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Lee Inmate Lawsuit Robert Jackson
Lee Inmate Lawsuit Robert Jackson
Lee Inmate Lawsuit Robert Jackson
YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy
of which is hereby served upon you, and to serve a copy of your Answer to this Complaint upon
the subscriber at the address shown below, 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.
PARTIES
under the laws of the State of South Carolina and has facilities located
throughout the State, and more particularly, in Lee County, South Carolina
mentioned in this lawsuit, the Defendant SCDC acted and carried on their
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business by and through their agents, servants, and/or employees at its
in Lee County.
FACTUAL ALLEGATIONS
4. Around October 2017, Robert Jackson was placed in the care and
question, Lee Correctional Institution (as a level (3) three Correctional Institute)
had a long history of overcrowding and failing to provide adequate security and
have known that their failure to provide adequate security measures would
7. Further, just prior to and during the time period in question, the
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were well aware of the existence of competing gangs as well as the potential for
Additionally, the administrative staff of Lee was well aware that the F-3 Unit
Defendant that a large percentage of the inmate population carried and/or had
Defendant knew or should have known that their conscious failure to provide
adequate security measures would result in unsafe conditions for the inmate
9. Prior to and during the time period in question SCDC policy and
procedure required direct supervision of all inmates located within the Lee
Correctional Institution, and specifically, the F-3 Unit. This required there to be
at least one (1) correctional officer to be present in each wing of each unit
24hrs a day. Prior to and during the time period in question there was
normally only one (1) correctional officer working both wings of the F-3 Unit.
Additionally, there was many times when there were no correctional officers
10. Additionally, prior to and during the time period in question SCDC
checks at least once every thirty (30) minutes. This required the correctional
officer to actually see and confirm each inmate located within the unit during
these security checks were alive and well. Prior to and during the time period
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in question, this was not being performed in conscious violation of the SCDC
11. Additionally, prior to and during the time period in question, SCDC
policy and procedure required that the unit doors, sally-port doors and cell
doors be locked at all times. Prior to and during the time period in question
this was typically not done in conscious violation of the SCDC policy and
procedure.
times (other than for controlled movements) with a correctional officer present
to ensure that inmates remain in the wing which they are assigned to. Prior to
and during the time period in question this was not being done in conscious
inmate count is to take place around the time of shift-change at 7:00am and
7:00pm – at which time all inmates are supposed to be locked down within
their assigned cells. On the date in question these policies were being
14. During the time period in question SCDC policy and procedure
required that the correctional officers working the housing units (such as the
F-3 Unit) be properly trained to recognize and provide emergency medical care
to inmates who required such care. Also, during the time period in question
SCDC/Lee Correctional Institution had the duty to provide inmates with 24-
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15. On April 15, 2018, around approximately 7:30pm, the Plaintiff was
alone in his cell (1145) on A-wing waiting for the correctional officer to start the
count – at which time each inmate would be locked in their assigned cells. The
Plaintiff is informed and believes that at this time there was only one (1)
correctional officer covering both wings of the F-3 Unit and that she was mainly
located in the B-wing. Additionally, the Plaintiff is informed and believes that
all interior doors (to include all cell doors and those doors leading in and out of
each wing) were all unlocked and open. This allowed inmates to improperly
move from one wing to the next unsupervised. At approximately 7:30pm the
Plaintiff heard a commotion outside his cell but did not leave his room to
investigate. Approximately thirty (30) minutes later, two (2) masked inmates
armed with weapons entered the Plaintiff’s cell demanding the Plaintiff given
them his tv, radio and food. These masked individuals then violently attacked
the Plaintiff, repeatedly stabbing him and beating him with a pipe until he
Plaintiff had no protection or means to seek immediate medical care for his
injuries. Instead the Plaintiff had to bandage his own wounds with various
16. After completing their violent attack on the Plaintiff, the attackers
then moved on to other inmates within the unit where they violently attacked
and stabbed four (4) other inmates. The Plaintiff is informed and believes that
these attacks went on over the course of several hours, in multiple housing
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units, and resulted in the known deaths of seven (7) inmates and the critical
17. After the violent attack on the Plaintiff and due to there being no
correctional staff within the dorm, the Plaintiff remained within his cell waiting
for help to arrive. The Plaintiff was forced to bleed and suffer alone for several
hours before he heard others yelling that correctional staff were finally on the
way. The Plaintiff then exited his cell and met up with the correctional staff
entering the unit. The Plaintiff was moved to medical. At approximately 2:00am
on April 15, 2018 the Plaintiff was transported to Palmetto Health Tuomey
Hospital in Sumter, SC. While at the hospital the Plaintiff was treated for
multiple stab wounds to his right side and left shoulder. The Plaintiff also
direct result of the incident in question the Plaintiff has suffered and continues
18. After this incident and based on numerous other incidents just like
it, SCDC will fail to perform a proper investigation into the incidents in
question. As a result, the above mentioned attacking inmates will most likely
19. The Plaintiff reiterates each and every previous relevant allegation
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20. The above set forth incidents and the Plaintiff’s resulting injuries
and damages were proximately caused by the grossly negligent, reckless, and
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m. In failing to recognize a clearly dangerous situation
after multiple events providing notice;
and grossly negligent conduct, the Plaintiff was severely injured, suffered
WHEREFORE, the Plaintiff prays for judgment against the Defendant, for
an award of actual and consequential damages, the costs of this action, and for
such other and further relief as this Court deems just and proper.
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_s/C. Carter Elliott, Jr._______
C. Carter Elliott, Jr., Esq.
Elliott & Phelan, LLC
117 ½ Screven Street
P.O. Box 1405
Georgetown, SC 29442
(843) 546-0650
(843) 546-1920 (fax)
May 8, 2018
Georgetown, SC Warren R. Lokey, Esq.
775 Saint Andrew’s Blvd
Charleston, SC 29407
(843) 202-0675
(843) 589-1042 (fax)
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