ELECTRONICALLY FILED - 2018 May 08 7:42 AM - LEE - COMMON PLEAS - CASE#2018CP3100139

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

)
COUNTY OF LEE ) CASE NO.: 2018-CP-31-_____
)
Jadarius K. Roberts, )
)
Plaintiff, )
) SUMMONS
vs. )
)
South Carolina Department of Corrections, )
)
Defendant. )

TO THE DEFENDANT ABOVE-NAMED:

YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy
of which is hereby served upon you, and to serve a copy of your Answer to this Complaint upon
the subscriber at the address shown below, within thirty (30) days after service hereof, exclusive
of the day of such service, and if you fail to Answer the Complaint, judgment by default will be
rendered against you for the relief demanded in the Complaint.

_s/C. Carter Elliott, Jr._______

C. Carter Elliott, Jr., Esq.
Elliott & Phelan, LLC
117 ½ Screven Street
P.O. Box 1405
Georgetown, SC 29442
(843) 546-0650
(843) 546-1920 (fax)
May 8, 2018
Georgetown, SC Cezar E. McKnight, Esq.
106 South Acline St.
P.O. Box 688
Lake City, SC 29560
(843) 374-4529
(843) 374-4535 (fax)

ATTORNEYS FOR THE PLAINTIFF

 ELECTRONICALLY FILED - 2018 May 08 7:42 AM - LEE - COMMON PLEAS - CASE#2018CP3100139
) IN THE COURT OF COMMON PLEAS
STATE OF SOUTH CAROLINA )
) CASE NO.: 2018-CP-31-
COUNTY OF LEE )
)
Jadarius K. Roberts, )
) COMPLAINT
Plaintiff, )
) Jury Trial Requested
vs. )
)
South Carolina Department of )
Corrections, )
)
Defendant.

The Plaintiff above-named, complaining of the Defendant herein, would

respectfully show unto this Honorable Court and allege as follows:

PARTIES

1. The Plaintiff is a citizen and resident of the State of South Carolina

and is currently an inmate in the South Carolina Department of Corrections

(inmate number 00365160), presently located at Broad River Correctional

Institution in Columbia, South Carolina.

2. The Defendant, South Carolina Department of Corrections

(hereinafter referred to as “SCDC”), is a governmental agency/entity existing

under the laws of the State of South Carolina and has facilities located

throughout the State, and more particularly, in Lee County, South Carolina

(where Lee Correctional Institution is located), and Columbia, South Carolina

(where Broad River Correctional Institution is located). At all times hereinafter

mentioned in this lawsuit, the Defendant SCDC acted and carried on their

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business by and through their agents, servants, and/or employees at its

various locations, including Lee County.

3. Plaintiff is informed and believes that venue is proper in Lee

County as a substantial portion of the actions and/or occurrences took place

in Lee County.

FACTUAL ALLEGATIONS

4. Around January 2018, Jadarius Roberts was placed in the care

and custody of the Lee Correctional Institution, where he remained until April

2018. Thereafter, he was transferred to Broad River Correctional Institution

where he remains to this present day.

5. The Plaintiff is informed and believes that prior to the events in

question, Lee Correctional Institution (as a level (3) three Correctional Institute)

had a long history of overcrowding and failing to provide adequate security and

supervision over the inmates located at the facility.

6. Specifically, just prior to and during the time period in question,

the Warden and administrators at Lee Correctional Institution failed to provide

the adequate and/or specific number of properly trained security guards at

numerous locations throughout the facility. Further, the administrators,

employees and correctional staff of Lee Correctional Institution knew or should

have known that their failure to provide adequate security measures would

result in unsafe conditions for the inmate population.

7. Further, just prior to and during the time period in question, the

administrators, employees and correctional staff of Lee Correctional Institution

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were well aware of the existence of competing gangs as well as the potential for

violent outbreaks within the inmate population at Lee Correctional Institution.

Additionally, the administrative staff of Lee was well aware that the F-3 Unit

housed the most violent offenders.

