If you suffered injuries due to mistreatment by an employee or because of unsafe conditions in jail, contact Evans Moore, LLC today. A South Carolina jail abuse and misconduct lawyer from our firm may be able to represent you in your case and seek financial compensation for the harm someone caused. Inmates have certain rights, such as the right to humane facilities and conditions, and you should be able to serve your sentence in a safe environment. When your rights are being violated in custody, it is critical to have an experienced civil lawyer focused on jail and prison misconduct protecting your interests.
Jail misconduct can take many forms. Abuse, negligence, and lack of medical care are just a few examples of the injustices individuals in jails throughout South Carolina face each day. In the most serious cases, this misconduct can lead to permanent disability or even wrongful death. When the system fails you and you suffer physical injuries, you deserve to hold the at-fault party liable.
At Evans Moore, LLC, our law firm takes cases like this seriously and will fight to advocate for your rights and seek the justice you deserve. Call (843) 995-5000 to speak with one of our South Carolina jail misconduct attorneys and discuss your legal options.
Common Causes of Jail Injuries in the Criminal Justice System
When you’re incarcerated, you give up a lot. You lose some of your civil rights, but you still have the right to basic human needs, such as food, shelter, and healthcare. Unfortunately, many inmates suffer abuse and neglect at the hands of officials and other employees who are supposed to keep them safe. These are civil rights and jail misconduct issues, and an experienced South Carolina jail misconduct lawyer can help you understand your options for seeking accountability and compensation.
Below are some of the most common causes of injuries inmates sustain in jail.
Assault
Injuries can arise when another inmate assaults someone. Guards should stop any fights that break out so no one gets hurt. However, there are times when they turn a blind eye and allow situations like this to occur. If jail staff fail to protect you from known risks of violence, you may have a claim for compensation.
Sexual Assault
Sexual assault can happen in jails due to negligence and lack of supervision. Another issue in jails is them not taking action against an individual who has been accused of sexual misconduct. If you were a victim of either situation, you may be eligible for compensation. Similarly, domestic violence charges can lead to significant disruption in personal lives, emphasizing the need for serious legal representation.
Insufficient Medical Treatment
When injuries occur, medical staff must provide adequate care. Failing to provide this care or hiring unqualified nurses could lead to further injuries, infections, and even death. Deliberate indifference to serious medical needs can violate your constitutional rights and form the basis of a civil lawsuit.
Unsanitary Conditions
Jail officials must maintain a clean facility so inmates aren’t subject to infections, viruses, and other problems.
Exposing people in custody to filthy, unsafe, or hazardous conditions can support a claim for damages when it causes illness or injury.
Transport Accidents
Prisoners sometimes need to appear in court, go to the hospital, or participate in work programs outside of the jail. Employees will drive them to and from these places, but the driver and facility could be liable for resulting injuries if an accident occurs. If you are hurt in a transport crash caused by negligence, you may be able to bring a claim against the responsible parties.
Poorly Trained Staff
Staff members should undergo training to interact with inmates and handle emergencies. Someone who isn’t appropriately trained might deal improperly with an insubordinate inmate or ignore their request to see a doctor.
Jail officials might think that they can get away with treating prisoners poorly just because they are in a position of power. However, that’s not the case. They have a legal duty to ensure every inmate’s health and safety. You might think you’re powerless to seek justice for the misconduct you were forced to endure, but you have rights, and you may be entitled to compensation for your injuries or losses. Proper training, policies, and supervision are essential, and failures in these areas can support a civil jail misconduct claim.
$10 Million South Carolina Jail Medical Negligence Result
Evans Moore, LLC secured a $10 million jury verdict in a South Carolina jail medical negligence case involving an incarcerated man who went nearly three weeks without meaningful medical care while held at the Williamsburg County Detention Center. Evidence at trial showed a sustained pattern of serious neglect, including untreated benzodiazepine withdrawal, multiple seizures and strokes, and the development of a life‑threatening Stage IV pressure ulcer after he was left immobile on a concrete floor.
The jury heard how on‑site medical staff and a private correctional healthcare company failed to respond appropriately to obvious medical emergencies, despite clear signs that the man’s condition was rapidly deteriorating. Of the $10 million award, $700,000 represented economic damages for medical expenses and lost earnings, and $9.3 million represented non‑economic damages for his pain, suffering, and permanent disabilities.
This $10 million outcome highlights Evans Moore, LLC’s willingness to bring complex South Carolina jail misconduct and medical neglect cases to trial and hold private correctional healthcare providers and their leadership accountable when they ignore serious medical needs in custody. It also shows the firm’s ability to dig into what happened behind jail walls and present a compelling case to a jury on behalf of an injured inmate and his family.
Why Choose Our South Carolina Jail Misconduct Lawyers
Families and individuals harmed in custody need a South Carolina jail abuse and misconduct lawyer with real experience, not just sympathy.
