Myrtle Beach Police Misconduct Lawyer

Myrtle Beach Police Misconduct Attorney

Law enforcement officers in South Carolina are permitted to arrest individuals whom they have a good reason to believe have broken the law. When the police abuse their power through misconduct, it hurts public safety, but the victim of the police misconduct can often suffer serious long-term consequences. If you are facing a similar situation, a Myrtle Beach police misconduct lawyer at Axelrod & Associates, P.A., can help you hold officers accountable.

Our legal term firmly supports the civil rights of every person, regardless of whether the individual has broken a law. With over 100 years of combined experience, our attorneys make it their top priority to protect the constitutional rights of our clients, and if you have suffered because of police misconduct in the Myrtle Beach area, we want to make sure you have the highest possible chance of getting the desired outcome in your legal claim.

South Carolina Police Misconduct Laws

Law enforcement officers are required to follow rigid procedures to preserve the civil rights of the individuals they interact with. Police misconduct is a broad term that can encompass a wide variety of improper behaviors that infringe upon these rights. Some of the most common ways can include:

• Repeated instances of excessive force when dealing with prisoners or with the public
• Reckless behavior with vehicles or weapons, such as firearms, that creates a dangerous environment
• Illegally using a controlled substance
• Physically and/or mentally abusing prisoners or the public
• Lying, falsifying, or otherwise providing misleading information

In South Carolina, a claimant generally has two years from the date of the incident to file a legal claim against responsible officers or agencies. However, this can vary depending on the specific facts of the case, so it is essential to act quickly and hire a police misconduct lawyer in Myrtle Beach as soon as possible.

According to a recent report, civilians filed 2,453 complaints of police misconduct in South Carolina from 2016 to 2022. 29% of claims ruled in favor of the claimant. South Carolina law enforcement was responsible for 193 deaths, which is a rate of 1.1 deaths per 10,000 arrests. 7% of reported deaths were unarmed.

Police brutality

One of the provisions in the US Constitution protects people from excessive use of force by police officers. Law enforcement may use force to control the situation, but the force must be appropriate and reasonable. However, what is reasonable and appropriate can be subjective, depending on the circumstances and the officer’s response.

Wrongful Death

When a law enforcement officer’s actions are inappropriate, and a person dies as a result, surviving family members or the decedent’s estate may be eligible to file a wrongful death claim. Improper actions by a law enforcement officer include, but are not limited to, using excessive force, denying medical care in an emergency, dangerous cell conditions for prisoners, and disregarding public safety, such as reckless driving during a high-speed chase.

Sexual Assault

When a law enforcement officer abuses their position of trust to engage in criminal sexual conduct, assault, sexual harassment, rape, and other sexual crimes, the victim may be entitled to recover damages.

Wrongful Arrest

Wrongful arrest is when a police officer takes a person into custody without having proper legal justification. When this occurs, the arrested person may be able to file a legal claim. However, the claimant must prove that the arrest was intentional and lacked legal justification, which can be challenging.

Illegal Search and Seizure

Just as police must have legal justification to arrest a person, officers must have legal justification to search a person’s possessions or seize them. In many cases, this means law enforcement officials must obtain a search warrant or the individual’s consent.

Abuse of Inmates

Inmates in jail or prison also have the right to humane conditions and safety from physical and mental abuse. If law enforcement officers, guards, or other people in positions of power violate these rights, the victim can often file a legal claim to hold the perpetrators accountable.

Failure to Intervene or Report Abuse

Law enforcement officers have an obligation to intervene and report when another officer engages in physical abuse. Failure to do so can also count as police misconduct.

Damages in Police Misconduct Cases

In South Carolina, victims of police misconduct may be eligible to file a legal claim against the officer and/or the agency. A favorable outcome generally means the claimant receives compensation for any damages that resulted from the misconduct. Common damages in police misconduct cases can include:

• medical costs
• future medical costs for severe or chronic injuries
• personal property that was destroyed or damaged in the incident
• missed work
• loss of earning potential
• physical pain and suffering
• mental anguish and emotional harm
• loss of quality of life
• punitive damages, which punish the officer in cases of reckless or malicious conduct

How a Trusted Myrtle Beach Police Misconduct Attorney Can Help Your Case

Police misconduct cases can become incredibly complicated because the system often protects law enforcement officers and agencies from civil liability. In general, a claimant must show that the officer’s actions were unreasonable under the circumstances, but it can be difficult to obtain sufficient evidence to prove it. This means navigating the legal complexities of police misconduct cases requires an extensive understanding of court procedures and related laws.

A skilled lawyer with a deep knowledge of police misconduct cases can assess the facts of your case, determine all potential damages you sustained, and develop a comprehensive strategy tailored to your unique circumstances. Your attorney can work tirelessly to achieve the most favorable outcome possible in your case and hold all liable parties accountable for the misconduct that had negative consequences for you.

The lawyers at Axelrod & Associates, P.A. have the experience, skills, and resources to fight aggressively for your rights and interests. If you have suffered due to police misconduct, you deserve a fierce legal advocate who is committed to recovering the damages you deserve. Contact Axelrod & Associates, P.A. today to discuss your case and learn how our attorneys can help.