A. Introduction

• Library: South Carolina Damages (SCBar) (2009 Ed.)

A. introduction

A "civil rights claim"—which, for the purpose of this chapter, refers to an action filed against a state actor to vindicate constitutional or statutory rights—is largely a creature of federal law.¹ Accordingly, a civil rights action brought in South Carolina resembles one brought in Illinois or New York because it is governed by the same statute, 42 U.S.C. § 1983,² and by the same or similar precedent. Section 1983 provides in relevant part:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . ..subjects . ..any citizen of the United States or

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