- Proven results in jail misconduct and medical neglect cases – In addition to the $10 million Williamsburg County jail medical negligence verdict, our firm has helped secure multiple seven‑figure and high six‑figure results in custody cases, including a $1,325,000 settlement for prison misconduct and medical negligence, a $1,200,000 settlement for prison misconduct and neglect, a confidential settlement in excess of $1 million in a jail misconduct and neglect case, and a $600,000 settlement for the wrongful death of an inmate.
- Recognized trial experience – Attorneys such as James B. Moore III and Scott C. Evans have been selected for Super Lawyers and Rising Stars in South Carolina personal injury law and have appeared on “Top 10 Jury Verdicts in South Carolina” and national top‑verdict lists, reflecting a history of success in high‑stakes cases.
- Focus on complex medical and institutional misconduct – We regularly handle cases involving serious injuries, medical neglect, and unsafe jail and prison conditions, working with medical and corrections experts to show how misconduct and delays in care caused harm.
- Client‑first, contingency‑fee representation – We represent people harmed in South Carolina jails and prisons on a contingency‑fee basis, conduct thorough investigations, and keep clients informed at every stage so they can focus on healing while we pursue accountability and compensation.
When you hire Evans Moore, LLC, you are choosing a South Carolina jail misconduct team with the experience, resources, and proven results needed to hold jails, prisons, and private medical contractors accountable.
Laws That Could Affect Your Criminal Cases
Unfortunately, it can be challenging for inmates to pursue a legal case for the injuries they sustain due to the negligent actions of others. The Prison Litigation Reform Act (PLRA) was enacted to reduce prisoner lawsuits and requires incarcerated people to exhaust all available administrative remedies before filing in federal court. That means you generally must try to resolve the issue through the jail or prison’s grievance system first, following each step and deadline in the rules.
You would typically have to submit a written complaint to a prison official explaining what happened and then pursue all administrative appeals the facility offers. You can only pursue a lawsuit if you properly completed every level of the grievance process and still did not receive relief. Because these procedures and timelines can be confusing, working with a South Carolina jail misconduct lawyer can be critical to preserving your claim and protecting your rights.
State and federal employees have protection from being held liable for someone’s injuries under qualified immunity laws. This means that the jail official would not be financially responsible for any losses you suffered as long as they didn’t violate your constitutional or statutory rights. The only exception to this rule is employees working in privately run prisons and jails that don’t have the same immunity protections as government employees.
Filing a Lawsuit
You can only file a lawsuit against a correctional officer or other government official for the injuries you suffered if you are able to prove the following:
- They violated your statutory or constitutional rights, and
- They knew, or reasonably should have known, that what they were doing was illegal.
Private citizens can typically file a claim for compensation with the at-fault party’s liability insurance company. However, inmates must comply with procedures under the Federal Tort Claims Act. That means you can only challenge the prison employee’s immunity if your injuries resulted from negligence covered by the FTCA, rather than certain intentional misconduct or discretionary decisions.
The first step in this process is to complete and file Standard Form 95. This is essentially a notice informing the federal government that you intend to pursue a claim for monetary compensation. The deadline to file this type of claim is two years from the date your claim accrues. If the Department of Justice accepts your claim, you will receive compensation. However, if they deny your claim, you generally have six months to file a lawsuit if you want to pursue the matter further.
County, state, and city jails follow their own tort claims laws. Unfortunately, that could mean you’re not entitled to pursue legal action for compensation of your injuries. An experienced South Carolina jail and prison abuse lawyer at Evans Moore, LLC is familiar with these laws and can determine if it’s possible to file a lawsuit against the facility or a specific employee for their misconduct.
Eight Amendment
The United States Constitution also offers certain protections to individuals serving time in federal, state, and municipal institutions. The Eighth Amendment prohibits the use of cruel and unusual punishment. During incarceration, you should remain protected from the following:
- Rape and other types of sexual assault
- Unsafe conditions, such as overcrowding or inadequate security
- Excessive force and physical brutality
- Unhealthy conditions associated with hygiene, medical care, food, and shelter
If you suffered a form of jail misconduct and ended up with injuries, you should immediately hire a South Carolina jail misconduct lawyer. You’re facing an uphill battle that you might not win if you don’t seek legal representation. At Evans Moore, LLC, our clients are important to us, and we believe that incarcerated individuals deserve a fair chance to seek accountability and compensation when jail misconduct causes serious harm.
Compensation You’re Entitled to After Jail Misconduct Causes Your Injuries
When a civilian files a claim or lawsuit, they have the right to pursue compensation for their medical bills, out of pocket costs, and other expenses associated with the injury. However, prisoners don’t have to pay for their medical treatment, and loss of income is minimal, considering they don’t get paid much for their jobs. Our firm has extensive experience handling criminal cases, ensuring that our clients receive the compensation they deserve. Theft crimes can also have serious implications, affecting one’s reputation and future opportunities.
