In the Hours and Days After
Medical treatment is the first job. If you're admitted or still in custody, a relative or friend can begin on these.
- Ask for care. Go to the ER. In custody, put your request for medical help in writing and keep a copy, along with every medical record.
- Write a timeline. Date, time, place, words spoken and what happened, in order. Add officers' names, badge numbers and their agency.
- Hunt for video fast. Ask anyone who filmed it for a copy, and note cameras on nearby homes, hotels or shops. Many systems tape over old footage.
- Collect witnesses. A name and number for each person who saw it.
- Photograph the injuries. Do it right away and again as they heal.
- Hang on to paperwork. Tickets, booking sheets, property receipts and release papers all matter.
- Think before you post. With charges pending, many people speak with their defense lawyer before discussing the incident.
Time Limits for Civil Rights Claims
A Section 1983 suit over events in South Carolina generally has a three-year filing period, borrowed from the state's injury deadline.2 Federal law, not the state discovery rule, decides when it starts, and claims about force, detention or prosecution may start on different dates.1
Suing a South Carolina city, county or state agency under state law generally means filing within two years, or three if a qualifying verified claim came first.3 That verified claim is a formal, sworn submission to the agency, generally due within one year.5 Those claims can also face damage limits and other restrictions.46
Federal officers are a separate track. If the United States is the defendant, the Federal Tort Claims Act generally calls for a written claim to the agency inside two years, before any lawsuit.8 Constitutional damages claims against individual federal officers are available only in narrow situations.7
For Someone Behind Bars
A person in jail or prison generally has to work through the facility's grievance process, on its rules and deadlines, before filing a federal suit about conditions or treatment there.9 Make copies of each grievance form you turn in and each response that comes back.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
When Criminal Charges Overlap
Charges or a conviction from the same event can affect a civil rights claim, and some claims can't go forward while a conviction stands.10 Before any statement, the lawyer on your criminal case and the one on your civil claim should be on the same page.
For the bigger picture, read our South Carolina civil rights page.
Talk With Us
We come to these cases carefully and fairly. Policing the Grand Strand on a packed summer weekend is hard work. When an encounter goes wrong, though, the person hurt is owed a straight look at what happened.
We take cases across South Carolina, including Myrtle Beach and the Grand Strand. Our office is on King Street in Charleston. The first conversation can happen by phone.
If the injuries were severe, see catastrophic injuries in Myrtle Beach. Tell us 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
Is every use of force by an officer a civil rights violation?
No, and there's no one-line test. It hinges on the details of the encounter, starting well before anyone was touched. Video, medical records and witness accounts usually settle that, and a lawyer can go through them with you.
I still have charges pending from that night. Can I ask about a civil case?
Yes. The criminal case and any civil claim share the same facts, so your defense lawyer and a civil lawyer should talk sooner rather than later. Until your defense lawyer weighs in, many people keep the details off social media and out of any internal affairs interview.
How much time do I have for a civil rights claim?
Does it matter which agency the officer worked for?
It can. On the Grand Strand an encounter might involve a city department, Horry County Police, the Highway Patrol, a sheriff's office or federal officers. Claims involving federal officers follow different rules.7
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.
