Category Archives: In the Courts

$5.7 Million and Counting: The Wheaton Place at Trolley Run Station Class-Action Lawsuit Settlements. 


by Don Moniak
August 23, 2024

Trolley Run Station in Northwest Aiken is one of the largest housing developments in Aiken County.  At present, there are 1,066 housing units on the more than 1,500-acre site, with another 1,091 single family homes  in the longer-term planning process (1).

One of the many subdivisions within Trolley Run is Wheaton Place, which is composed of 87 townhomes and was built between 2012 and 2016. 

Within a few years, residents were experiencing problems from stormwater, including flooding of backyards and water intrusion; as well as and HVAC and plumbing defects. The problems were severe enough across the subdivision that the Lucey Law Firm of Mount Pleasant, South Carolina, was retained to seek remedy on the part of homeowners.

A class-action lawsuit (2) naming four defendants—the developer Invesco LLC, ATSCO, Inc, Wagaman’s HVAC Sales and Service, and Hardy Plumbing, was filed by Attorney Justin Lucey on November 11, 2020.  In addition to the four initial defendants, “John Does #1-50” and “Jane Does #1-50” were listed to allow for additional defendants to be added to the suit. In total, an additional 32 defendants who had worked on aspects of the project were added to the Complaint; which was amended three times.

The order granting the class-action status was issued on February 2, 2022 (3). Eventually, 86 of the 87 eligible property owners signed up for the class action suit. 

The allegations in the original Complaint were outlined as defective work that led to additional property damages: 

The residences contained latent building defects, which have resulted in cracking foundations, water intrusion, and MEP (mechanical, electrical, and plumbing) deficiencies. These latent defects, in combination with storms and other fortuitous events, and regular and repeated exposure to harmful elements, including but not limited to water intrusion and differential settlement, have caused consequential damages to non-defective portions of the Residences.” 

A long series of Motions to Compel and Crossclaims have characterized the proceedings. In addition to the Plaintiff having to compel the production of records, especially from the developer Invesco, numerous Defendants filed Crossclaims and subsequent Motions to Compel against fellow Defendants. 

Figures 1-4. (1) Heavy erosion on graded slope during construction (top); (2) Graded slope subject to heavy stormwater runoff into flat backyards and homes (middle); (3) Retaining wall that is gradually failing (lower right); (4) Aerial view of Wheaton Place townhomes subdivision (lower left). (Photos by Site Consultants, Inc.)

Three experts were retained to review the project and identify construction deficiencies and damages (Figures 1-3 and 5-8).

One expert, Thomas Sherod of Site Consultants, Inc., issued a report that described backyards as being “extremely flat;” which allowed for flooding following any significant rain event, and eventual water intrusion into homes. The retention walls were cited as being of poor quality, contributing to site erosion and compounding the flooding problems. Numerous defects of the site’s detention pond were also identified; with the pond described as a “hazardous catch basin” due to a lack of fencing and drainge deficiencies. 

A second expert, Rhett Whitlock, identified a litany of issues, including non-weather resistant storage room and patio doors that were prematurely deteriorating, masonry stone veneer that was cracking, cracking slabs and foundations, inadequate waterproofing, finished flooring below grade, and “overall poor workmanship.” 

A third expert, Warren Maddox, focused on HVAC issues, described code violations, including improperly installed ductwork, drain pans lacking draining capability, inadequate insulation, and adverse condensation issues.  

As a result of the numerous defects, the average cost estimate for repairs was $125,000 per home—compare this estimate to the costs of the homes, which have sold for anywhere from $91,000 to $160,000 in the past decade. Only a few have been sold after 2020. 

After three and a half years of litigation, defendants began to settle. 

On May 4, 2024, the first partial settlement for $3,895,000 and involving fourteen defendants was ordered. After attorney fees and expenses, $2,202,040 was placed in an account for the homeowners. 

