End qualified immunity in South Carolina

Case Studies

Bills and Legislation

Introduced in 2023

Pending

This bill, titled the Transparency in Justice Act, is a far reaching piece of legislation introduced by Senator Mia McLeod in late 2022. It covers not only qualified immunity but also addresses chokeholds and no-knock warrants. It was referred to committee in 2023 but has not moved forward.

Legislation details Graded rubric

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(3/4legislation passed)

  • ✓
    Ends Qualified Immunity for all law enforcement officers

    Yes, section 11 of the bill states, "**A state or local law enforcement officer who, while acting under color of law, deprives a person of rights, privileges, or immunities secured by the South Carolina Constitution or the laws of this State is liable to the injured party for legal or equitable relief or any other appropriate relief**… (2) In claims brought pursuant to this section, it is not a defense that, nor is a defendant immune from liability because: (a) **the defendant was acting in good faith, or the defendant believed, reasonably or otherwise, at the time of his conduct that the conduct was lawful; or ** **(b) the rights, privileges, or immunities secured by the South Carolina Constitution or the laws of this State were not clearly established at the time of their deprivation by the defendant, or the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his conduct was lawful.**"

  • ✗
    Ends Qualified Immunity for all public employees

    No, the bill does not meet the standard. Section 11 of the bill states, "**A state or local law enforcement officer who, while acting under color of law, deprives a person of rights, privileges, or immunities secured by the South Carolina Constitution or the laws of this State is liable to the injured party for legal or equitable relief or any other appropriate relief**… (2) In claims brought pursuant to this section, it is not a defense that, nor is a defendant immune from liability..."

  • ✓
    Ends Qualified Immunity for all state constitutional violations

    Yes, section 11 of the bill states, "**A state or local law enforcement officer who, while acting under color of law, deprives a person of rights, privileges, or immunities secured by the South Carolina Constitution or the laws of this State is liable to the injured party for legal or equitable relief or any other appropriate relief… **(2) In claims brought pursuant to this section, it is not a defense that, nor is a defendant immune from liability because: (a) the defendant was acting in good faith, or the defendant believed, reasonably or otherwise, at the time of his conduct that the conduct was lawful; or (b)** the rights, privileges, or immunities secured by the South Carolina Constitution or the laws of this State were not clearly established at the time of their deprivation by the defendant, or the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his conduct was lawful.**"

  • ✓
    Ends monetary caps on all public liability amounts

    Yes, section 11 of the bill states, "**Statutory immunities and limitations on liability, damages, or attorneys' fees do not apply to claims brought pursuant to this section**. The provisions contained in Chapter 78, Title 15, the South Carolina Tort Claims Act, do not apply to claims brought pursuant to this section."

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(1/5legislation passed)

  • ✗
    Implements a failure-to-intervene clause

    No, the bill does not meet the standard.

  • ✗
    Guarantees that victims are compensated the full amount awarded

    No, the bill does not meet the standard.

  • ✓
    Starts attorney fees

    Yes, section 11 of the bill states, "In any action brought pursuant to this section,** a court shall award reasonable attorneys' fees and costs to a prevailing plaintiff. If a judgment is entered in favor of a defendant, then the court may award reasonable attorneys' fees and costs to the defendant for defending any claims that the court finds frivolous.**"

  • ✗
    Starts holding individual employees accountable

    No, the bill does not meet the standard.

  • ✗
    Starts disclosing public records

    No, the bill does not meet the standard. SC Code § 30-4-40 states that law enforcement records are not subject to public disclosure under the state’s freedom of information laws.

Case studies in South Carolina

Qualified immunity impacts everyone. Officers in your state are violating community members’ rights without consequence.

Explore the map below to discover examples and stories where you live.

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