South Carolina

quick facts

Think Intentional Torts, Not Constitutional Rights

South Carolina does not recognize an implied constitutional right to damages. The South Carolina Tort Claims Act (“SCTCA”) governs the procedure when an individual is injured by the action or inaction of the State, its political subdivisions, or employees acting within the scope of their official duty. ¹ The SCTCA is construed in favor of limiting the liability of the State and its agencies. ² The statute waives government immunity broadly before enumerating 40 exceptions to this waiver. ³ Government employees are personally liable only for actions constituting “actual fraud, actual malice, intent to harm, or a crime involving moral turpitude,” ⁴ and government entities are immune from these actions. ⁵