On August 21, 2024, a Second Amended Motion for Partial Settlement was heard in the Second District Court of South Carolina. There were no objections from the twelve defendants in the second settlement, the Presiding Judge Kimpkins agreed to approve the settlement within a day. The total second partial settlement was for $1,799,750; in addition the developer, Invesco LLC, agreed to convey three of its remaining townhome properties that are currently under lease to the homeowner’s association. 

In total, $5.7 million has been awarded to the Plaintiffs and $3.27 million is now in an account for homeowners. 

Eleven defendants officially remain in the class-action suit, Unless another partial settlement is reached, the case will eventually go before a jury. 

Figures 5-8: More alleged defects and damages. (Photos and original captions by Site Consultants, Inc.)

Footnotes

(1) According to a recent development application to the County Planning Department for the Ashland at Trolley Run Station residential development: 

There are currently 523 single family homes, 288 apartments and 255 townhomes located in the development with one full access point on Vaucluse Road (Catenary Boulevard) and one full access point on Robert M. Bell Parkway (SC 118) (Trolley Run Boulevard) with an additional 612 single family homes and 246 townhomes constructed at Phase 1. At Phase 2 – Buildout, the site is planned to have a total of 2,226 single family homes, 288 apartments and 501 townhomes, an increase of 1,091 single family homes. One additional access points is planned on Vaucluse Road west of Catenary Boulevard, which is planned as part of the Buildout conditions.”

(2) The voluminous case file is available at sccourts.org. It is not a complete file; very few depositional or discovery documents are available. 

(3) This was not the first class-action lawsuit involving townhomes in Aiken. In 2012 a class-action was granted for homes on Spencer Drive and surrounding neighborhoods. In 2014 another class-action was granted for more townhomes in the Eastgate area south of the former Aiken Mall. Lucey Law Firm also litigated those cases. 

Another Verdict of Gross Negligence

Jury Awards $950,000 to Aiken County Detention Center Inmate

by Don Moniak

October 22, 2023.

Earlier this month, a twelve-person Aiken County jury heard the case of Rhoads vs Southern Health Partners et al. The Plaintiff in the litigation was Cassiopia Rhoads, an Aiken County resident who was booked (1) into the Aiken County Detention Center on May 3, 2019.

Several days after her prison intake, she began to complain of headaches and nausea, and a large knot had developed on her head. By the end of the month, witnesses described the swelling as having grown to the size of a “softball” or “grapefruit.” Her condition deteriorated to the point that emergency brain surgery was required, during which a large portion of her skull was removed.

On October 13th, the jury returned a verdict that found the Aiken County Sheriff’s Office (ACSO) and the Aiken County Detention Center (ACDC) grossly negligent through “acts or omissions” which “proximately caused injury” to Plaintiff Cassiopia Rhoads.

The jury awarded the Plaintiff $950,000. The Aiken County Sheriff’s Office had been offered a settlement of $250,000 in March of 2022. The Sheriff’s Office declined that offer.

For its part, the detention center’s contract medical provider, Southern Health Partners (SHP), chose to settle for an undisclosed amount prior to the jury trial, and was dismissed from the case. In March of 2021, SHP had declined a $500,000 settlement offer.

The Verdict Form submitted by the jury on October 13, 2023.

The Summons and Complaint

In November 2020, eighteen months after Ms. Rhoads suffered an unknown head injury (2) and subsequent severe complications while incarcerated at the Aiken County Detention Center, the lawsuit alleging negligent, gross negligent , and reckless acts was filed in South Carolina’s Second Judicial Circuit Court (3) by Columbia Attorney Francis Hinson and Florence Attorney Patrick McLaughlin,.

In the detailed Summons and Complaint, it was alleged that ACDC medical provider Southern Health Partners (SHP) and its staff allegedly “failed to properly screen, monitor, and otherwise treat” Ms. Rhoads, failed to properly train corrections officers, and failed to follow its own policies and procedures or comply with contractual obligations. Southern Health Partners’ latest contract to provide medical services at Aiken County Detention Center began on July 1, 2018.

