ELECTRONICALLY FILED - 2019 Apr 29 2:25 PM - GREENVILLE - COMMON PLEAS - CASE#2019CP2302428

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

)
COUNTY OF GREENVILLE ) THIRTEENTH JUDICIAL CIRCUIT
)
)
FREDRICK WEST, ) CASE NO.: 2019-CP-23-________
)
PLAINTIFF, )
vs. ) SUMMONS
)
GREENVILLE COUNTY SHERIFF’S )
OFFICE, OFFICER B. R. LOVELACE, )
A&E TELEVISION NETWORKS, LLC, )
BIG FISH ENTERTAINMENT, AND )
JOHN DOES, )
DEFENDANTS. )
)

TO: THE ABOVE NAMED DEFENDANTS

YOU ARE HEREBY SUMMONED and required to answer the Complaint in this matter,
a copy of which is herewith served upon you, and to serve a copy of your Answer to the said
Complaint on the subscriber at his office, 211 Pettigru Street, Greenville, South Carolina, 29601,
within thirty (30) days after the service hereof, exclusive of the day 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/Daniel J. Farnsworth, Jr.

Daniel J. Farnsworth, Jr.
FARNSWORTH LAW OFFICES, LLC
South Carolina Bar No. 6922
211 Pettigru Street
Post Office Box 8719
Greenville, South Carolina 29604
(864) 250-9119 (telephone)
(864) 250-9120 (facsimile)
Dan@FarnsworthLawOffices.com
Attorney for the Plaintiff

April 29, 2019

Greenville, South Carolina
 ELECTRONICALLY FILED - 2019 Apr 29 2:25 PM - GREENVILLE - COMMON PLEAS - CASE#2019CP2302428
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
)
COUNTY OF GREENVILLE ) THIRTEENTH JUDICIAL CIRCUIT
)
)
FREDRICK WEST, ) CASE NO.: 2019-CP-23-________
)
PLAINTIFF, )
vs. ) COMPLAINT
) (JURY TRIAL DEMANDED)
GREENVILLE COUNTY SHERIFF’S )
OFFICE, OFFICER B. R. LOVELACE, )
A&E TELEVISION NETWORKS, LLC, )
BIG FISH ENTERTAINMENT, AND )
JOHN DOES, )
DEFENDANTS. )
)

The Plaintiff, complaining of the Defendants would respectfully show unto the Court as

follows:

1. Plaintiff, Fredrick West, is a citizen and resident of the County of Greenville, State

of South Carolina.

2. Defendant Greenville County Sheriff’s Office (“GCSO”) is a political subdivision

of the State of South Carolina as defined in § 15-78-10 et seq. of the Code of Laws of South

Carolina at all times herein mention, GCSO acted and carried on its business by and through its

agents, servants, and/or employees at various locations within the County of Greenville, State of

South Carolina. Additionally, these agents, servants, and/or employees were operating within the

scope of their officially assigned and/or compensated duties.

3. Defendant A&E Television Networks, LLC (“A&E) is a foreign corporation

organized under the laws of Delaware. A&E can be served with process via its registered agent

for service of process, the Corporation Trust Company, Corporation Trust Center 1209 Orange

Street, Wilmington, Delaware 19801.

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4. Defendant Officer B. R. Lovelace (“Lovelace”) is a citizen and resident of County

of Greenville, State of South Carolina, and an employee of the Greenville County Sheriff’s Office

operating within the scope of being official assigned and/or compensated duties.

5. Defendant Big Fish, LLC (“Big Fish”) is a corporation organized under the laws of

New York. Big Fish can be served with process via its registered agent for service of process,

Rosenburg & Williamson, LLP, 100 Park Avenue, 20th Floor, New York, New York 10017.

JURISDICTION

6. This action is brought under the common and statutory law of South Carolina,

including but not limited to South Carolina Code § 15-78-10 et seq., more commonly known as

the South Carolina Tort Claim Act. Jurisdiction is founded upon the above common law and

statutory provisions.

FACTUAL BACKGROUND

7. Prior to April 29, 2017, GCSO, A&E, and Big Fish entered into an agreement, as

part of which, these Defendants earned revenue and profit in exchange for capturing live video

footage of GCSO’s law enforcement activities and broadcasting them on LivePD television show

produced by Big Fish and broadcasted nationally on A&E’s television network. Thereafter, the

Defendants began participating in and videotaping GCSO law enforcement activities. Upon

information and belief, one or more GCSO employees was responsible for reviewing the LivePD

footage before it was broadcasted on the show.

8. On April 29, 2017, the Plaintiff was standing outside of his dwelling and visiting

with three of his friends in Greenville County, during which the Plaintiff committed no crimes.

9. Greenville County Sheriff’s Deputies, including Lovelace, aggressively

approached the Plaintiff and his friends.

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10. Lovelace and his Deputies began searching Plaintiff and his friends in hopes of

finding illegal contraband, at which they were unsuccessful.

11. Lovelace and his Deputies then began searching the street, sidewalks, and other

surroundings of the Plaintiff and his friends, at which they found drugs hidden in a bush nearby.

12. Plaintiff was arrested by Lovelace and charged with trafficking in cocaine, 10g or

more, but less than 28g as a first offense.

