ELECTRONICALLY FILED - 2021 Apr 12 10:07 AM - DORCHESTER - COMMON PLEAS - CASE#2021CP1800678
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FOR THE FIRST JUDICIAL CIRCUIT
COUNTY OF DORCHESTER )
NOAH WEST and JAMICA WEST, ) Case No. 2021-CP-18-_______
)
Plaintiffs, )
)
vs. ) SUMMONS
) (Jury Trial Demanded)
TOWN OF SUMMERVILLE, )
)
Defendant. )
)
TO THE DEFENDANT ABOVE-NAMED:
YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy
of which is herewith served upon you, and to serve a copy of your answer to this complaint upon
the subscriber, 548 Savannah Highway, Charleston, South Carolina 29407, 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.
THE PEPER LAW FIRM, PA
s/ Marvin R. Pendarvis
Marvin R. Pendarvis, Esq. (#101832)
Mark A. Peper, Esq. (#72624)
548 Savannah Highway
Charleston, South Carolina 29407
Phone: (843) 225-2520
Facsimile: (843) 225-2554
[email protected]
[email protected]
April 12, 2021
Charleston, South Carolina
ELECTRONICALLY FILED - 2021 Apr 12 10:07 AM - DORCHESTER - COMMON PLEAS - CASE#2021CP1800678
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FOR THE FIRST JUDICIAL CIRCUIT
COUNTY OF DORCHESTER )
NOAH WEST and JAMICA WEST, ) Case No. 2021-CP-18-_______
)
Plaintiffs, )
)
vs. ) COMPLAINT
) (Jury Trial Demanded)
TOWN OF SUMMERVILLE, )
)
Defendant. )
)
The Plaintiffs, by and through their undersigned attorney and complaining of the
Defendant, hereby allege the following facts:
PREFACE
The above-named Plaintiffs bring suit against the Town of Summerville to vindicate their
common law rights under the South Carolina Tort Claims Act; vindicate their rights as afforded
by S.C. Constitution Article I § 3 and Article I § 15. Specifically, they allege Officer T. Jackson
committed acts of gross negligence and violated the rights of Plaintiff Noah West (hereinafter,
“Noah”) when he unlawfully stopped his vehicle, detained Noah, and searched his person and
property without legal justification, and damaged Plaintiff Jamica West (hereinafter, Jamica) by
violating the rights of her son in her presence, which was foreseeable to Defendant. Liability
against the Town of Summerville arises from the acts and omissions of Officer Jackson and from
its own misfeasance in hiring, supervising, and failing to discipline Officer Jackson.
PARTIES AND JURISDICTION
1. Plaintiff Noah is a citizen and resident of Dorchester County, State of South
Carolina.
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2. Plaintiff Jamica is a citizen and resident of Dorchester County, State of South
Carolina.
3. Defendant Town of Summerville is political subdivision, department, or agency of
the state of South Carolina within the meaning of S.C. Code Ann. § 15-78-30(a). At all times
herein, Defendant Town of Summerville acted through its employees. It is a proper party defendant
under the SCTCA and is statutorily liable for the acts and omissions of Officer Jackson and other
employees acting in the course and scope of their employment. This includes the acts and
omissions of other now unknown employees of the Summerville Police Department, for the
negligent hiring, supervision, and discipline of Officer Jackson.
4. Upon information and belief, the incident that is the subject matter of this
Complaint took place in Dorchester County, South Carolina, therefore jurisdiction and venue are
proper before this Court.
FACTS
5. On or about March 21, 2021, Plaintiff Noah was traveling on North Main Street in
Summerville, South Carolina on his way to “Checkers”, a fast-food restaurant, where his mother,
Plaintiff Jamica, worked.
6. As Plaintiff Noah pulled into the restaurant, Officer Jackson of the Defendant Town
of Summerville initiated a traffic stop on Plaintiff Noah.
7. The Officer yelled at Plaintiff Noah to show his hands and exit the vehicle.
8. Plaintiff Noah complied and slowly exited his vehicle as directed.
9. Plaintiff Noah was directed to back up slowly and eventually directed to get on his
knees.
10. Plaintiff Noah’s back was toward the officer at all times.
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ELECTRONICALLY FILED - 2021 Apr 12 10:07 AM - DORCHESTER - COMMON PLEAS - CASE#2021CP1800678
11. Plaintiff Noah complied with each of the officer’s commands at all times.
12. The Officer, along with two other officers employed by Defendant Town of
Summerville, drew their department issued firearms and pointed them at Plaintiff Noah at all times
during the traffic stop.
13. Plaintiff Jamica witnessed the entire traffic stop, to include the Officers holding
Plaintiff Noah at gunpoint.
14. Plaintiff Noah was confused about the stop, not believing he had committed a traffic
violation.
15. The officer issuing commands, and still brandishing his gun, approached Plaintiff
Noah and placed him in handcuffs, while the two other officers searched his vehicle.
16. Plaintiff Noah was detained for nearly forty minutes before being issued a warning
and released to the custody of his mother, Plaintiff Jamica.