In regard to the Sheriff’s Office and County jail, the Plaintiff alleged they both “failed to ensure that…Correction Officers were properly trained on how to report/monitor inmates for signs of injury, illness, or medical issue which may require medical attention.” The Complaint also listed a long litany of standard operating procedures and training lacking at the jail.

The medical treatment timeline was never in question. Both sides agreed that Ms. Rhoads received medical treatment—at issue was whether the treatment and care by the Defendants was negligent, grossly negligent, and/or reckless. The County did argue that, because Ms. Rhoads had “over twenty medical encounters” in her one-month jail stay, there was no absence of “slight care” and therefore no gross negligence.

Also undisputed was the fact that Rhoads was “barricaded,” in a higher security cell after protesting her lack of care on May 24th and requesting transfer to a hospital. By the time of that lockdown, her head had a grapefruit sized swelling.

And there was no dispute that the end result for Ms. Rhoads included a large hole in her skull after undergoing brain surgery.

Graphic in Plaintiff’s Pretrial Brief


An Expert’s Affidavit

The Summons was accompanied by an affadavit from Dr. Jose Vazquez, the Chief of Infectious Diseases at Augusta University/Medical College of Georgia. The Summons, affidavit, and subsequent filings reported that, at some point Cassiopia Rhoads suffered a head injury that led to medical complications that eventually led to a craniotomy—a brain surgery technique which requires “the surgical removal of part of the bone from the skull to expose the brain” for surgery.

The Vazquez affidavit provides the most succinct timeline and description of what was known at the time, and is summarized here as follows:

Rhoads was incarcerated on May 3, 2019 with no symptoms of injury or illness; and kept in pre-trial detention. Four days after intake she reported headaches, fever, nausea, coordination problems, and fatigue to the medical staff, who also noted a “knot in her head.” Four days after that she was found laying on the floor complaining that, “I have a huge abscess on the side of my head that keeps getting bigger.”

Rhoads requested medical attention on May 16, 20, 21, and 28, every time complaining of symptoms ranging from severe nausea, earaches, dizziness, fever, severe head pressure, vomiting, fluid on the side of her head, a swollen face, and severe pain from a growing abscess and swelling on her head, which had grown to “the approximate size of a softball,” by May 28th.

On June 2, four weeks after reporting symptoms, followed by a visibly deteriorating condition, she was found passed out on the floor. Four hours later she was transported to Aiken Regional Medical Center. According to the affidavit, she was never provided “any medical treatment other than Tylenol, Ibuprofen, and Amoxil;” and her temperature was only taken once. At the hospital, Ms. Rhoads registered a temperature of 102.5 F.

On June 5, Ms. Rhoads “underwent a craniotomy, a surgical opening into the skull, and was diagnosed with epidural abscess and osteomyelitis” due to an antibiotic (methicillin) resistant strain of staphylococcus aureus.

Dr. Vazquez concluded in his affidavit that, had her “condition been properly identified and treated, she likely would have only required a course of antibiotics for treatment and would not have had to undergo surgery.”

Excerpt from the April 29, 2020 affidavit of Dr. Jose Vazquez. Aiken County’s denial in an interrogatory of the diagnoses of “epidural abscess and osteomyelitis” necessitated the hiring of a second expert witness to testify at the trial.


Witness Affadavits and the Motion for Spoliation.

The Plaintiff’s health condition in May of 2019 was later described in layman’s terms by several witnesses— whose testimonies were cited in a Motion for a Determination of Spoliation. In that motion, the Defense alleged that, “ACDC did not preserve any of the copious amounts of video footage taken of Plaintiff during detainment in May and early June of 2019,” and asked for an “adverse inference” against the defense for what the videos would have contained.

Testimony of deposed witnesses cited in the spoliation motion included these statements:

  • “The abscess grew enormous and was both visible and obvious.” 
  • “I could not look at Cassi without immediately noticing this giant deformity, which had caused her head and face to become misshapen and was rather gross to look at…you did not have to be a nurse or a doctor to know that something was wrong with Cassi.” 
  • “Despite the growing abscess contorting the side of her head, Plaintiff was not taken to (ARMC) until June 2, 2019, at which time the infectious process had been allowed to continue for so long that a sizable portion of the Plaintiff’s skull had been destroyed. Plaintiff required brain surgery and now has a large hole in her skull about the size of a fist….she had been complaining about the abscess since her 9th day of the 31-day detainment.” 

