What to Do After Police Misconduct or a Jail Injury Around Summerville
Your health comes before the paperwork. A parent, spouse or friend can work through these items while you are in a hospital bed or a cell.
- Get medical care. Go to the ER, or put a request for medical attention in writing if you are being held. Ask for copies of your requests and any treatment notes.
- Write down the whole encounter. Date, time, the street or building, what was said and done, in order. Add names, badge numbers and which department each officer was with.
- Move fast on video. Neighbors' doorbell cameras and bystanders' phones may have caught it, and many systems record over old footage.
- Get names and numbers from witnesses.
- Photograph bruises, cuts and swelling that day, then every few days.
- Hold on to the paperwork from your arrest or release.
- Watch what you say and post. If you are charged, talk with your defense lawyer before discussing the incident with anyone.
Agencies Around Summerville
Because Summerville crosses three counties, the officers involved may have worked for the town, the Dorchester, Berkeley or Charleston County Sheriff's Office, a neighboring city or the Highway Patrol. Jail staff may work for a county or a sheriff.
Filing Deadlines
Federal civil rights suits under 42 U.S.C. § 1983 over events in South Carolina generally have a three-year filing period.2 Federal law decides when that period begins, and claims about excessive force, an unlawful detention or a prosecution may start at different points.1
State-law claims against a South Carolina government entity generally must be filed within two years. Where a qualifying verified claim went in on time, a three-year limit may apply instead.35 Caps on damages and other restrictions may also come into play.46
Cases involving federal officers run on different rules. Under the Federal Tort Claims Act, some injury claims against the United States generally must first go to the federal agency in writing within two years.8 Constitutional claims against individual federal officers are separate and allowed only in narrow situations.7
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
If You Are Locked Up
A person in jail or prison generally has to use the facility's grievance process, following its rules and deadlines, before filing a federal lawsuit about conditions or treatment there.9 Keep copies of each grievance and every answer. Because exceptions are possible, a lawyer's input early on is worth having.
Pending Charges
Criminal charges or a conviction from the same incident can affect a related civil rights claim. Some claims, such as many excessive force claims, may go forward on their own, while others may be limited by how the criminal case ends.10 Your defense and civil lawyers should talk before you give statements.
The statewide page covers South Carolina civil rights claims in more detail.
Talk With Us
These cases call for care and fairness on every side. Deputies, town officers and jail staff do difficult work. A person who was hurt by that work going wrong still deserves a careful review. We start with your account and tell you what we see.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Summerville. If the injuries were severe, see catastrophic injuries around Summerville.
We would like to hear about the encounter, the agency involved and the papers you were given.
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 a phone call enough to get started?
Yes. The first conversation can happen by phone. Our office is on King Street in downtown Charleston.
Is every use of force by an officer a civil rights violation?
No, and there is no bright line. The answer turns on the whole encounter, including the moments leading up to the force. A lawyer has to go over the evidence with you before anyone can say whether a claim may exist.
I still have charges pending from the same night. Can I ask about a civil claim?
Yes. It helps if your defense lawyer and a civil lawyer compare notes early, since both cases grow out of the same events. Many people check with their defense lawyer before giving any statement, whether to internal affairs or online.
How much time do I have?
Section 1983 suits over events in South Carolina generally carry a three-year filing period. Federal law sets the starting point, and different kinds of claims can start on different dates.1 State-law claims against a government agency follow their own deadline, which may be shorter.4 Early advice helps.
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.
