Small Claims against the Sheriff's Department (SC)

[mcdo]

Can a plaintiff file a small claim against the sheriff's department in SC for violation of SECTION 15-39-140 (for failure or neglect to make any of the returns mentioned in SECTION 15-39-130)?

 

[adjusterjack]

Not only can't you do it in small claims court, you cannot do it in any court.

South Carolina statute 15-78-60 "the government entity is not liable for a loss resulting from (3) execution, enforcement, or implementation of the orders of any court or execution, enforcement, or lawful implementation of any process;"

Code of Laws - Title 15 - Chapter 78 - South Carolina Tort Claims Act (scstatehouse.gov)

"Entity" includes its employees.

All you can do is report the Sheriff's alleged misconduct to his superiors.

 

[quincy]

Can a plaintiff file a small claim against the sheriff's department in SC for violation of SECTION 15-39-140 (for failure or neglect to make any of the returns mentioned in SECTION 15-39-130)?

What sort of property was not returned?

 

[Taxing Matters]

"Entity" includes its employees.

But only when acting within the scope of their authority. There may be case law in SC, like there is in the federal courts for federal employees, for suing state employees for harm that occurred outside the scope of their official duties. Moreover, while the Sheriff's office cannot be sued for the loss of property, it likely can be sued to be forced to return property of the OP that is still in the Sheriff's possession.

All you can do is report the Sheriff's alleged misconduct to his superiors.

There might also be a possible civil rights claim against the Sheriff or deputies in federal court. I'd suggest that the OP consult some civil litigation attorneys in the state to see if there might be some recourse here.

Of course, there is the issue of whether the cost to pursue any actions that might be available will be worth it. If the dollar amount at issue here would qualify for small claims court, the cost to hire an attorney by the hour to do this would far exceed what the OP could get from it. It's extremely unlikely that any lawyer would do that kind of low dollar case on a contingent fee basis.

 

[quincy]

mcdo, on March 21 you posted to say that the Writ of Execution had not yet been served. I assume from your question here that it now has been? What property was recovered? If firearms were seized from your judgment-debtor, that can be a problem.

Here is your earlier thread:

https://forum.freeadvice.com/threads/writ-of-execution.663052/

 

[adjusterjack]

I think we are spinning our wheels until the OP tells us what happened or didn't happen instead of just citing a statute.

 

[quincy]

I think we are spinning our wheels until the OP tells us what happened or didn't happen instead of just citing a statute.

I agree that more information and clarification from mcdo would be helpful. The statutes, including the link to the statute you posted, could come in handy later, though.