In South Carolina, police brutality has a long history of being a systemic problem, as it does across the nation. Regardless of whether an individual is guilty of breaking the law, certain protections are in place to protect people from law enforcement and other government entities. These protections are part of your civil rights, and it is essential that officers who engage in police brutality are held accountable. A Myrtle Beach police brutality lawyer can help.
Unfortunately, when law enforcement officers abuse their position of trust, their victims’ voices go unheard all too often. If you or a loved one has been affected by such a situation in Myrtle Beach, a police brutality lawyer at Axelrod & Associates, P.A. can help make sure that police officers involved in civil rights violations are held accountable and you get the justice you deserve.
There are several common kinds of police brutality and misconduct cases in South Carolina. State law defines police misconduct as including:
According to recent data, there were 2,453 civil complaints of police misconduct in South Carolina from 2016 to 2022. Of those, 29% ruled in favor of the claimant. There were 193 killings by South Carolina law enforcement, which is about 1.1 deaths for every 10,000 arrests. 7% of those deaths were people who were unarmed.
If the matter is serious, your counsel should be exceptional.
The Fourth Amendment of the Constitution protects people from excessive use of force by law enforcement. A law enforcement officer is only permitted to use the amount of force necessary to control a situation. So, excessive force depends on the circumstances under which the officer acted and how they responded. In cases of excessive force, the actions are not deemed reasonable or appropriate to the threat posed by the situation.
When a person dies as a result of a law enforcement officer’s improper actions, the victim’s surviving family members or estate may be able to file a wrongful death claim. Improper actions can include excessive force, denying emergency medical care, dangerous jail cell conditions, dangerous actions such as reckless driving in a high-speed pursuit, or more.
In South Carolina, a false or wrongful arrest occurs when a law enforcement officer takes an individual into custody without proper legal justification. Claimants must prove that the arrest was intentional and lacked consent or legal justification. For example, law enforcement officers generally need to follow strict procedures when arresting an individual.
Both the United States Constitution and the South Carolina Constitution guarantee freedom from unreasonable searches and seizures. This means police must have a valid legal reason to search or seize an individual’s possessions. In many cases, this means obtaining a search warrant or the individual’s consent.
When a law enforcement officer abuses their position of power to perpetrate sexual harassment, criminal sexual conduct, assault, rape, and other related crimes, the victim may have grounds for a legal claim.
Police brutality can also extend to the mistreatment of inmates in jail. Inmates have the right to Humane conditions and freedom from physical or mental abuse. If guards, law enforcement officers, or others violate these rights, victims can seek to hold their abusers accountable.
When a police officer sees another officer engaging in physical abuse, they have a duty to intervene on behalf of the victim and stop the abusive behavior. Witnessing police brutality and failing to intervene or report the abuse can also count as police brutality in many cases.
In South Carolina, victims of police brutality may be entitled to file legal claims against the officer or agency where they can receive compensation for damages resulting from the abuse. Such damages can often include one or more of the following:
In general, in South Carolina, a claimant has two years from the date of the incident to file a legal claim against the police officer and/or agency. Because the statute of limitations can be unclear, it is crucial to act quickly and hire a police brutality lawyer in Myrtle Beach as soon as possible.
Police brutality cases can be some of the most complicated because the system is often designed to protect law enforcement officers from accountability, particularly when it comes to civil liability. Generally, the claimant must show that the officer’s actions were unreasonable. Obtaining such evidence and navigating the complex legal obstacles can require a deep understanding of laws and court procedures.
A comprehensive legal strategy can be key to a favorable outcome in your case. An experienced lawyer with a strong knowledge of excessive force or police brutality cases can investigate your case, develop a strategy tailored to the facts of your specific circumstances, and work diligently to hold law enforcement officials accountable for their abusive actions.
At Axelrod & Associates, P.A., our legal team knows that holding law enforcement officers and agencies accountable for police brutality is important for public safety. If you have been a victim of police brutality, you deserve an attorney who can fight aggressively for your rights and work tirelessly to recover the damages you deserve. Reach out to our offices today to speak with a skilled and compassionate attorney about your case.
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4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577
843-484-3983
1550 N. Oak St.
Myrtle Beach, SC 29577
843-390-9090
1510 Ebenezer Road
Rock Hill, SC 29732
803-956-1224
3700 Golf Colony Ln
Little River, SC 29566
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