SUMMONS IN THE COURT OF COMMON PLEAS STATE OF SOUTH CAROLINA ) ) ) CIVIL ACTION 2017-CP-42- COUNTY OF SPARTANBURG

Similar documents
YOU ARE HEREBY SUMMONED and required to Answer the Complaint, a copy of

Case: 4:17-cv Doc. #: 1 Filed: 07/19/17 Page: 1 of 14 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI

Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOURTEENTH JUDICIAL CIRCUIT COUNTY OF HAMPTON ) CASE NO.: 2019-CP-25-

IN THE COURT OF COMMON PLEAS STATE OF SOUTH CAROLINA CASE NO CP-23- COUNTY OF GREENVILLE. Sylvia Lockaby, Plaintiff, vs.

Case 3:16-cv KI Document 1 Filed 11/14/16 Page 1 of 8

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 2:17-cv GJQ-TPG ECF No. 1 filed 01/25/17 PageID.1 Page 1 of 14 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

3:17-cv MGL Date Filed 08/29/18 Entry Number 88 Page 1 of 10

3:17-cv MGL Date Filed 06/29/18 Entry Number 55 Page 1 of 8

Plaintiffs, Defendants. COMPLAINT. necessary medical care for serious medical needs by the defendants during her commitment to the

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) THIRD JUDICIAL CIRCUIT COUNTY OF WILLIAMSBURG ) C/A NO CP-45-

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS TENTH JUDICIAL CIRCUIT COUNTY OF OCONEE C.A. NO.: 2017-CP-10- Jane Doe, Plaintiff,

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION

Case 3:17-cv Document 1 Filed 12/19/17 Page 1 of 9

Summons SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WAYNE X

IN THE CIRCUIT COURT FIFTEENTH JUDICIAL CIRCUIT LEE COUNTY, ILLINOIS COMPLAINT

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No.

led FEB SUPERIOR COURl l.h '-.. irornia BY DEPUTY 1. GENERAL NEGLIGENCE 2. WILLFUL MISCONDUCT 3. WRONGFUL DEATH 4.

Case 2:16-at Document 1 Filed 08/04/16 Page 1 of 9

CV CMCO 01/06/ :18:35 PM OLDFIELD, JOY M Page 1 of 8 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO CASE NO.:

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

FILED: BRONX COUNTY CLERK 01/26/ :43 AM INDEX NO /2018E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/26/2018

Case 3:18-cv Document 1 Filed 09/19/18 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff, Joseph DiNoto, by and through his attorney, avers the following against the PARTIES

Case: 1:14-cv Document #: 1 Filed: 09/09/14 Page 1 of 15 PageID #:1

Case 1:06-cv JJF Document 5 Filed 06/20/2006 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES DISTRICT COURT

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FL0RIDA

Courthouse News Service

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Courthouse News Service

In the United States District Court for the District of Colorado

Attorney for Plaintiffs A.C. a minor and C.C. a minor

Case 2:17-cv JS-GRB Document 1 Filed 12/11/17 Page 1 of 33 PageID #: 1 ) ) ) ) ) ) ) ) ) ) ) ) ) )

CAUSE NO. V. JUDICIAL DISTRICT DEFENDANTS. TARRANT COUNTY, TEXAS PLAINTIFFS ORIGINAL PETITION NOW COMES SHERRY REYNOLDS, BRANDON REYNOLDS, KATY

FILED: NEW YORK COUNTY CLERK 11/29/ :47 PM INDEX NO /2015 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/29/2017

U NITED STATES DISTRICT C OURT tor the

Plaintiffs, by their attorney, NORA CONSTANCE MARINO, ESQ. complaining of the defendants herein, respectfully show this Court, and allege

2:15-cv MAG-RSW Doc # 1 Filed 04/01/15 Pg 1 of 9 Pg ID 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

LAW ENFORCEMENT LIABILITY

Case 2:10-cv GCS -VMM Document 1 Filed 12/14/10 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

Case 3:15-cv JLS-JMA Document 1 Filed 06/26/15 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JURISDICTION AND VENUE

to redress his civil and legal rights, and alleges as follows: 1. Plaintiff, Anthony Truchan, is a resident of Nutley, New Jersey.