13. Upon information and belief, the Plaintiff was largely targeted because of his race.

14. On October 08, 2018, Plaintiff’s drug charge was dismissed by the Assistant

Solicitor handling the case due to insufficient evidence collected and presented by Lovelace.

15. The LivePD episode has aired nationally countless numbers of times since it

originally aired. The airing of the episode continues to do irreparable harm to the Plaintiff as long

as it continues to air.

FOR A FIRST CAUSE OF ACTION

False Arrest as to GCSO and Lovelace

16. The Plaintiff repeats the foregoing paragraphs as if repeated here, verbatim.

17. Plaintiff alleges that GCSO, acting through its agents and servants, was without

probable cause to arrest and incarcerate the Plaintiff, against the Plaintiff’s will and without

justification. The Plaintiff further alleged that the actions of Lovelace in arresting and restraining

the Plaintiff were intentional and unlawful.

18. Plaintiff alleges that at all times material to this Complaint, Lovelace engaged in

the regular course of employment and within the scope of his employment for GCSO, and as a

consequence, GCSO is liable for the actions of its officers and agents.

19. Plaintiff alleges that the actions of GCSO, through its officers and agents, were

reckless and grossly negligent.

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20. Plaintiff alleges that as a direct and proximate result of Defendants’ reckless and

gross negligence, the Plaintiff has suffered humiliation, indignity, fright, disgrace, shame,

mortification, injury to reputation, mental and physical suffering, and loss of enjoyment of life.

FOR A SECOND CAUSE OF ACTION

Defamation

21. The Plaintiff repeats the foregoing paragraphs as if repeated here, verbatim.

22. The statements and actions made by the Defendants during and after the Plaintiff’s

unlawful detention as to the Plaintiffs character, and as to him being a dangerous criminal, were

false publications, wrongly accusing Plaintiff. Defendants showing Plaintiff’s wrongful arrest on

national television caused irreparable harm to Plaintiff. These statements and actions were

defamatory per se. Defendants’ false statements and identification as a drug dealer also tended to

subject Plaintiff to ridicule, contempt, disgrace, suffering, anguish, horror, nervousness, grief,

anxiety, worry, shock, humiliation, and shame. Those slanderous statements were falsely made,

were made without regard to their truth and falsity, were made without justification, and were

made for the purpose and with the intention of damaging the reputation of the Plaintiff or with

reckless disregard of the effect of the reputation of the Plaintiff.

23. Those statements have impeached, injured, and damaged the Plaintiff.

24. As an actual and proximate cause of Defendants’ conduct of making such false

statements, Plaintiff has sustained harm, including general and special damages in an amount to

be determined at trial.

25. Defendants made the statements and took actions described above with malice or

reckless disregard of their falsity in order to harm Plaintiff.

26. Defendants acted willfully and/or wantonly in making these statements described

above.
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27. Plaintiff is entitled to punitive damages for Defendants’ conduct.

FOR A THIRD CAUSE OF ACTION

Invasion of Privacy as to all Defendants

28. The Plaintiff repeats the foregoing paragraphs as if repeated here, verbatim.

29. The Defendants intentionally used the Plaintiff’s name, likeness, and identity for

their own benefit, without the Plaintiff’s consent. Therefore, the Defendants violated the

Plaintiff’s exclusive right at common law to publicize and profit from his name, likeness, and other

aspects of personal identity.

30. The Defendants also wrongfully intruded upon and publicized the private affairs of

the Plaintiff.

31. As approximate result of these invasions of the Plaintiff’s privacy, the Plaintiff

suffered general and special damages. The Plaintiff is also seeking punitive damages for these

invasions of privacy.

DAMAGES

32. As a proximate result of Defendants’ breaches, the Plaintiff has suffered some or

all of the following injuries and damages:

a) Physical manifestation of emotional distress;

b) Lost ability to earn wages;

c) Damage to his reputation;

d) Time and wages lost from his gainful employment;

e) Legal fees and expenses;

f) Bond fees;

g) Other general and special damages;

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h) All other available past and future economic and noneconomic damages;

and

i) Other damages as will be shown through discovery and at trial.

33. The Plaintiff is therefore informed and believes that he is entitled to judgement

against the Defendants for actual and punitive damages, as the Court may deem just and proper.

WHEREFORE, having fully set forth the grounds in his Complaint, Plaintiff asks the Court

to award the following:

a) All of available general and special damages;

b) Compensatory and punitive damages in an appropriate amount against the

defendants, jointly and severally;

c) Treble and other statutory damages;

d) Temporary and permanent injunctive relief;

e) Attorney’s fees and costs; and

f) Such other and further relief as the Court may deem just and proper.

The Plaintiff demands a trial by jury.

Respectfully submitted,

s/Daniel J. Farnsworth, Jr.

Daniel J. Farnsworth, Jr.
FARNSWORTH LAW OFFICES, LLC
South Carolina Bar No. 6922
211 Pettigru Street
Post Office Box 8719
Greenville, South Carolina 29604
(864) 250-9119 (telephone)
(864) 250-9120 (facsimile)
April 29, 2019 Dan@FarnsworthLawOffices.com
Greenville, South Carolina Attorney for the Plaintiff