The evidence that matters most in an excessive force lawsuit is the evidence that shows what the officer saw and did, second by second. That means video first. Then your medical records, the people who watched it happen, and the department’s own paperwork. In South Carolina, body camera footage isn’t a public record, but you and your lawyer can ask for it (S.C. Code Ann. § 23-1-240).
What Does a Court Ask in an Excessive Force Case?
A court asks whether the force was reasonable at that moment. It doesn’t ask whether the officer meant well. The U.S. Supreme Court set the test in Graham v. Connor in 1989. Force is judged “from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight” (Graham v. Connor, 490 U.S. 386).
The Court named three questions. How serious was the crime? Were you an immediate threat to anyone? Were you resisting or trying to run? Every piece of evidence below answers one of those.
Why Is Video the Most Important Evidence?
Video is the one witness that doesn’t remember things differently later. Body cameras, dash cameras, store security cameras and a bystander’s phone can all show who moved first. They can show whether you were already on the ground.
South Carolina law says body camera recordings are not public records under the Freedom of Information Act (S.C. Code Ann. § 23-1-240(G)(1)). So a records request alone often won’t get them. The same statute lets the person in the recording, a party to a pending civil case, and their attorney request and receive the footage through the court rules or a court order (§ 23-1-240(G)(5)). That’s a lawyer’s job, and it’s a big reason not to wait.
Store cameras often record over themselves on a loop, so ask for that video soon.
How Do Medical Records Help Your Claim?
Medical records turn “he hurt me” into something a jury can see. The ER visit, X-rays, photos of bruises and follow-up appointments all tie your injuries to that encounter. Get checked even if you feel fine. Some injuries show up days later.
Take photos every day while bruises and swelling change. A gap between the incident and your first doctor visit is something the other side will point to.
Do Witnesses Still Matter If There’s Video?
Yes. Video can miss angles, sound and what happened before the camera turned on. A neighbor or stranger who saw it can fill those gaps. Write down names and phone numbers the same day if you can.
If someone filmed it on their phone, ask them to save the original file. We’ve written about what to do if you witness police brutality for exactly that person.
What Department Records Can Help?
The department’s own papers often matter as much as the video. The incident report, any use-of-force report, booking records and dispatch audio show what officers said at the time. Sometimes that doesn’t match the footage. Prior complaints against the same officer can matter too.
Start with how to get a copy of a police report in South Carolina.
Frequently Asked Questions
What evidence do I need for an excessive force lawsuit?
Video, medical records, witness names and the department’s reports. Each shows whether the force was reasonable.
Can I get body camera footage of my own arrest in South Carolina?
The footage isn’t a public record. But as the person in the recording, you and your attorney can request it under court rules or a court order (S.C. Code Ann. § 23-1-240).
Is an excessive force case state or federal?
It can be either, or both. A federal claim usually runs under Section 1983. A state claim against a government agency runs under the South Carolina Tort Claims Act.
How long do I have to file an excessive force lawsuit?
There are deadlines. A Tort Claims Act case is generally barred after two years (S.C. Code Ann. § 15-78-110). Exceptions exist, so talk to a lawyer about your own dates.
Talk to a South Carolina Police Misconduct Attorney
Chris Wilson and Lauren B. Dangerfield bring more than three decades of combined experience to these cases at Wilson Law Group, LLC. If you were hurt by police, read more about our work as a South Carolina police misconduct attorney. Then call 803-245-7799 for a free consultation. There’s no obligation, and no fee unless we recover for you. The filing deadline may look far off. Still, call right away. Camera footage gets overwritten, witnesses move on, and evidence needs to be preserved early.
This article is general information about South Carolina and federal law, not legal advice. Reading it doesn’t create an attorney-client relationship.