)(

Plaintiff, for its Complaint against the above-captioned Defendants, states and

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION COMPLAINT FOR DAMAGES WITH JURY DEMAND

Case 5:13-cv PSG-AJW Document 22 Filed 01/21/14 Page 1 of 20 Page ID #:256

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

Me.- I IlOOlqq. Summons. YOU are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the.

) ) ) ) Plaintiffs, ) ) SUMMONS vs ) ) ) ) ) Defendants. )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION

Case 2:06-cv FSH-PS Document 20 Filed 01/10/08 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:06-cv VM-HBP Document 1 Filed 07/10/06 Page 1 of 9

Case 5:16-cv RWS-CMC Document 1 Filed 01/29/16 Page 1 of 7 PageID #: 1

Courthouse News Service

Case 2:17-cv JEM Document 1 Entered on FLSD Docket 11/01/2017 Page 1 of 17

CAUSE NO. v. FALLS COUNTY, TEXAS I. DISCOVERY CONTROL PLAN LEVEL

.JAh : Plaintiff Salah Williams, residir,g at 129 Chancellor Avenue in the City of Newark,

CASE 0:12-cv PJS-TNL Document 15 Filed 08/14/12 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Case 2:18-cv PMW Document 2 Filed 06/06/18 Page 1 of 21 UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION

Case 2:10-cv HGB-ALC Document 1 Filed 04/20/10 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JANET DELUCA CIVIL ACTION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION V. CAUSE NO.: COMPLAINT (JURY TRIAL DEMANDED)

Case 5:17-cv Document 1 Filed in TXSD on 04/13/17 Page 1 of 11

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. Defendants. : : June 26, 2018 COMPLAINT

Case 2:17-at Document 1 Filed 11/15/17 Page 1 of 9

Case 4:16-cv JEG-CFB Document 1 Filed 12/23/16 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Case: 1:18-cv MPM-DAS Doc #: 1 Filed: 11/03/18 1 of 16 PageID #: 1

Case: 1:15-cv Document #: 1 Filed: 03/04/15 Page 1 of 14 PageID #:1

:MONMOUTH COUNTY :LAW DIVISION Plaintiff(s), :DOCKET NO. MON-L

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION COMPLAINT. COMES NOW the Plaintiff, Patrick Hardy, by and through his attorney, Joshua D.

Courthouse News Service

INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2018

Case 1:17-cv RDB Document 1 Filed 03/06/17 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND (NORTHERN DIVISION)

Case 3:17-cv DJH Document 3 Filed 02/06/17 Page 1 of 10 PageID #: 13

Case 2:17-cv Document 1 Filed in TXSD on 12/12/17 Page 1 of 10

Case 1:13-cv MKB-RER Document 1 Filed 01/04/13 Page 1 of 12 PageID #: 1. Plaintiff, Defendants. REYES, M.J PRELIMINARY STATEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION. Plaintiffs, CIVIL ACTION NO. v.

FILED: NEW YORK COUNTY CLERK 10/20/ :37 PM INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/20/2014

3:14-cv SEM-TSH # 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION

Case 3:18-cv JSC Document 1 Filed 05/02/18 Page 1 of 11

Case: 1:13-cv HJW Doc #: 1 Filed: 03/28/13 Page: 1 of 9 PAGEID #: 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) FIRST AMENDED COMPLAINT AND JURY DEMAND

E-FILED 2017 MAY 11 3:00 PM DELAWARE - CLERK OF DISTRICT COURT

v. Civil Action No. 3:09-cv PLAINTIFF S ORIGINAL COMPLAINT A. Parties

Case 2:15-cv LFR Document 1 Filed 11/11/15 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case: 4:13-cv HEA Doc. #: 27 Filed: 12/02/13 Page: 1 of 15 PageID #: 128

Courthouse News Service

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MANATEE COUNTY CIRCUIT CIVIL DIVISION

D-1-GN Cause No. v. JUDICIAL DISTRICT

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE. vs.