8. Prior to the incident in question, it was well known to the

Defendant that a large percentage of the inmate population carried and/or had

access to weapons, including shanks, to inflict physical harm. Further, the

Defendant knew or should have known that their conscious failure to provide

adequate security measures would result in unsafe conditions for the inmate

population – including the type of incident outlined below.

9. Prior to and during the time period in question SCDC policy and

procedure required direct supervision of all inmates located within the Lee

Correctional Institution, and specifically, the F-3 Unit. This required there to be

at least one (1) correctional officer to be present in each wing of each unit

24hrs a day. Prior to and during the time period in question there was

normally only one (1) correctional officer working both wings of the F-3 Unit.

Additionally, there was many times when there were no correctional officers

working either wing of the F-3 Unit.

10. Additionally, prior to and during the time period in question SCDC

policy and procedure required correctional officer to perform cell/security

checks at least once every thirty (30) minutes. This required the correctional

officer to actually see and confirm each inmate located within the unit during

these security checks were alive and well. Prior to and during the time period

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in question, this was not being performed in conscious violation of the SCDC

policy and procedure.

11. Additionally, prior to and during the time period in question, SCDC

policy and procedure required that the unit doors, sally-port doors and cell

doors be locked at all times. Prior to and during the time period in question

this was typically not done in conscious violation of the SCDC policy and

procedure.

12. Additionally, unit/dorm doors are supposed to remain locked at all

times (other than for controlled movements) with a correctional officer present

to ensure that inmates remain in the wing which they are assigned to. Prior to

and during the time period in question this was not being done in conscious

violation of SCDC policy and procedure.

13. The Plaintiff is also informed and believes that a facility-wide

inmate count is to take place around the time of shift-change at 7:00am and

7:00pm – at which time all inmates are supposed to be locked down within

their assigned cells. On the date in question these policies were being

consciously violated by the security personnel on site.

14. During the time period in question SCDC policy and procedure

required that the correctional officers working the housing units (such as the

F-3 Unit) be properly trained to recognize and provide emergency medical care

to inmates who required such care. Also, during the time period in question

SCDC/Lee Correctional Institution had the duty to provide inmates with 24-

hour medical care.

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15. On April 15, 2018, around approximately 6:00pm, the Plaintiff was

housed in the B-Wing and was on the A-Wing of the F-3 Unit playing cards.

The Plaintiff is informed and believes that at this time there was only one (1)

correctional officer covering both wings of the F-3 Unit and that she was mainly

on the B-wing. Additionally, the Plaintiff is informed and believes that all

interior doors (to include all cell doors and those doors leading in and out of

each wing) were all unlocked and open. This allowed inmates to improperly

move from one wing to the next unsupervised. At approximately 7:00pm

(around the time of shift-change) the Plaintiff witnessed the on-coming shift

correctional guard running through the A-wing and then saw a fellow inmate

laying on the floor bleeding from what appeared to be stab wounds. Fearing for

his own life, the Plaintiff attempted to barricade himself into one of the A-wing

cells as violent altercations began to breakout between 15-20 inmates.

However, due to all of the cell doors not being locked, the Plaintiff was unable

to secure the door to the cell he was in; allowing several inmates to push in

and attack him. As a direct result of this attack, the Plaintiff was stabbed at

least twenty (20) times at different locations on his person (to include his head,

shoulder, arms, hands and back). Additionally, because there was no

correctional staff present, the Plaintiff had no protection or means to seek

immediate medical care for his injuries.

16. After completing their violent attack on the Plaintiff, the attackers

then moved on to other inmates within the unit where they violently attacked

and stabbed four (4) other inmates. The Plaintiff is informed and believes that

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these attacks went on over the course of several hours, in multiple housing

units, and resulted in the known deaths of seven (7) inmates and the critical

injuries of at least twenty-two (22), to include the Plaintiff.

