June 3, 2016 – Professor Joanna Schwartz commented in a Washington Post article on how caps placed on compensatory damages and attorney’s fees affect police misconduct lawsuits filed in state courts.
While most states and the federal government put caps on punitive damages, only South Carolina and a handful of other states (including Maryland, New Hampshire, Oregon and Florida) cap compensatory damages as well. In South Carolina, the cap also includes attorney’s fees.
"It's definitely a disincentive," said Professor Schwartz. "That just isn't enough money to make it worth an attorney's time."