FILED: NEW YORK COUNTY CLERK 01/12/ :18 PM INDEX NO /2016 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/12/2018

Filing # E-Filed 12/22/ :53:20 PM

2:13-cv BAF-MKM Doc # 1 Filed 06/24/13 Pg 1 of 14 Pg ID 1

Transcription:

STATE OF SOUTH CAROLINA COUNTY OF SPARTANBURG DELTON JASPER and BAKARI SELLERS, As Co-Personal Representatives of the Estate of DELVIN TYRELL SIMMONS, Deceased, v. Plaintiff, SPARTANBURG METHODIST COLLEGE; SPARTANBURG METHODIST COLLEGE CAMPUS SAFETY DEPARTMENT/SMC POLICE DEPARTMENT; and ANDREW TOMLINSON, INDIVIDUALLY AND/OR IN HIS OFFICIAL CAPACITY, Defendants. TO THE DEFENDANTS ABOVE-NAMED: IN THE COURT OF COMMON PLEAS CIVIL ACTION 2017-CP-42- SUMMONS YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, of which a copy is herewith served upon you, and to serve a copy of your Answer to said Complaint in the subscribed to Scott C. Evans, EVANS MOORE, LLC, 121 SCREVEN STREET, GEORGETOWN, SOUTH CAROLINA, 29440 within THIRTY (30 DAYS after the service hereof, exclusive of the date of such service; and if you fail to answer the Complaint within the time aforesaid, judgment by default will be rendered against you for the relief demanded in the Complaint. s/scott C. Evans Scott C. Evans, SC Bar 77684 James B. Moore III, SC Bar 74268 Evans Moore, LLC 121 Screven Street Georgetown, SC 29440 Office: (843 995-5000 Fax: (843 527-4128 scott@evansmoorelaw.com

October 31, 2017 Georgetown, South Carolina james@evansmoorelaw.com Joel T. Hamilton, SC Bar 79086 Jason Burgess, SC Bar 102504 Schiller & Hamilton 197 S Herlong Avenue Rock Hill, SC 29732 Office: (803 366-0333 JHamilton@schillerhamilton.com JBurgess@schillerhamilton.com Attorneys for the Plaintiff

STATE OF SOUTH CAROLINA COUNTY OF SPARTANBURG DELTON JASPER and BAKARI SELLERS, As Co-Personal Representatives of the Estate of DELVIN TYRELL SIMMONS, Deceased, v. Plaintiffs, SPARTANBURG METHODIST COLLEGE; SPARTANBURG METHODIST COLLEGE CAMPUS SAFETY DEPARTMENT/SMC POLICE DEPARTMENT; and ANDREW TOMLINSON, INDIVIDUALLY AND/OR IN HIS OFFICIAL CAPACITY, Defendants. IN THE COURT OF COMMON PLEAS CIVIL ACTION 2017-CP-42- COMPLAINT The Plaintiffs, Delton Jasper and Bakari Sellers, bring this Complaint as Co-Personal Representatives of the Estate of Delvin Tyrell Simmons, against Spartanburg Methodist College, Spartanburg Methodist College Campus Safety Department/SMC Police Department, and Andrew Tomlinson, and would respectfully show unto this Honorable Court: JURISDICTION AND VENUE 1. The Plaintiffs, Delton Jasper and Bakari Sellers (hereinafter Plaintiff s are the Co- Personal Representatives of the Estate of Delvin Tyrell Simmons (hereinafter Plaintiff Decedent. 2. Defendant Spartanburg Methodist College (hereinafter SMC is a private college located in Spartanburg, South Carolina. SMC is organized and exists under the laws of the State of South Carolina, and operates a college located at 1000 Powell Mill Road, Spartanburg, South Carolina. 1 of 10