    (The court’s ruling on the motion is not contained in the public case files)

    The Plaintiff’s Pretrial Brief.

    By the time of the trial, further documentation of the extent of the injury was presented. Whereas a craniotomy involves replacement of the skull “flap” removed during surgery, in this case a portion of the skull had to be removed, resulting in a craniectomy. In the pre-trial brief, the abscess and associated complications were described as follows:

    Plaintiff had developed a large boggy lesion over [her right] temple.’..the abscess on the right side of Plaintiff’s head had grown to approximately 9.7 x 2.2cm in size, had destroyed a large portion of her skull, and was so extensively invading her brain that it was causing a ‘right-to- left-midline shift’ (meaning that Plaintiff’s brain had been forcefully pushed to one side by the invasion of the infectious mass into her skull).”

    Plaintiff was ultimately diagnosed with a subgaleal abscess, an epidural abscess, osteomyelitis (a bone infection), and sepsis. Plaintiff required neurosurgery to remove the infectious mass, and, because the abscess had become so large and invasive due to the failure of the Plaintiff to receive adequate medical treatment in a timely manner, a substantial portion of the Plaintiff’s skull had to be removed.”

    In total, Ms. Rhoads spent thirty-five days in Aiken Regional Medical Center.

    Minimum Standard of Care

    Aiken County parties were represented by Attorney Andrew Lindemann, whose specialties include defending government agencies from various legal complaints. Lindemann has successfully represented Aiken County and the City of Aiken in numerous lawsuits. Southern Health Partners was represented by James Long and Amy Geddes from the Nexsen Pruet law firm of Columbia.

    The case for all parties centered in large part on the extent to which Minimum Standards for Local Detention Facilities in South Carolina (MSSC) applied to the defending parties. Southern Health Partners argued twice in its first answer that the minimum standards “are not binding on SHP or its employees, or its physician/provider contractors.”

    The County’s legal position was that the minimum standards “have never been adopted as regulations and do not have the ‘force of law,’” and therefore are not legally applicable to the detention center. This dispute was summed up in Sheriff Hunt’s Trial Brief simply as “the parties do not appear to agree on the duty of care owed under South Carolina law.”

    In addition to the standard lengthy arguments pertaining to the levels of immunity from damage claims enjoyed by government agencies and employees, Lindemann pursued several other arguments on behalf of the Aiken County government agencies, which were best articulated in Sheriff Hunt’s Trial Brief :

  • Due to the “division of labor” in prisons, Corrections Officers are not obligated to attempt to override the opinions of medical professionals; and Southern Health Partners was responsible for medical treatment at all times. 

    The “division of labor” argument did not survive the scrutiny of one corrections officer. In her deposition she described having made more than twenty complaints about medical treatment shortcomings to her supervisors. When asked if she disagreed that licensed medical professionals “should make medical decisions instead of unlicensed corrections officers,” she replied:

    Under certain circumstances, absolutely, because it falls under deliberate indifference when the medical department won’t send someone out and you can clearly see they are in need of medical attention they are not providing adequately.”

  • Even if there was no training of the kind authorized in the SHP contract, the Sheriff’s Office is not legally required to train corrections officers in medical monitoring and care. 
  • A damage claim was unwarranted because the Sheriff’s office had no legal obligation to enforce the terms of the County’s contract with Southern Health Partners, citing state law precedent that “a mere breach of contract is not actionable as a tort in South Carolina.”

    Aiken County’s overall defense appears to have relied more on disagreements in interpretation of the law between the two parties, and not as much on the facts of the case. The jury heard both, rendered its verdict that the Sheriff’s Office and its Detention Center were grossly negligent in the care of inmate Cassiopia Rhoads, and chose to award the Plaintiff damages nearly four times an earlier settlement offer.

