ELECTRONICALLY FILED - 2018 Oct 16 1:07 PM - CLARENDON - COMMON PLEAS - CASE#2018CP1400437

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

)
COUNTY OF CLARENDON ) THIRD JUDICIAL CIRCUIT
)
DEBRA CAPERS AS PERSONAL ) CASE NO.: 2018-CP-14-
REPRESENTATIVE OF THE ESTATE )
OF ALLEN JEROME CAPERS, )
) SUMMONS
Plaintiff, )
)
vs. )
)
SOUTH CAROLINA DEPARTMENT OF )
CORRECTIONS, )
)
Defendant. )

TO: THE DEFENDANT(S) ABOVE NAMED:

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

on the subscribed, McLeod Law Group, LLC., 3 Morris Street, Suite A, Post Office Box 21624,

Charleston, South Carolina 29413, within THIRTY (30) days after the service hereof, exclusive of

the date of such service. 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.

Respectfully Submitted,

(SIGNATURE PAGE TO FOLLOW)

 ELECTRONICALLY FILED - 2018 Oct 16 1:07 PM - CLARENDON - COMMON PLEAS - CASE#2018CP1400437
McLEOD LAW GROUP, LLC

BY: s/ H. Cooper Wilson, III

W. Mullins McLeod, Jr.
H. Cooper Wilson, III
3 Morris Street, Suite A
P.O. Box 21624
Charleston, SC 29413
843-277-6655

BAMBERG LEGAL, LLC

Justin T. Bamberg, Esq.
104 Bridge Street
Bamberg, SC 29003
P: 803-956-5088
F: 803-956-5094
E: jbamberg@bamberglegal.com

Attorneys for the Plaintiff

Charleston, South Carolina

October 16, 2018
 ELECTRONICALLY FILED - 2018 Oct 16 1:07 PM - CLARENDON - COMMON PLEAS - CASE#2018CP1400437
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
)
COUNTY OF CLARENDON ) THIRD JUDICIAL CIRCUIT
)
DEBRA CAPERS AS PERSONAL ) CASE NO.: 2018-CP-14-
REPRESENTATIVE OF THE ESTATE )
OF ALLEN JEROME CAPERS, ) COMPLAINT
) (Gross Negligence, Survival, Wrongful Death)
Plaintiff, )
) JURY TRIAL REQUESTED
vs. )
)
SOUTH CAROLINA DEPARTMENT OF )
CORRECTIONS, )
)
Defendant. )

The Plaintiff named herein, complaining of the Defendant South Carolina Department of

Corrections, would respectfully show unto this Honorable Court and allege as follows:

Parties

1. The Plaintiff, Debra Capers, is a citizen and resident of the County of Charleston,

State of South Carolina, and on August 9, 2018, was duly appointed by the Court of Probate for

Charleston County as Personal Representative of the Estate of Allen Jerome Capers, deceased

(Estate Case No.: 2018-ES-10-01208-2). See Exhibit A, Certificate of Appointment.

2. This suit is filed on behalf of the heirs of Allen Jerome Capers.

3. The Defendant South Carolina Department of Corrections (hereinafter “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 Clarendon County, South Carolina,

where Turbeville Correctional Institution (hereinafter “Turbeville CI”) is located. At all times

hereinafter mentioned in this lawsuit, the Defendant SCDC acted and carried on its business by

and through its agents, servants, and/or employees at its various locations including Turbeville CI.

Additionally, these agents, servants, and/or employees (to include and not be limited to the
 ELECTRONICALLY FILED - 2018 Oct 16 1:07 PM - CLARENDON - COMMON PLEAS - CASE#2018CP1400437
correctional and medical personnel mentioned below) were operating within the scope of their

officially assigned and/or compensated duties.

4. This case is filed pursuant to the South Carolina Tort Claims Act, S.C. Code Ann.

15-78-10.

5. This Court has jurisdiction over this matter because the most substantial acts and

omissions giving rise to liability occurred within Clarendon County, South Carolina.

Factual Allegations

6. Around December 2016, Allen Capers was placed in the care and custody of

Defendants at the Turbeville Correctional Institution, where he remained until he was murdered

on December 31, 2017.

7. The Plaintiff is informed and believes that prior to the events in question, Turbeville

Correctional Institution had a long history of failing to provide adequate security and supervision

over the inmates located at the facility as well as rendering appropriate medical aid to inmates.

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

administrators at Turbeville 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 Turbeville Correctional Institution knew or

should have known that their failure to provide adequate security measures would result in unsafe

conditions for the inmate population.

9. More specifically, in November 2017, just one month prior to the Decedent’s death,

an inmate was stabbed almost two (2) dozen times while he attempted to flee his attacker before

he eventually fell over the rail and died. The Defendant knew of this incident and other incidents

of knife attacks in their prison well before the Decedent was killed. The setup leading to the
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inmates attack was also filmed both before, during and after the attack, and no prison officials

were in the unit at the time.

10. Based on the November 2017 incident and other similar incidents, the Defendant

knew 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.

11. On December 31, 2017, around approximately 1:58 pm, the Plaintiff was in his cell

in the Tawcaw B wing of the Turbeville Correctional Institution when multiple attackers unlocked

his cell and stabbed him over and over. The Plaintiff is informed and believes that the attackers

obtained the keys to open the door to the Decedent’s cell from an officer of the Defendant. By

providing his keys to the attackers, the Defendant effectively allowed the attackers to improperly

move throughout the wing attacking innocent people.