At all times hereinafter mentioned in this lawsuit, Defendant SMC acted and carried on its business by and through its agents, servants, and/or employees. Additionally, these agents, servants, and/or employees (to include and not be limited to the college campus safety department and personnel mentioned below were operating within the scope of their officially assigned and/or compensated duties. 3. Defendant Spartanburg Methodist College Campus Safety Department/SMC Police Department (hereinafter referred to as SMC Campus Safety is a law enforcement agency licensed by the State of South Carolina and staffed/operated/funded by Defendant SMC. SMC Campus Safety is recognized and authorized as a South Carolina law enforcement agency by the State of South Carolina and the United States Federal Bureau of Investigations. SMC Campus Safety Officers have the ability to conduct investigations, obtain warrants, and make arrests both on and off of the SMC campus. 4. Defendant Andrew Tomlinson (hereinafter Defendant Tomlinson is an agent, servant, and/or employee of SMC Campus Safety. At all times relevant to this litigation, Andrew Tomlinson was acting individually and/or under color of state law in his official capacity as a law enforcement officer with SMC Campus Safety. As a licensed law enforcement officer, Defendant Tomlinson was well-aware of Plaintiff Decedent s constitutional right to be free from excess force. 5. Venue is proper in this Court because the alleged acts and omissions giving rise to this cause of action occurred in Spartanburg County, South Carolina. FACTS 6. On November 9, 2015, Plaintiff Decedent was twenty (20 years of age and was a secondyear student at Limestone College in Gaffney, South Carolina, where he majored in early childhood education. 2 of 10

7. The Plaintiffs are informed and believe that on the evening of November 9, 2015, Plaintiff Decedent Delvin Simmons and a friend attended a women s basketball game held at Spartanburg Methodist College. 8. The Plaintiffs are informed and believe Defendant Tomlinson was on duty with SMC Campus Safety on the evening of November 9, 2015. 9. During the course of the evening on November 9, 2015, SMC Campus Safety was alerted to the possibility of a vehicle break-in within the Sparrow Hall parking lot. It was later determined that two males were suspected of entering unlocked vehicles on the campus. 10. The Plaintiffs are informed and believe that SMC Campus Safety officer Justin Yarborough was notified, via text message from a student, to the potential that a vehicle had been entered in the parking lot of the Sparrow Hall dorm. Officer Yarborough, who was watching the men s basketball game with Defendant Andrew Tomlinson in the school gymnasium, signaled Defendant Tomlinson and the two of them left the gymnasium and went to the Sparrow Hall parking lot. 11. Upon arriving to the Sparrow Hall parking lot, Officers Tomlinson and Yarborough approached the Plaintiff and his friend in the parking lot. After speaking with the officers briefly, the Plaintiff and his friend left the area. Shortly thereafter, Officer Justin Yarborough located and detained the Plaintiff s friend. At the same time, Plaintiff Decedent Delvin Simmons returned to his vehicle and attempted to leave the campus. Plaintiff Decedent reversed from his parking space at a normal rate of speed, and placed his vehicle into drive. As the Plaintiff attempted to lightly depress the accelerator of his vehicle to move forward, Defendant Tomlinson, whose firearm was already drawn, leapt into the pathway of the vehicle and opened fire into the front windshield of Mr. Simmons vehicle four times, striking him twice in the head and killing him. 3 of 10

12. Plaintiffs allege the Defendants acted in a grossly negligent manner and used excessive, unjustified, and lethal force while attempting to detain and question a witness/suspect to a misdemeanor offense. 13. As a direct and proximate result of these acts and omissions, Plaintiff Decedent suffered the following injuries and damages: a. A violation of his Constitutional rights under the Fourth, Eighth, and Fourteenth Amendment to the United States Constitution and Article 1 of the South Carolina Constitution to be free from the use of excessive force; b. Loss of his life; and c. Physical pain and suffering and emotional trauma and suffering. 14. The heirs of Plaintiff Decedent further suffered the untimely end of their relationship with their beloved son and the corresponding loss of his services, protection, care, assistance, society, companionship, comfort, guidance, counsel and advice, and were forced to incur funeral and burial expenses. 15. The acts and omissions of the Defendants violated the following clearly established and well-settled Federal and State Constitutional rights of Delvin Tyrell Simmons by using excessive force. FOR A FIRST CAUSE OF ACTION Negligence & Gross Negligence - Survival (Against Defendants SMC and SMC Campus Safety 16. The foregoing factual allegations are made a part of this First Cause of Action through incorporation by reference. 4 of 10

