right matters for everything that follows.
Time Limits for Civil Rights Claims
A federal lawsuit under 42 U.S.C. § 1983 over events in South Carolina generally has a three-year filing period.2 Federal law decides when that period starts, and claims for excessive force, unlawful detention or prosecution may start on different dates.1 A lawyer can look at the facts and work out which limit applies.
State-law claims against a state or local government body generally must be filed within two years. Filing a qualifying verified claim on time can push that out to three years.35 Those claims can also face caps on damages and other limits.46
Federal officers are a different matter. The Federal Tort Claims Act generally gives two years to present certain injury claims against the United States to the proper federal agency.8 Constitutional claims against individual federal officers have their own requirements and are available only in narrow situations.7 See the statewide page on civil rights claims in South Carolina.
Injuries in Jail
A person in jail or prison generally has to use the facility's available grievance process before filing a federal suit about conditions there, including many force and medical care claims. Use each step of the jail's grievance system on time and save every form you turn in and every reply.9 Exceptions can apply, so get legal advice soon.
If your relative is the one locked up, keep a record of each call and visit, with the date and what you noticed about the injuries.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
When There Are Criminal Charges
Charges or a conviction from the same incident can affect a related civil rights claim. How the charges end can decide whether some civil claims move ahead or get cut back.10 Before any statement or filing, the lawyer on your criminal case and the lawyer on the civil side should be on the same page.
Talk With Us About What Happened
We approach these cases with care and an open mind. Officers and jail staff do hard jobs, and when something goes wrong, the people affected deserve an honest look at the facts.
We want to hear the whole account, from the start of the encounter to now, and we will be straight with you about what we see. Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone.
If a head injury followed, see Johns Island brain injury claims.
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?
Not every time, and there's no bright-line test. It depends on the exact facts, including what happened before force was used. Going over the evidence with a lawyer is how you learn whether a claim may exist.
My charges from that night are still open. Can I ask about a civil claim now?
Yes. Your criminal lawyer and a civil lawyer should compare notes early, since one night produced both cases. Hold off on statements to internal affairs, reporters or social media until your defense lawyer weighs in.
How much time do I have for a civil rights claim?
A § 1983 lawsuit over events in South Carolina generally must be filed within a three-year period. Federal law sets when that period begins, and different kinds of claims can start on different dates.1 State-law claims against a government agency follow their own, possibly shorter, deadline.4 An early call keeps your options open.
Was it a city officer or a county deputy? How do I tell?
Check the ticket, the arrest papers, the uniform patch or the markings on the car. If you still aren't sure, a lawyer can help you find out.
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.