17. After the violent attack on the Plaintiff, the Plaintiff attempted to

get help by making his way back to B-wing where he collapsed on the floor. At

this point the Plaintiff was able to see several correctional staff outside of the

unit door. The Plaintiff called out to these staff members begging for

assistance, but none was immediately given. Instead the Plaintiff was forced to

bleed and suffer on the floor for approximately 30-45mins before correctional

staff finally came onto the wing and the Plaintiff was moved to medical. The

Plaintiff remained in the medical office for approximately two (2) hours before

being transported by ambulance to Carolina Pines Regional Medical Center.

While at the hospital the Plaintiff was treated for stab wounds to his head,

shoulder, arms, hands and back. As a direct result of the incident in question

the Plaintiff has suffered and continues to suffer from pain, paranoia, and

nightmares.

18. After this incident and based on numerous other incidents just like

it, SCDC will fail to perform a proper investigation into the incidents in

question. As a result, the above mentioned attacking inmates will most likely

go unpunished and unprosecuted.

FOR A FIRST CAUSE OF ACTION

(NEGLIGENCE/GROSS NEGLIGENCE)

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19. The Plaintiff reiterates each and every previous relevant allegation

as if repeated verbatim herein.

20. The above set forth incidents and the Plaintiff’s resulting injuries

and damages were proximately caused by the grossly negligent, reckless, and

willful and wanton acts of the Defendant in the following particulars:

a. In allowing gross overcrowding at the Lee Correctional

Institution;

b. In failing to provide the appropriate number of

correctional staff at the various locations in Lee Correctional
Institution;

c. In failing to provide adequate and appropriate security

officers at the Lee Correctional Institution;

d. In failing to properly monitor the inmates (mainly the

Plaintiff) at Lee Correctional Institution;

e. In failing to properly train their employees to recognize

a medical emergency;

f. In failing to properly train their employees to properly

recognize a serious medical condition requiring emergent
medical care;

g. In failing to properly train, monitor and supervise its

personnel agents and/or employees so as to ensure the
safety of the inmates located at Lee Correctional Institution;

h. In failing to have appropriate policies and protocols in

place to provide for the safety and wellbeing of the inmate
population at Lee Correctional Institution;

i. If such policies exist, in failing to follow the same;

j. Failing to follow and adhere to the policies and

protocols of the SCDC;

k. In failing to protect the Plaintiff;

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l. In failing to provide any level of security in the F-3
Unit of Lee Correctional Institution after multiple events
indicating danger;

m. In failing to recognize a clearly dangerous situation

after multiple events providing notice;

n. In failing to take any action to prevent inmates from

becoming severely injured after multiple events providing
notice of danger;

o. In failing to provide proper investigations of violent

incidents which occur at Lee Correctional Institution;

p. in failing to take appropriate security measures to

locate and properly dispose of contraband (including shives)
which were being used to injure inmates;

q. In failing to properly classify and monitor inmates at

Lee Correctional Institution; and

r. In failing to provide immediate emergency medical

care.

21. As a direct result of the Defendant’s reckless, willful and wanton,

and grossly negligent conduct, the Plaintiff was severely injured, suffered

needlessly, incurred medical expenses, incurred permanent scarring, and

incurred permanent impairment and disability.

WHEREFORE, the Plaintiff prays for judgment against the Defendant, for

an award of actual and consequential damages, the costs of this action, and for

such other and further relief as this Court deems just and proper.

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 ELECTRONICALLY FILED - 2018 May 08 7:42 AM - LEE - COMMON PLEAS - CASE#2018CP3100139
_s/C. Carter Elliott, Jr._______
C. Carter Elliott, Jr., Esq.
Elliott & Phelan, LLC
117 ½ Screven Street
P.O. Box 1405
Georgetown, SC 29442
(843) 546-0650
(843) 546-1920 (fax)
May 8, 2018
Georgetown, SC Cezar E. McKnight, Esq.
106 South Acline St.
P.O. Box 688
Lake City, SC 29560
(843) 374-4529
(843) 374-4535 (fax)

ATTORNEYS FOR THE PLAINTIFF

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