    This was the second jury verdict of gross negligence against the Sheriff’s Office and its Detention Center in the past year. One year ago an Aiken County jury returned a verdict of gross negligence in the case of Owens vs Sheriff Michael Hunt et al and awarded former inmate Otis Owens $175,000.

    Like the Rhoads case where the jury award was nearly four times greater than the settlement offer, the jury award in the Owens case was more than twice the settlement offer.

    Both cases also involved formal allegations of malfeasance in the Sheriff’s Office and/or county jail. In the Owens case, the accusation was that ACSO “nefariously colluded, deceived opposing counsel, and wasted the Court’s time for the purpose of attempting to force the trial without Owens present.” In the Rhoads case, there was the Motion of Spoliation asserting missing video tape evidence.

    If the Owens jury verdict was considered an anomaly at the time, County officials might ask if the Rhoads case indicates a costly trend for county taxpayers.

Footnotes:

(1) The first general provision of Title 24 of South Carolina law—Corrections, Jails, Probations, Paroles, and Pardons—pertains to a Sheriff’s responsibility for managing county jails: 

The sheriff shall have custody of the jail in his county and, if he appoints a jailer to keep it, the sheriff shall be liable for such jailer and the sheriff or jailer shall receive and safely keep in prison any person delivered or committed to either of them, according to law.”

Given this basic fact that all prisoners must be kept safely, the cause for arrests or convictions is irrelevant in the case of gross medical negligence or other inmate mistreatment; and therefore is only footnoted here.

The lawsuit does not at any time document the cause of the arrest and incarceration. Case records at sccourts.org show Ms. Rhoads was arraigned on a fraudulent check charge on May 4, 2019, and burglary on the same day.

Prior to May 2019 she had an eight-year history of arrests for offenses such as forgery, receiving stolen property, shoplifting, petty larceny, and bad check writing. Following her hospitalization, she was charged with a number of offenses including grand larceny, unlawful carrying of a firearm, burglary, and heroin possession.

(2) While no cause for the initial injury or other harm to the head was identified by the Plaintiff, the Defendants offered differing causes.

In a Memorandum in Opposition to Plaintiff’s Motion to Compel, Southern Health Partners speculated that drug use was the cause, without naming the drug in question:

This case is not complicated. Plaintiff was incarcerated at the Aiken County Detention Center, but was a heavy drug user and contracted an infection likely from injecting herself with illegal drugs. The infection manifested itself in a very rare and unusual location – her cranium.

In Defendant Hunt’s Pre-Trial Brief, the Defense merely stated Ms. Rhoads fell, but that no head injury was detected.

The defendant, who was a severe heroin and meth drug addict, had fallen prior to her arrest and incarceration on May 3, 2019. The medical screening done at intake at ACDC does not reflect any head injuries.”

(3) A second, federal court lawsuit was filed in May of 2022 naming Southern Health Partners, three of its employees, and four ACDC corrections officers as defendants. The federal Complaint alleges violations of Eighth Amendment and Fourteenth Amendment constitutional rights.

The Summons for that suit provides additional insights into the case, including the lack of a “post-incident review:”

No post-incident review was conducted to identify how an inmate who had repeatedly complained of a visibly deteriorating condition, and who had correctional officers advocating on her behalf, was allowed to suffer and deteriorate.”

The federal Complaint also details the gray area in the “division of labor” argument. For example, Paragraph 38 describes instances where corrections officers discussed Ms. Rhoads’ medical condition and how to respond to it both amongst themselves and with medical staff. In one instance, a Deputy disputed a nurse’s opinion that Ms. Rhoads was “self-inflicting,” an unlicensed opinion that was proven to be true.




A Verdict of Gross Negligence

$150,000 Jury Award in Owens vs Sheriff Michael Hunt et al.

by Don Moniak

November 30, 2022

The first general provision of Title 24 of South Carolina law—Corrections, Jails, Probations, Paroles, and Pardons—pertains to a Sheriff’s responsibility for managing county jails:

The sheriff shall have custody of the jail in his county and, if he appoints a jailer to keep it, the sheriff shall be liable for such jailer and the sheriff or jailer shall receive and safely keep in prison any person delivered or committed to either of them, according to law.”

