South Carolina Supreme Court Blocks Employer Liability After Employee's Justified Deadly Force

Published June 24, 2026

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Why it matters

South Carolina's Supreme Court has ruled that an employer cannot face civil liability for negligent hiring, supervision, or retention when an employee's use of deadly force receives criminal immunity under the state's Protection of Persons and Property Act. In Moore v. Green's Grocery, the court held that once an employee's conduct is judicially determined to be justified under the castle doctrine, no "underlying wrongful conduct" exists to support independent negligence claims against the employer. The decision effectively shields employers from civil suits when an employee's force is found lawful.

The ruling applies specifically where a court has affirmatively found the employee's conduct justified. The scope of employer immunity in other factual scenarios—where criminal immunity is not granted or where the employee's actions fall outside castle doctrine protections—remains unclear.

Employers should recognize this decision as a significant limitation on plaintiff theories in workplace violence cases. The ruling creates a high bar for civil recovery: plaintiffs must overcome not only the employer's negligence defense but also the preclusive effect of the employee's criminal immunity. Firms defending employers in these matters should cite Moore v. Green's Grocery early and often, while those representing plaintiffs will need to develop alternative liability theories that do not depend on the underlying employee conduct being wrongful.