What to Do After a Police Encounter or Jail Injury in Mount Pleasant
Medical care comes first. If you're in the hospital or still being held, a family member or friend can begin the rest.
- See a doctor. An ER visit puts the injuries on record; in custody, put every request for care on paper. Keep a copy of every request and every record.
- Write down what happened. Note the date, time, street, what was said and what each officer did, in order. Add names, badge numbers and the agency if you know them.
- Look for video fast. Ask witnesses for phone video, and note shops or homes with cameras facing the street. Some systems record over footage.
- Get witness names. A name and number for anyone who saw it can be hard to find later.
- Document the injuries. Have someone take pictures the first day and again over the next weeks.
- Keep the paperwork. Tickets, booking papers, property receipts, release papers and medical records.
- Be careful what you say or post. If you face charges, many people talk with their defense lawyer first.
Deadlines That May Apply
A federal civil rights suit under 42 U.S.C. § 1983 over events in South Carolina generally has a three-year filing period.2 Federal law sets when that period starts, and different kinds of claims can start at different times. Excessive force, unlawful detention and prosecution claims, for example, may follow different starting rules.1
A state-law claim against a state or local government body generally has to be filed within two years. That window can grow to three years when a qualifying verified claim was filed first.35 Recovery against a government body can be capped, and other restrictions may apply.46
If federal officers were involved, other rules apply. Many injury claims against the United States under the Federal Tort Claims Act must first be presented in writing to the agency within two years.8 Constitutional claims against individual federal officers are separate and available only in limited situations.7
The statewide page explains civil rights claims in South Carolina.
If You Are Being Held
Someone in jail or prison generally has to use the facility's grievance process, following its rules and deadlines, before filing a federal suit about conditions or treatment there.9 Keep a copy of every grievance and every answer. Exceptions can exist, so get legal advice soon.
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 Too
Charges or a conviction from the same incident can affect a related civil rights claim. Many excessive force claims can proceed regardless, while others hinge on the outcome of the charges.10 Your defense lawyer and your civil lawyer should coordinate before you give statements.
If a head injury was part of it, see Mount Pleasant brain injury claims.
Talk With Us
Officers and jail staff have hard jobs, and we try to be fair to everyone. When something goes wrong, the person hurt deserves an honest look. We start with your full account, from the first moment to now, and we're straight with you about the hard parts.
We take cases across South Carolina, including Mount Pleasant, Sullivan's Island and Isle of Palms. Our office is on King Street in downtown Charleston. The first conversation can happen by phone, and a family member can call if you're still being held.
Tell us the place, the date, the agency and what records or video 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 use of force by an officer a civil rights violation?
Not necessarily. There's no simple rule, and it depends on the exact facts, including what happened before the force was used. Video, medical records and witness accounts usually decide whether a claim is there, and a lawyer can review them with you.
My criminal case from the same night is still open. Can I talk to a civil lawyer?
Yes. Since both cases come out of the same event, it helps for your defense lawyer and a civil lawyer to talk early. Many people check with their defense lawyer before saying anything about it, including to internal affairs or online.
How long do I have?
How do I find out which agency was involved?
Check your ticket, bond papers or property receipt. If it's still unclear, 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.
