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The U.S. prison system is no stranger to disparities and violations when it comes to the basic rights of inmates. The same can be said for the South Carolina prison system. If you or a loved one currently serving a criminal sentence has faced abuse, you may be entitled to compensation. Whether you are serving time at J. Reuben Long Detention Center or McCormick Correctional Institution, how do you file a claim against the SCDC for prison abuse in South Carolina?
The team at Axelrod & Associates, P.A. has the answers you are seeking. If your civil rights have been violated while you were imprisoned in an SCDC facility, a Myrtle Beach criminal defense lawyer from our team is here to help.
Common Kinds of Prison Abuse in South Carolina
Across the United States, one of the main reasons why prison violence and abuse is increasing is due to overcrowding. According to a recent news story, four Lowcountry jails have been failing every inspection since 2022, with state inspectors finding evidence of dangerous overcrowding and multiple other violations. With overcrowding and other violations so rampant, prison abuse is only increasing, and so is the need for attorneys.
At Axelrod & Associates, P.A., we handled numerous cases of prison abuse and helped inmates and their families bring claims against the SCDC for various civil rights violations. Some of the most common forms of abuse include:
- Physical and sexual abuse. This can include any kind of overuse of restraints, tasers, electrical shock, or beating. It can also include any form of rape, sexual assault, or contact between private areas of the body.
- Poor prison conditions. When a prison operates under poor or inadequate conditions, this can be grounds to file an abuse claim. These conditions might include extreme temperatures, facility plumbing issues, overcrowding, and rodent or bug infestations.
- Psychological abuse. This kind of abuse can include any mental torture, physical, sensory, or sleep deprivation, extreme solitary confinement, and verbal abuse.
It is important to keep in mind that not all abuse comes at the hands of guards or other prison staff. It might actually be caused by failure of the prison system, and the SCDC might be held liable for the harm you or a loved one has suffered—something a Myrtle Beach prison abuse lawyer can help evaluate and pursue.
How to File an Abuse Claim with the SCDC
Despite the many protections in place, inmates face abuse every day across facilities operated by the SCDC. The South Carolina Department of Corrections has the duty to maintain the safety and uphold the basic rights of all inmates, and when this doesn’t happen, and abuse occurs as a result, you may be able to file an official complaint. To do so, you need to take the following steps:
- Hire a prison abuse lawyer who can protect and advocate for your rights
- File a formal complaint directly with the SCDC correctional facility where the abuse took place
- If the issue remains unsolved, then file a complaint directly with the SCDC
- If both the prison and the Department of Corrections refuse to address your complaint, you may be able to contact the offices of Governor Henry McMaster.
About Axelrod & Associates, P.A.
Since our firm was established in 2005, the team at Axelrod & Associates, P.A. has been advocating for the rights of those suffering abuse while dutifully serving out their prison sentence with the SCDC. Going up such a large branch of the state government and the prison system may feel like an impossible task, but with over 100 years of combined experience, we are here to act as your legal champions and help you seek justice.
FAQs About How Do You File a Claim Against the SCDC for Prison Abuse in South Carolina
Can I File a Wrongful Death Claim If My Loved One Died While Incarcerated?
Yes, you may be able to file a wrongful death claim if your loved one has died while incarcerated due to abuse or an act of negligence. If you believe your loved one has died a wrongful death at the hands of a SCDC employee or the system itself, you need to hire a prison abuse and wrongful death lawyer who can determine who to hold liable. From 2015-2021, 777 people died in SCDC facilities.
What Are the Rights of Prisoners in South Carolina?
The rights of prisoners in South Carolina are protected under federal law. When these rights are violated, it could be grounds for filing an abuse claim against the SCDC. These rights include:
- the right to live under humane conditions
- the right to be protected against rape and/or assault
- rights against any racial discrimination or segregation
- the right to food, water, and medical or mental care
- the right against physical torture
How Long Do I Have to File a Prison Abuse Case Against the SCDC?
How long you have to file a prison abuse claim against the SCDC depends on who is involved in the claim. Many civil rights and personal injury claims in South Carolina must be filed within three years of when the abuse took place. However, in government cases, there may be additional notice requirements and shorter deadlines, so it is important to hire an attorney as soon as possible.
How Can a Civil Rights and Prison Abuse Lawyer Help Me?
A civil rights and prison abuse lawyer can help you in many ways. They are here to listen to your side of the story and answer all of your questions before providing you with objective and honest advice. We are also here to investigate the prison policies and the policies of the SCDC to see if any of your Constitutionally protected rights were, in fact, violated.
Hire a Prison Abuse Lawyer Today
Prison abuse is a very real and very serious issue in our society today. Many people believe that thanks to multiple prison reforms and our modern age, prison abuse no longer happens. This belief could not be farther from the truth.
If you or a loved one has suffered while serving their sentence, you need to hire a prison abuse lawyer as soon as possible. At Axelrod & Associates, P.A., we are here to help. Contact our offices today and schedule your initial consultation.
