How do I sue police for misconduct in South Carolina?

1. Federal Statute. 42 U.S.C. § 1983 creates a cause of action against state actors who deprive plaintiffs of federal constitutional rights under color of law.

2. Qualified Immunity. The Fourth Circuit applies federal QI under Saucier/Pearson. State-court state-law claims are not subject to federal QI.

3. South Carolina State-Law Alternative. South Carolina has not abolished QI and has no civil-rights act parallel to § 1983. The S.C. Tort Claims Act (S.C. Code §§ 15-78-10 et seq.) is the exclusive remedy for tort claims against governmental entities, with broad exceptions for officer conduct in § 15-78-60. Caps damages at $300,000 per person / $600,000 per occurrence.

4. Monell Liability. A municipality is liable under § 1983 only when an official policy, custom, or failure to train caused the constitutional violation.

5. Statute of Limitations. Section 1983 borrows South Carolina's 3-year personal-injury SOL (S.C. Code § 15-3-530(5)). The SCTCA also has a 2-year SOL if no claim was filed (3 years if filed) under § 15-78-110.

6. Common Constitutional Claims. Fourth Amendment excessive force, unlawful arrest, and unlawful search; Eighth Amendment for post-conviction abuse; Fourteenth Amendment due-process and equal-protection violations.

7. Damages. Compensatory and punitive damages under § 1983 (punitives only against individual officers), plus 42 U.S.C. § 1988 attorney fees. SCTCA does not allow punitive damages and caps actual damages.

8. Notice of Claim. The SCTCA permits filing a verified claim before suit, but it is not strictly required; the SOL governs; § 1983 federal claims have no notice requirement.

9. Bivens. Federal-officer Bivens claims have been narrowed by Egbert v. Boule (2022).

This is legal information, not legal advice.