12. At all relevant times herein, Defendant only had one correctional officer working a

unit consisting of two dorms and over 200 inmates, the same constituting a substantial deviation

from SCDC policies and procedures.

13. The Decedent was stabbed numerous times to the head, neck, stomach, and hand.

Rather than taking him to the infirmary or calling for medical help, the Defendant, through its

agents and employees, drug the Decedent outside and laid him on the ground. The Decedent was

forced to bleed and suffer alone outside on the ground for hours while he waited in vain for

someone to help him.

14. The Defendant finally decided to seek medical help for the Decedent several hours

later when they took him to the in-house medical facility. By the time he arrived, the Decedent
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was drenched in blood from multiple stab wounds, had no pulse, and was unresponsive. The

Decedent was placed on the floor where he died from his stab wounds and from the Defendant’s

failure to address the same.

15. On information and belief, the entire facility was supposed to be on lockdown at

the time of the incident complained of herein, Defendants failure to abide by their own policies

and procedures on the same contributing to the decedent’s death.

FOR A FIRST CAUSE OF ACTION

(Gross Negligence and Survival)

16. The foregoing factual allegations are made a part of this First Cause of Action

through incorporation by reference.

17. The above set forth incident and Allen Capers’ resulting injuries and death were

proximately caused by the grossly negligent, reckless, willful and wanton acts of the Defendant

SCDC, in the following particulars:

a. In failing to prevent the brutal attack the Decedent suffered while he was in
their care, custody, and control;

b. In failing to provide the appropriate number of correctional staff at the various

locations in Turbeville Correctional Institution;

c. In failing to provide adequate and appropriate security officers at the Turbeville

Correctional Institution;

d. In failing to properly monitor the inmates (mainly the Plaintiff) at Turbeville

Correctional Institution;

e. In failing to properly train their employees to recognize a medical emergency;

f. In In failing to properly train and/or supervise its personnel, agents and/or

employees so as to ensure that inmates, including the decedent, are provided
with proper security while they are in the care, custody, and control of the
Defendant;

g. In failing to provide the decedent with appropriate medical treatment following

the brutal attack he suffered while in their care, custody, and control;
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h. In failing to sufficiently monitor the decedent while incarcerated so as to
determine the severity of his condition;

i. In failing to have the appropriate and timely medical examination performed to

determine the decedent’s medical needs following the brutal attack he suffered
while in their care, custody, and control;

j. In failing to properly train and/or supervise its personnel, agents and/or

employees so as to ensure that inmates, including the decedent, are provided
with proper medical care and attention while incarcerated;

k. In failing to take the appropriate steps to provide medical care and treatment to
the decedent when Defendant had actual and constructive notice of the
decedent’s medical condition;

l. In failing to have appropriate policies and protocols in place to provide for the
safety and wellbeing of the inmate population at Turbeville Correctional
Institution;

m. In failing to follow and adhere to the policies and procedures of the South
Carolina Department of Corrections;

n. In failing to protect the decedent from harm;

18. As a result, and because of the Defendant’s reckless, willful, wanton and grossly

negligent conduct, Mr. Capers was severely injured, suffered needlessly, and subsequently died.

19. The Plaintiff is informed and believes that she is entitled to judgment against the

Defendant for actual and consequential damages for the Defendant’s acts of gross negligence.

FOR A SECOND CAUSE OF ACTION

(Gross Negligence and Wrongful Death)

20. The foregoing factual allegations are made a part of this Second Cause of Action

through incorporation by reference.

21. This action for the wrongful death of Allen Capers is pursuant to the provisions of

section 15-51-10 et seq., of the Code of Laws of South Carolina (1976, as amended), and is brought

for the statutory heir(s) of Allen Capers, who died on December 31, 2017.
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22. The death of Allen Capers was caused and occasioned by the grossly negligent,

reckless, willful and wanton acts of the Defendant SCDC as set forth above. As a direct and

proximate result of the grossly negligent acts, omissions, willful and wanton conduct of the

Defendant, the deceased’s family has been damaged and suffered as follows:

a. extreme mental shock and suffering;

b. extreme wounded feelings;

c. tremendous grief and sorrow;

d. loss of friendship and companionship;

e. loss of a nephew, brother; and relative; and

f. deprivation of the use and comfort of the deceased’s society, knowledge,

friendship, judgment and experience.

23. As a further result and because of the Defendant’s reckless, willful and grossly

negligent conduct, which ultimately caused the wrongful death of Allen Capers, this Plaintiff is

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.

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

CONSEQUENTIAL DAMAGES, together with costs of this action, prejudgment interest, and

for such other and further relief as this Court may deem fit, just, and proper.

Respectfully Submitted,

(SIGNATURE PAGE TO FOLLOW)

 ELECTRONICALLY FILED - 2018 Oct 16 1:07 PM - CLARENDON - COMMON PLEAS - CASE#2018CP1400437
McLEOD LAW GROUP, LLC

BY: s/ H. Cooper Wilson, III

W. Mullins McLeod, Jr.
H. Cooper Wilson, III
3 Morris Street, Suite A
P.O. Box 21624
Charleston, SC 29413
843-277-6655

BAMBERG LEGAL, LLC

Justin T. Bamberg, Esq.
104 Bridge Street
Bamberg, SC 29003
P: 803-956-5088
F: 803-956-5094
E: jbamberg@bamberglegal.com

Attorneys for the Plaintiff

Charleston, South Carolina

October 16, 2018