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When you are placed under arrest or in custody of law enforcement, you still retain rights. If the police or prison staff involved in your case have used unnecessary force and you’ve sustained harm, you may have a civil rights claim. Whether you’ve been arrested in Myrtle Beach or have suffered abuse at J. Reuben Long Detention Center, it is important to answer the question, “What are your rights in police shootings and excessive force cases in South Carolina?
Understanding Excessive Force in South Carolina
Every year, across the United States, an estimated 250,000 individuals are injured by law enforcement officers. According to another recent study, 1,317 people were killed by police in 2025 alone. In these situations, excessive force occurs when police officers use more physical power than is necessary to handle a situation. Examples of excessive force include:
- Physical assault or beatings. This can include kicking, striking, or slamming a person who is already surrendering, handcuffed, or not resisting the arrest.
- Wrongful shooting. When the police open fire on unarmed individuals or those who are fleeing a scene and do not pose any kind of immediate threat to others, the shooting is wrongful, and the law enforcement officer should be held accountable.
- K9 attacks without a necessary cause. This occurs when a police dog is deployed on a suspect who is already contained or who poses no threat.
- Tasers used on restrained or compliant persons. This can include the use of an electric stun gun on an individual who is not posing any kind of threat or is already restrained.
While some force may be necessary in certain situations, too much could lead to a legal claim against the officer or their department.
Police Shootings and Wrongful Death
In 2025, 95% of the individuals killed by police were shot, while the other 5% died due to tasers, the use of physical force, and police vehicles. Police shootings are the most obvious form of excessive force.
If your loved one has been shot by police and the lethal force used was unnecessary or unreasonable, then you may be able to file a wrongful death claim against the police officer and the agency responsible for the death of your loved one, and a wrongful death lawyer can help you pursue justice.
Your Legal Rights in South Carolina
When a police officer abuses their power in South Carolina, they don’t just injure your physical person; they are in direct violation of your civil rights. It is important to be aware of these rights so that you can better advocate for yourself in cases of police brutality and misconduct. These rights include:
- Fourth Amendment rights. This amendment works to prohibit law enforcement personnel from using any kind of unreasonable searches, seizures, or force, meaning that they cannot just tackle, beat, or shoot someone unless such action is truly necessary. When force of this nature is used against someone who is compliant, handcuffed, or otherwise non-threatening, then it is a clear violation of this right.
- Fourteenth Amendment rights. This amendment helps protect an individual’s right to due process, or fair treatment under the law. It also offers equal protection, meaning that no one should be targeted, mistreated, or abused based solely on protected characteristics such as race or disability.
- Section 1983 rights. This is a federal law that allows police brutality and misconduct victims to file claims against individual police officers, agencies and departments, or cities when their constitutional rights have been violated.
About Axelrod & Associates, P.A.
With over 100 years of combined experience, the attorneys at Axelrod & Associates, P.A. are here to help you protect your rights in cases of police brutality and wrongful death cases stemming from police shootings. We take cases of police misconduct and brutality seriously and are here to defend your rights today.
FAQs About What Are Your Rights in Police Shootings and Excessive Force Cases in South Carolina
What Should I Do If I Am a Victim of Excessive Force?
If you are the victim of excessive force, there are certain actions you should take to protect your rights and strengthen any future civil rights case. First, seek immediate medical attention and document your injuries through images and videos. It is also important that you collect the contact information of any witnesses, as their testimony could prove essential to your claim.
What Damages Can I Seek in a Police Brutality Case?
In a police brutality case, there are several kinds of damages you might be able to seek, depending on the harm you have suffered. In many cases, victims of police brutality can recover medical expenses related to their injuries, lost wages from having to miss work while healing, and any pain and suffering that they have sustained.
When Can a Police Officer Use Deadly Force?
Police officers are allowed to use deadly force in order to protect themselves when their lives are at risk. It is also allowed for a police officer to employ deadly force in order to protect others from suffering death or serious injury. Any kind of lethal force used, however, is not reasonable unless the suspect is obviously dangerous and is indifferent to risking the lives of others during the confrontation.
Is There a Deadline to File a Civil Rights Claim?
In civil rights cases, there is always a deadline by which you must file your claim. If you miss this deadline, your case will likely be dismissed, and you will be unable to recover any compensation. For this reason, it is crucial that you reach out to a civil rights attorney as soon as possible who can help you file your claim within the necessary period of time.
Hire a Police Brutality Lawyer Today
If you or someone you love was injured by excessive force or killed in a police shooting, you need to hire a police brutality lawyer as soon as possible. At Axelrod & Associates, P.A., we are here to serve you and aren’t afraid of bringing the police to justice. If you have been harmed by law enforcement, you aren’t alone. Contact our offices today to learn how we can help you and schedule your initial consultation.
