First Steps After a Police or Jail Injury in North Charleston
Treatment first. If you're hospitalized or still held, someone close to you can start.
- Go to the ER. In custody, ask for medical care in writing. Keep copies.
- Write the whole encounter down. Date, time, place. Names and badge numbers.
- Note the agency. In North Charleston, that might be city police, the Charleston, Dorchester or Berkeley County Sheriff's Office, or the Highway Patrol on I-26.
- Hunt for video now. Phones, doorbells, store cameras. Footage gets erased.
- Get witness names and numbers.
- Photograph every injury. Repeat as it heals.
- Keep tickets, booking sheets, property receipts and release papers.
- Say little and post nothing. Facing charges? Ask your defense lawyer first.
South Carolina and Federal Law on Civil Rights Claims
Federal Claims
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.2 Federal law, not South Carolina's discovery rule, determines when that period begins. Claims involving excessive force, unlawful detention or prosecution may have different starting dates.1 Which limit fits your facts is a question for a lawyer.
Claims Against a State or Local Agency
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.35 Claims against a South Carolina state or local government agency could face caps on damages under the Tort Claims Act, depending on the facts of the case.46
Federal Officers
Claims involving federal officers follow different rules than claims against state and local officers. Injury claims against the federal government generally must first be filed in writing with the agency within two years, before any lawsuit.8 Constitutional damages claims against individual federal officers are separate from Federal Tort Claims Act claims and are available only in limited circumstances.7
People in 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. Hold on to copies of each grievance and each reply. Exceptions exist, so ask early.9
Pending Charges
Criminal charges or a conviction arising from the same incident can affect a related civil rights claim. Some claims, such as many excessive force claims, may proceed independently.10 Your defense lawyer and civil lawyer should talk before you give any statement.
More on civil rights claims in South Carolina.
Talk With Us
Officers and jail staff have hard jobs. When something goes wrong, you deserve an honest look at it. We hear your account from start to finish, rough parts included.
We take cases across South Carolina, including North Charleston. Our office is on King Street in downtown Charleston. For a death in custody, our North Charleston wrongful death page may help.
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 violation?
No. There's no simple rule. It turns on the facts of your encounter, including what came before the force. A lawyer reviewing your evidence can say whether a claim may exist.
My charges from that night are still open. Can I ask about a civil case?
Yes. Both cases come from one night, so your defense lawyer and a civil lawyer should compare notes early. Many people say nothing about the incident, to internal affairs or online, until their defense lawyer weighs in.
How long do I have to bring a civil rights claim?
Federal civil rights lawsuits under 42 U.S.C. § 1983 arising in South Carolina generally have a three-year filing period. Federal law determines when that period begins, and claims involving excessive force, unlawful detention or prosecution may have different starting dates.1 Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter.4
Can a relative call for me while I'm locked up?
Yes. A parent, spouse or friend can make that first call. The first conversation can happen by phone. Our office is on King Street in downtown Charleston.
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.