17. As described above, Plaintiff Jamica was in close proximity to the incident, is
closely related to Plaintiff Noah, contemporaneously perceived the incident, and as a result,
suffered emotional distress that manifested itself by physical symptoms capable of objective
diagnosis.
18. Defendants did not intend to conduct a lawful traffic stop, or one that was in bounds
of state and local law.
19. As a direct and proximate result of the Defendants’ negligent, reckless and unlawful
conduct described above, Plaintiff Noah and Plaintiff Jamica suffered damages including, but not
limited to, pecuniary loss, pain and suffering, medical expenses, mileage incurred in traveling to
medical appointments, and such additional damages as may be revealed during the trial of this
matter.
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FOR A FIRST CAUSE OF ACTION
(Gross Negligence)
(Negligent Training/Negligent Supervision)
20. Plaintiff Noah realleges the preceding paragraphs as though set forth verbatim
herein.
21. The Defendant owed a duty to Plaintiff Noah not to initiate a traffic stop on his
vehicle without reasonable suspicion and breached that duty by doing so.
22. The actions of the Defendant, as described above, directly violated the Town of
Summerville Police Department policies and procedures of Defendant Town of Summerville.
23. As a matter of both policy and practice, Defendant encourages and is the moving
force behind its officers’ routine use of performing illegal traffic stops by hiring and retaining
unqualified officers, and by failing to adequately train, supervise, and control its officers.
24. By failing to adequately investigate and discipline officers who have engaged in a
pattern of unjustified traffic stops, Defendant manifests a complete, total, and reckless disregard
for the rights of its citizens.
25. Defendant’s actions embolden its Officer’s to perform illegal traffic stops because
its officers believe that their actions will never be scrutinized, investigated or reprimanded.
26. As a direct and proximate result of Defendants’ negligent, reckless and unlawful
conduct, described above, Plaintiff Noah suffered damages including, but not limited to pecuniary
loss, pain and suffering, medical expenses, mileage incurred in traveling to medical appointments,
and such additional damages as may be revealed during the trial of this matter.
FOR A SECOND CAUSE OF ACTION
(False Arrest)
27. Plaintiff Noah realleges the preceding paragraphs as though set forth verbatim
herein.
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28. Defendant did not have probable cause to believe that Plaintiff Noah was
committing or had committed any crime.
29. Defendant caused Plaintiff Noah to be detained without probable cause or legal
justification.
30. Defendant caused Plaintiff Noah to be detained for an unreasonable amount of time
and in an unreasonable manner.
31. As a direct and proximate result of the Defendant’s negligent, reckless, and
unlawful conduct, described above, Plaintiff Noah suffered damages including, but not limited to
pecuniary loss, pain and suffering, medical expenses, mileage incurred in traveling to medical
appointments, and such additional damages as may be revealed during the trial of this matter.
FOR A THIRD CAUSE OF ACTION
(Bystander Liability)
32. Plaintiff Jamica realleges the preceding paragraphs as though set forth verbatim
herein.
33. That Plaintiff Jamica witnessed her son being illegally detained with guns pointed
at his head.
34. That the reckless conduct of the Defendant caused injury to Plaintiff Noah in close
proximity to Plaintiff Jamica.
35. That Plaintiff Jamica contemporaneously perceived the incident and suffered
damages including, but not limited to pecuniary loss, pain and suffering, medical expenses,
mileage incurred in traveling to medical appointments, and such additional damages as may be
revealed during the trial of this matter which manifested itself by physical symptoms.
FOR A FOURTH CAUSE OF ACTION
(South Carolina State Constitutional Violations)
36. Plaintiff realleges the preceding paragraphs as though set forth verbatim herein.
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37. By the acts and omissions described more fully above, the Defendant violated the
South Carolina State Constitution by depriving Plaintiff Noah of the following clearly-established
and well-settled constitutional rights protected by the South Carolina State Constitution:
i. The right to be free from being “deprived of life, liberty, or property without
due process of law, nor shall any person be denied equal protection of the
laws” pursuant to Article I § 3 of the South Carolina Constitution.
ii. The right to be free from cruel and unusual punishment by being pulled over
and detained without probable cause pursuant to Article I § 15 of the South
Carolina Constitution.
iii. And in such other particulars as may be learned through discovery.
PRAYER FOR RELIEF
WHEREFORE, the Plaintiffs pray that this Court issue an order in favor of Plaintiffs and
against the Defendant, awarding to Plaintiffs actual, special, and/or consequential damages, and
for such other relief in law or equity as this Court deems just and proper, including but not limited
to any costs resulting from this action.
THE PEPER LAW FIRM, PA
s/ Marvin R. Pendarvis
Marvin R. Pendarvis, Esq. (#101832)
Mark A. Peper, Esq. (#72624)
548 Savannah Highway
Charleston, South Carolina 29407
Phone: (843) 225-2520
Facsimile: (843) 225-2554
[email protected]
[email protected]
April 12, 2021
Charleston, South Carolina
