After a Police Encounter or Jail Injury in Spartanburg County
Treatment comes first. If you're hospitalized or still held, a relative or friend can begin the rest.
- Get care, and ask in writing. Go to the ER, or if you're in custody, put the request for medical help in writing. Keep copies of those requests and all your records.
- Write down the sequence. Date, time, place, what was said and done, in order, with officers' names, badge numbers and agency, whether that's Spartanburg Police, the Spartanburg County Sheriff's Office or a town department.
- Hunt for video soon. Ask bystanders for phone clips, and note homes or businesses with cameras. Many systems record over themselves.
- Get witnesses' contact details. A name and number can be hard to track down later.
- Pictures of bruises, cuts and swelling. Day one, then every few days.
- Don't throw out jail paperwork. The citation, the booking sheet, the inventory of your belongings and the discharge papers from the hospital all go in a folder.
- Watch what you say and post. If charges are pending, many people talk with their defense lawyer before discussing it with anyone.
Filing Deadlines
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 it starts, and the start can differ by claim. Excessive force, unlawful detention and prosecution claims, for instance, may follow different accrual rules.1 A lawyer can look at the facts and find the right time limit.
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 These claims may also face damage caps and other limits.46
Claims involving federal officers follow different rules than claims against state and local officers. Injury claims against the federal government, such as a crash with an on-duty federal employee, generally must first be filed in writing with the agency within two years.8 Constitutional claims against individual federal officers carry separate requirements and exist only in limited situations.7 A lawyer can work out which rules apply.
Injuries Inside a Jail or Prison
If you're locked up, federal law generally requires using the facility's available grievance process before filing a federal suit about conditions there, which covers many force and medical care claims. Follow its procedures and deadlines, and keep a copy of every grievance and answer.9 Exceptions and special rules can apply, 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 Charges Are Part of the Picture
Charges or a conviction from the same incident can affect a related civil rights claim. Some claims can proceed separately, and others may be restricted depending on the outcome of the criminal case.10 Before any statement or filing, your criminal defense lawyer and civil rights lawyer should coordinate.
Talk With Us
We handle these cases with care and fairness. Officers and jail staff in Spartanburg County do hard jobs, and when something goes wrong, the people hurt deserve an honest look at what happened.
We listen to your account from the first moment to today, and we'll be straight with you about the hard parts. We take cases across South Carolina, including Spartanburg County. If the injuries are severe, see catastrophic injuries in Spartanburg, or read the statewide page on civil rights claims.
Call, and bring the names of the deputies or officers along with any paperwork.
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
An officer used force on me. Is that automatically a violation?
Not always, and no simple test answers it. The specific facts matter, including what happened before the encounter. Bodycam footage, the incident report and witness accounts would all need a lawyer's review first.
My criminal case from that night is still open. Can I ask about a civil claim?
You can. The charge and the civil claim share one set of facts, so the two lawyers ought to be talking from the start. An internal affairs interview or a Facebook post about that night is worth clearing with your defense attorney first.
What's the time limit for a civil rights case?
A Section 1983 suit over events in South Carolina generally has a three-year filing period. Federal law sets when that period starts, and different claims can have different start dates.1 State-law claims against a government agency follow their own deadline, which can be shorter.4 Reaching a lawyer early helps.
Can I start the conversation without coming to Charleston?
The first conversation can happen by phone, and a family member can call if you're still in custody. Our office is on King Street in 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.
