Civil Rights – Civil Practice – Statute of Limitations – General vs. Specific Statute

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In a case arising out of a school resource officer’s sexual relationship with the plaintiff-student, S.C. Code Ann. § 15-3-555 would have set the statute of limitations at six years after plaintiff turned 21. However, plaintiff brought her claim under 42 U.S.C. § 1983, and the limitation period for such a claim is borrowed from the state’s general or residual statute for personal injury actions. That statute – S.C. Code Ann. § 15-5-530(5) – sets a limitation period of three years.

We affirm the district court’s dismissal of plaintiff’s claims as time-barred.

Despite knowing the facts giving rise to her claims – including defendants’ failure to pursue their investigation of the relationship – plaintiff waited more than three years after she turned 18 to file this action. Plaintiff has failed to show fraudulent concealment by defendants.

Doe-2 v. Sheriff of Richland County (Lawyers Weekly No. 003-025-23, 24 pp.) (Giles, J.) No. 21-1771. Appealed from USDC at Columbia, S.C. (Cameron McGowan Currie, S.J.) Scott Christopher Evans, Kathleen Barnes and James Moore for appellant; Andrew Lindemann and Robert Garfield for appellees. United States Court of Appeals for the Fourth Circuit