17. The above incident and Plaintiff Decedent s resulting injuries and death were proximately caused by the negligent, grossly negligent, reckless, willful and wanton acts of the Defendants SMC and SMC Campus Safety, in the following particulars: a. in failing to exercise reasonable or slight care by using deadly force on an individual who was simply attempting to drive out of the campus parking lot; b. in failing to exercise reasonable or slight care by allowing its agent/employee to open fire on a suspect/witness to a misdemeanor who was simply trying to leave the parking lot; c. in failing to exercise reasonable or slight care to adhere to proper law enforcement procedures when approaching a witness/suspect; d. in failing to exercise reasonable or slight care to have in place proper and adequate policies, procedures and protocols for law enforcement officers approaching a witness/suspect or, if such policies, procedures and protocols were in place, in failing to use due care to enforce them; e. in failing to exercise reasonable or slight care to have in place and adequate policies, procedures and protocols for the use of deadly force or, if such policies, procedures and protocols were in place, in failing to use due care to enforce them; f. in failing to properly train and educate their employees to exercise independent judgment and care; g. in such other particulars as may be ascertained through discovery procedures undertaken pursuant to South Carolina Rules of Civil Procedure. 18. As a direct and proximate cause of Defendants acts of omission and commission, the Plaintiff Decedent, Delvin Simmons, was shot twice, causing Plaintiff to sustain serious personal injury and death. As such, Plaintiff is entitled to an award of ACTUAL and CONSEQUENTIAL DAMAGES. 5 of 10

19. Defendants conduct as outlined above was reckless, wanton, and willful, as such Plaintiff is further entitled to an award of PUNITIVE DAMAGES. FOR A SECOND CAUSE OF ACTION Negligence & Gross Negligence - Wrongful Death (Against Defendants SMC and SMC Campus Safety 20. The foregoing factual allegations are made a part of the Second Cause of Action through incorporation by reference. 21. The above incident and Plaintiff Decedent s resulting injuries and death were proximately caused by the negligent, grossly negligent, reckless, willful and wanton acts of the Defendants SMC and SMC Campus Safety, in the following particulars: a. in failing to exercise reasonable or slight care by using deadly force on an individual who was simply attempt to drive out of the campus parking lot; b. in failing to exercise reasonable or slight care by allowing its agent/employee to open fire on a suspect/witness to a misdemeanor who was simply trying to leave the parking lot; c. in failing to exercise reasonable or slight care to adhere to proper law enforcement procedures when approaching a witness/suspect; d. in failing to exercise reasonable or slight care to have in place proper and adequate policies, procedures and protocols for law enforcement officers approaching a witness/suspect or, if such policies, procedures and protocols were in place, in failing to use due care to enforce them; e. in failing to exercise reasonable or slight care to have in place and adequate policies, procedures and protocols for the use of deadly force or, if such policies, procedures and protocols were in place, in failing to use due care to enforce them; f. in failing to properly train and educate their employees to exercise independent judgment and care; 6 of 10

g. in such other particulars as may be ascertained through discovery procedures undertaken pursuant to South Carolina Rules of Civil Procedure. 22. As a further result and because of the Defendants reckless, willful and grossly negligent conduct which ultimately caused the wrongful death of Delvin Simmons, Plaintiffs are entitled to ACTUAL and CONSEQUENTIAL DAMAGES in an amount to be determined by a jury in accordance with the law and evidence in this case. 23. Defendants conduct as outlined above was reckless, wanton, and willful, as such Plaintiffs are further entitled to an award of PUNITIVE DAMAGES. FOR A THIRD CAUSE OF ACTION Negligent Hiring, Retention, Supervision (Against Defendants SMC and SMC Campus Safety 24. The foregoing factual allegations are made a part of this Third Cause of Action through incorporation by reference herein. 25. Defendants owed statutory and common law duties to Plaintiff Decedent to refrain from negligently hiring, training, supervising and/or retaining employees. 26. Defendants were negligent in hiring and retaining Defendant Tomlinson and Officer Yarborough and knowingly retained these officers despite the fact that these officers prior work history as well as their work while employed with Defendants presented a foreseeable risk that these officers would fail to perform their responsibilities in a reasonable manner that was consistent with generally accepted law enforcement procedure and protocol. 27. Defendants further knew or reasonably should have known that because of their prior work history and tenure as uniformed law enforcement officers that neither Defendant Tomlinson nor officer Yarborough were suitable candidates to serve as police officers and carry lethal force. 28. Defendants failed to perform reasonable training and supervision of its armed police officers in the following areas: 7 of 10