On November 4, 2022, an Aiken County jury in the Second Circuit Court of South Carolina returned a verdict finding Aiken County Sheriff Michael Hunt and three local government agencies grossly negligent in their supervision and confinement” of Aiken Detention Center inmate Otis Owens in January, 2017. The jury awarded $150,000 in damages.

Owens has a criminal record dating back to the late 1990’s for convictions ranging from receiving stolen goods and grand larceny to a variety of illegal drug possession charges. According to court records, at the time of the incident he was in pre-trial detention.

Sheriff Hunt was first elected in 2003, and since then has easily won five re-elections. Captain Nick Gallum is presently the Jail Administrator for the Aiken County Detention Center, but was not named in the lawsuit. The jail also has chronic understaffing issues—job openings for underpaid detention center officers are a fixture in the county’s jobs listings.

According to the sheriff’s office , the average daily population at the facility is 407 inmates. Around the time of the incident the jail reported to the Aiken Standard that it had exceeded its official capacity—317 inmates at the time—sixteen times in 2016.

The case was filed in June, 2017; and the subsequent five years of litigation featured:

  • Sheriff Hunt and Aiken County declining an offer to settle, in 2018, for $75,000; and again in 2021 for $100,000. 
  • Defense lawyers unsuccessfully preventing Sheriff Mike Hunt from being deposed. 
  • Allegations emerging of pervasive mistreatment of inmates at Aiken County Detention Center; including another personal injury lawsuit in 2022.
  • The Aiken County Sheriff’s Office being accused of “gamemanship” and “nefariously colluding” to force a trial without Owens present.
Figure 1: Jury Verdict form, November 4, 2022.

Timeline of Owens vs Sheriff Michael Hunt et al (1)

June 20, 2017:  On behalf of Otis Owens of Warrenville, SC, Greenville, SC Attorney Joshua Hawkins  files a lawsuit  against Sheriff Michael Hunt, the Aiken County Sheriff’s Office, the Aiken County Detention Center, and Aiken County, claiming:

“”On or about January 27, 2017, when the plaintiff was going in from the recreation yard, an Aiken County Detention Center corrections guard, in searching the plaintiff, probed the plaintiff’s belly button, ran his hands up the inside of the plaintiff’s legs, and grabbed and squeezed the plaintiff’s testicles. The guard maliciously and aggressively assaulted the plaintiff, going beyond anything necessary to search the plaintiff. The guard, while acting for the governmental defendants, acted in disregard for the plaintiff’s rights, and acted in a way that could only be construed as at least reckless and grossly negligent.”

The complaint went on to state that Owens requested and was denied medical treatment; but a month after the assault “ a sonogram revealed that the plaintiff had sustained injuries to his groin and that fluid had accumulated around his testicles, and was treated with Tylenol and antibiotics for ten days for the injuries he sustained as a direct and proximate result of the defendants’ tortious acts.

The complaint asserted that “all governmental and non-governmental entities condoned and ratified the actions of guards, officers, employees, and agents acting on their behalf during the events related to this action.”

July 25, 2017: Attorney William Davidson, representing Sheriff Hunt, the Sheriff’s Office, and Aiken County, answers the complaint by denying all charges and claiming immunity for his clients.

June 15, 2018; Judge Keesley orders mediation, to be completed by October 1, 2018. The deadline is later extended to June 2019.

October 23, 2018: Owens offers to settle for $75,000, and defense declines offer.

October 23, 2019. Owens attorney Joshua Hawkins files a second lawsuit against individual Aiken County detention center guards. The complaint alleges that before assaulting Owens, Deputy Timothy Gibson “accused the plaintiff and other inmates of playing dice,” that no dice were ever found, and that Gibson had “violated another prisoner’s rights in the same way.” (2)

August 12, 2020: Following a separate incident, three Aiken County Detention Center guards are fired after an internal investigation into the beating of an inmate. (3)

February 5, 2021: An Alternative Dispute Mediation results in an impasse.