The compensation you may ultimately receive is for any future losses you suffer when you get out of jail. Those losses and damages could include:
- Medical bills and future medical care
- Pain and suffering
- Lost wages and reduced earning capacity
- Attorney’s fees
- Out‑of‑pocket expenses related to your injuries
- Loss of consortium
- Wrongful death damages for eligible family members
Evans Moore, LLC can review your case and determine the maximum financial recovery you may be entitled to for your losses. Our team has extensive experience bringing civil claims arising from jail and prison misconduct and works to hold at‑fault officials and facilities accountable for the harm they cause. We will not allow anyone to violate your rights or treat you unfairly during the legal process, and you can depend on our South Carolina jail misconduct attorneys to stand by your side at every stage of your case.
South Carolina Jails and Prisons Where Misconduct Can Occur
People in custody across South Carolina can experience misconduct in many different settings, from short‑term county lockups to long‑term state and federal institutions. Misconduct cases we handle often involve incidents in places like:
- Local county jails serving our communities. Short‑stay detention centers, including the Georgetown County Detention Center in Georgetown County and the Sheriff Al Cannon Detention Center in Charleston County, hold people before trial or on shorter sentences. These facilities are supposed to provide basic medical attention, respond to safety threats, and take reasonable steps to prevent inmate‑on‑inmate assaults and staff abuse.
- County detention centers throughout South Carolina. Civil claims for jail misconduct can also arise in other county jails across the state, such as facilities in Williamsburg County and additional jails listed in South Carolina detention directories. Regardless of location, jail officials must follow constitutional standards for humane conditions, safety, and access to necessary care.
- State prisons and federal correctional institutions. People serving longer sentences may be confined in South Carolina Department of Corrections prisons or federal facilities like FCI Williamsburg and other federal prisons in the state. These institutions have parallel duties to provide adequate medical care, monitor for suicide risk, and reduce known dangers from violence or hazardous conditions.
Whether the misconduct occurred in a county jail near Georgetown or Charleston, another South Carolina jail, or a state or federal prison, our South Carolina jail misconduct lawyers can review what happened and advise you about possible civil claims.
Frequently Asked Questions About South Carolina Jail & Prison Abuse and Misconduct
What counts as “jail misconduct” or abuse in South Carolina?
Jail misconduct or abuse can include physical assaults by officers or other inmates, sexual assault, excessive force, denial or delay of necessary medical care, unsanitary or unsafe living conditions, failure to protect inmates from known risks like suicide or violence, and retaliation for filing grievances or complaints. If jail staff knew about a serious risk to your health or safety and ignored it, that may be misconduct under South Carolina and federal law.
Do inmates in South Carolina jails and prisons still have legal rights?
Yes. Even though incarceration limits some freedoms, inmates still have constitutional rights to be free from cruel and unusual punishment, to receive basic medical care, and to be housed in reasonably safe and sanitary conditions. South Carolina jails and prisons must take reasonable steps to protect people in custody from serious harm, including preventable assaults, obvious medical emergencies, and extreme conditions.
How long do I have to bring a South Carolina jail misconduct claim?
Deadlines depend on who is involved and what kind of claim you have. Many civil rights and personal injury claims in South Carolina must be filed within three years, but cases involving government entities can have additional notice requirements and shorter deadlines. Because evidence in jail misconduct cases can be lost or destroyed quickly, it is important to speak with a South Carolina jail abuse lawyer as soon as possible.
Can I bring a claim if the misconduct happened in a county jail but my loved one is now in a state or federal prison?
Often, yes. Misconduct that occurred in a county jail does not disappear when a person is transferred to a South Carolina state prison or a federal facility. If the abuse, neglect, or denial of medical care at the jail caused injury or made an existing condition worse, a civil claim may still be possible even after a transfer, as long as you are within the applicable time limits.
Do I have to finish the jail or prison grievance process before I can sue?
In most cases involving conditions of confinement, federal law requires people in custody to exhaust the jail or prison’s grievance procedures before filing certain types of civil rights lawsuits. That usually means submitting grievances and appeals within the time limits set by the facility. A South Carolina jail misconduct lawyer can review your situation, explain how the grievance rules apply, and help you avoid mistakes that could affect your ability to bring a claim.
Speak to an Experienced South Carolina Jail Misconduct Attorney Today
At Evans Moore, LLC, we have a reputation for providing aggressive, results‑driven representation in serious jail and prison misconduct cases across South Carolina. We never back down from a fight and use every available resource to pursue the full compensation our clients need and deserve. Our team of lawyers understands how overwhelming it can feel after being abused or neglected in custody, but you have legal options to hold negligent officials and facilities accountable for what happened. You can depend on us to thoroughly investigate the circumstances of your injury or illness and build a strong civil case on your behalf.
Throughout your case, we will be available to answer your questions, update you on the status of your claim, and provide the support and guidance you need during this difficult time. Our firm has received recognition from multiple national organizations for our trial work and the favorable results we’ve achieved for clients throughout South Carolina. With offices in Georgetown, South Carolina, and Charleston, South Carolina, we are well‑positioned to help individuals and families affected by jail and prison misconduct anywhere in the state. See what our past clients have to say about working with our legal team.
The South Carolina jail misconduct lawyers of Evans Moore, LLC are ready to provide you with compassionate and dependable legal services. Call us for a free consultation today at (843) 995-5000, and we will begin reviewing your situation and take the steps necessary to protect your rights.