a. Use of Force; b. Use of Deadly Force; c. Safe practices for pursuit of potential suspects on the college campus; d. Avoiding dangerous situations with potential suspects while on campus; e. Preventing unsafe conditions for students on the college campus; f. Ensuring student and bystander safety; and, g. Balancing lawful objectives with appropriate use of force. 29. As a further result and because of the Defendants reckless, willful, grossly negligent, and negligent failure to properly hire, retain, and supervise its employees which ultimately caused the death of Delvin Simmons, Plaintiffs are entitled to ACTUAL and CONSEQUENTIAL DAMAGES in an amount to be determined by a jury in accordance with the law and evidence in this case. 30. Defendants conduct as outlined above was reckless, wanton, and willful, as such Plaintiffs are further entitled to an award of PUNITIVE DAMAGES. FOR A FOURTH CAUSE OF ACTION 42 U.S.C. 1983 -Excessive Force (Against Defendant Andrew Tomlinson 31. The foregoing factual allegations are made a part of this Fourth Cause of Action through incorporation by reference herein. 32. During the time period in question, Defendant Tomlinson was acting under the color or pretense of State law, customs, practices, usage as a licensed law enforcement officer, and had certain duties imposed upon him with regard to Plaintiff Decedent. Additionally, during the timeperiod in question, the Defendant was well-aware of the Plaintiff s constitutional right to be free from excessive force. 8 of 10

33. The above incident and the Plaintiff Decedent s resulting injuries and death were proximately caused by the intentional, reckless, willful, and wanton acts of the Defendant by using unjustified, lethal force against the Plaintiff Decedent in violation of the Fourth, Eighth, and Fourteenth Amendments to the United States Constitution. Such unjustified use of lethal force constitutes excessive force, cruel and unusual punishment, and a violation of the right to due process guaranteed by the Fourth, Eighth, and Fourteenth Amendments of the United States Constitution. 34. The Plaintiff posed no physical threat to any of the Defendants or to the general public at large and Defendant Tomlinson had no reasonable belief that he was in danger of death or severe bodily injury. 35. Defendant s acts and omissions constituted an excessive use of force proximately causing a violation of Plaintiff Decedent s Fourth, Eighth, and Fourteenth Amendment rights. 36. As a direct and proximate result of the Defendant s act of willful, malicious, conscious and deliberate indifference, the Decedent suffered deprivations of his rights secured by the Fourth, Eighth and Fourteenth Amendments to the United States Constitution. WHEREFORE, Plaintiffs respectfully pray for judgment against Defendants for all ACTUAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, in an amount to be determined by a jury at the trial of this action; attorney s fees and costs pursuant to 42 U.S.C. 1983 and 1988; and for such other and further relief as this Court deems just and proper. Respectfully Submitted, s/scott C. Evans Scott C. Evans, SC Bar 77684 James B. Moore III, SC Bar 74268 Evans Moore, LLC 121 Screven Street Georgetown, SC 29440 9 of 10

October 31, 2017 Georgetown, South Carolina Office: (843 995-5000 Fax: (843 527-4128 scott@evansmoorelaw.com james@evansmoorelaw.com Joel T. Hamilton, SC Bar 79086 Jason Burgess, SC Bar 102504 Schiller & Hamilton 197 S Herlong Avenue Rock Hill, SC 29732 Office: (803 366-0333 JHamilton@schillerhamilton.com JBurgess@schillerhamilton.com Attorneys for the Plaintiff 10 of 10