August, 2021: Owens offers to settle for $100,000.

December 21, 2021: Parties agree to a trial date the week of February 21, 2022.

February 5, 2022: “Due to unique circumstances,” the court orders a 90-day continuance of the case and the jury trial is postponed.

March 1, 2022: Attorney Hawkins files a Motion for Costs (4) describing the twist in the case leading to postponement. Before the trial date, Owens violated parole during house arrest and could not be located. Hawkins alleged that the Aiken County Sheriff’s office knew where Owens was located, chose not to apprehend him, and “nefariously colluded, deceived opposing counsel, and wasted the Court’s time for the purpose of attempting to force the trial without Owens present.

April 4, 2022:  Attorney Davidson files a motion to quash to prevent Sheriff Hunt from being deposed, arguing that he had no firsthand knowledge and his position involves many responsibilities, and that being deposed would only serve to embarrass him:

This witness, who is Sheriff of Aiken County, has little or no firsthand knowledge about the facts of this case. Any information he does have that is even arguably relevant can be gathered from other sources without burdening Sheriff Hunt for a deposition. Because of the demands of his position and the absence of any firsthand knowledge relevant to this case, requiring him to appear for a deposition would be a needless imposition on Sheriff Hunt and his many responsibilities and can only amount to an effort to harass, embarrass or cause undue burden on him in violation of the rules.” 

An affidavit from Sheriff Hunt was also filed, in which he swore he was unaware of the facts in the case—even though the case also involved his overall management of the jail.

April 4, 2022 Affidavit of Aiken County Sheriff Michael Hunt.



May 4, 2022: Judge Keesley orders a jury trial to begin October 31, 2022.

June 20, 2022: Circuit court judge William P. Keesley denies Davidson’s motion to quash the deposition of Sheriff Hunt, writing that because the allegations were part of a pattern in the Sheriff’s Department, that he could be deposed under oath:

The Sheriff has filed an affidavit stating that he knows nothing about any issues related to this lawsuit, aside from what he has learned from staff. He argues that taking his deposition is a waste of time and that the Apex Doctrine prevents his being required to sit for a deposition because he is merely the head of the Department. The court finds that the plaintiff is entitled to depose Sheriff H. Without limiting the scope of the examination, there appears to be an ability to conduct this deposition based on the assertion that this alleged misconduct was a pattern in which members of the Sheriff’s Department engaged.

Sheriff Hunt was deposed under oath and the deposition was entered into the court record. (5)

October 31 to November 4, 2022. After three previously schedule trials were postponed, a five day jury trial is held. Thirteen witnesses were listed for the Plaintiff, while the Defense called no additional witnesses.

The jury ruled in favor of the plaintiff that, based on the preponderance of evidence, the defendants were grossly negligent.

November 14, 2022.  On behalf of the defense, attorneys Davidson and Andrew Lindemann file a motion for a new trial and to dismiss Aiken County from the case, arguing that: 

  • The Sheriff is solely responsible for the management of the Aiken County Detention Center. 
  • The Sheriff is a state officer and not a County officer; therefore Detention Center officers are employees of the Sheriff’s Office and not County employees, and therefore, “Aiken County is not liable under state law for any acts or omissions by an employee of the Sheriff working at the Detention Center.” 
  • The verdict is “grossly excessive.” 
  • There was no expert medical witness testimony. 
  • The plaintiff failed to prove gross negligence in the hiring of employees. 
  • The plaintiff should have filed a charge of assault instead of, or in addition to, gross negligence, against the guards. 

In regard to the latter contention, Davidson and Lindemann argued that: 

“ The gross negligence standard is not applicable to the intentional tort of assault and battery or any vicarious liability claim based on a sexual assault or sexual misconduct committed by Deputy Gibson. In other words, if the Plaintiff intended to bring a tort claim for the sexual misconduct alleged against Deputy Gibson, the proper cause of action would be for assault and battery – not for gross negligence.”

