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Judge tosses Alex Murdaugh's lawsuit against former clerk in double murder trial

4:15
Alex Murdaugh could face death penalty in retrial, South Carolina prosecutors say
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ByPeter Charalambous and Janice McDonald
August 05, 2026, 10:06 PM

A federal judge in South Carolina threw out Alex Murdaugh's civil lawsuit against a former clerk whose jury interference led to his double murder conviction being overturned earlier this year. 

Murdaugh sued former Colleton County clerk Becky Hill, alleging she violated his right to a fair trial over the deaths of his wife and 22-year-old son.

U.S. District Judge Richard Gergel said the lawsuit -- which sought $600,000 to pay for his legal fees from the trial -- suffered a "fatal flaw" because Murdaugh would have had to pay for his lawyers regardless of Hill's misconduct. 

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"Defendant had no role in the initiation of criminal charges against Plaintiff," Gergel wrote in his order filed Wednesday. "Plaintiff liquidated his retirement account to fund his defense, which was necessary without regard to the misconduct of Defendant."

The South Carolina Supreme Court in May threw out Murdaugh's convictions for killing his wife and son, finding that Hill made comments to jurors during the trial that impacted their deliberations in what it called "shocking jury interference."

Alex Murdaugh appears in court in Lexington County, South Carolina, June 29, 2026.
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Murdaugh sued Hill days after the South Carolina Supreme Court's ruling. According to Gergel, the lawsuit failed "the most basic test of a common law or constitutional tort" by failing to demonstrate that Hill was responsible for the legal fees Murdaugh sought. 

"Simply stated, Defendant's misconduct was not a proximate cause of Plaintiff's need to fund his defense costs, and there is no credible allegation that 'but for' Defendant's actions Plaintiff would not have found it necessary to fund his defense costs in the first trial," he wrote. 

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Alex Murdaugh murder convictions overturned by South Carolina Supreme Court

Gergel dismissed the case without prejudice, meaning Murdaugh could attempt to refile it. 

Murdaugh's attorneys filed a notice of appeal late Wednesday, signaling they plan to ask the United States Court of Appeals for the Fourth Circuit to reverse the ruling.

Murdaugh's wife, Margaret "Maggie" Murdaugh, 52, and younger son, Paul Murdaugh, 22, were found dead from multiple gunshot wounds near the dog kennels at the family's hunting estate in 2021.

Murdaugh was convicted in 2023 of murdering them following a six-week trial, with jurors deliberating for nearly three hours before reaching a guilty verdict.

He denies being responsible for the murders.

His new trial on the murder charges is tentatively scheduled to begin on April 5, 2027. 

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