No date has been set to hear the motion for a new trial.

For another story on a larger jury award for gross negligence, see
Another Verdict of Gross Negligence



Footnotes

(1) Information was obtained primarily from court records available at https://publicindex.sccourts.org/Aiken/PublicIndex/
and through the PACER federal court records system available at
https://pacer.login.uscourts.gov/csologin/login.jsf

(2) Hawkins moved to consolidate the cases two months later, but it was instead transferred to federal court. On April 26, 2022, U.S. Magistrate Judge Molly Cherry granted a motion for summary judgement that dismissed all defendants in that case with the exception of detention Timothy Gibson. The case against Gibson is pending.

(3) The case was turned over to South Carolina Law Enforcement Division (SLED), which filed charges of “misconduct in office” against the three officers on January 15, 2021. Court records show a dismissal in one case; and the Aiken Standard reported the cases were diverted to alternative disposition routes.

On July 20, 2022 Neil Alger and Austin Crosby filed a civil suit against the Aiken County Sheriff’s Department on behalf of Clifford Beaudin, alleging gross negligence and claiming, in part, that:

Additionally, ACSO has a practice and history of allowing violations of policies and procedures by employees pertaining to excessive force and the improper treatment of inmates.

The case is pending.

(4) Three weeks after the case was continued for 90 days, Hawkins filed the March 1, 2022, Motion for Costs, which reads as follows:

The plaintiff filed a motion for a day certain in this case, and this case was set for February 21, 2022. While preparing for trial, the undersigned learned that the plaintiff violated the terms of his parole and could not be located. Because the undersigned was unable to contact the plaintiff, the undersigned reached out to the defendants and indicated the plaintiff would resolve the case for the defendants’ last offer. The defendants instructed the undersigned to send power of attorney documents proving that the plaintiff’s mother had authority to settle the case, which the undersigned did. Then the defendants refused to settle the case.

When the defendants refused resolve the case for their last offer, the undersigned asked the defendants if they would agree to a strike the case pursuant to SCRCP 40(j) so that the undersigned could attempt to locate the plaintiff. The defendants refused. The undersigned then had to file a motion with the Court, which the defendants opposed and continued to oppose at a hearing on February 1, 2022.

After February 21, 2022, passed, Otis Owens was immediately arrested. A deputy told Owens that the Sheriff’s Office had known where Owens was for some time, but that Defendant Michael Hunt instructed deputies not to pick Owens up until after the trial date passed. This means that the defendants nefariously colluded, deceived opposing counsel, and wasted the Court’s time for the purpose of attempting to force the trial without Owens present. The defendants should have arrested Owens when they knew where he was instead of attempting to pull a fast one with the Court. Worse, is that the defendants are public servants and instead of doing the job tax dollars compensate them for, they engaged in gamesmanship, wasting tax payor resources with an unnecessary hearing in the process.

Based upon the conduct of the defendants, the plaintiff respectfully requests that the Court order the defendants to pay costs and fees associated with the previously filed Rule 40(j) motion and this motion.”

The motion to pay costs and fees was denied in the same order denying the defense motion to quash the deposition of Sheriff Hunt.

(5) The depositions of Sheriff Hunt, other ACSO officials, Owens, and other detention center inmates are not publicly available at sccourts.org because they are not scannable. At least one is a video deposition. The depositions have been requested from the Aiken County Clerk of Courts.

On May 22, 2022, during the same period an effort was made to prevent Sheriff Hunt from being deposed, The Aiken Standard publishes a major investigative story by reporter Alexandra Koch detailing a pattern of late night to early morning, warrantless searches on passenger buses on the Aiken County and Lexington County line. The only significant arrest for drug possession during years of routine, warrantless searches was later dismissed by the courts after a judge ruled there was no probable cause for the search, passenger civil rights were violated, and the pretext for the stop was not verified by dashcam video. Sheriff Hunt declined to comment on the issues or the story.