3:20-cv-03748-JMC-SVH Date Filed 10/26/20 Entry Number 1 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION

Richard Kevin Connolly, C/A No. 3:20-cv-03748-JMC-SVH

Plaintiff, COMPLAINT
(Jury Trial Demanded)
v.

William West,

Defendant.

Plaintiff, complaining of the Defendant above-named, states the following:

PREFACE

This action is brought pursuant to 42 U.S.C. § 1983 for violations of Plaintiff’s

constitutional right to be free from unreasonable searches and seizures under the Fourth and

Fourteenth Amendments, Plaintiff’s right to free speech under the First and Fourteenth

Amendment, and Plaintiff’s right to be free from false arrest under the Fourth, Fifth, and

Fourteenth Amendment . Plaintiff alleges law enforcement officer Deputy William West, with

the Kershaw County Sheriff Office, as part of a plan, scheme, and practice harass citizens by

fabricating fraudulent grounds to arrest innocent citizens who are without substantial financial

means to assert their legal and constitutional rights. Plaintiff alleges law enforcement Deputy

William West, with the Kershaw County Sheriff’s Office, without provocation assaulted and

physically abused Plaintiff. Deputy William West, then created false charges and arrested

Plaintiff, or caused the same to be done. William West is being sued in his individual capacity.
 3:20-cv-03748-JMC-SVH Date Filed 10/26/20 Entry Number 1 Page 2 of 11

JURISDICTION AND PARTIES

1. Plaintiff, Richard Kevin Connolly, is a citizen and resident of the County of

Kershaw, State of South Carolina.

2. Upon information and belief Deputy William West is a citizen and resident of

Kershaw County, State of South Carolina. At all times alleged in the Complaint Deputy William

West was a deputy and agent or employee of the Kershaw County Sheriff’s Office and at all

relevant times was acting in the course and scope of his official duties and under color of State law.

Deputy William West is being sued in his individual capacity for compensatory and punitive

damages under Federal law pursuant to 42 U.S.C. § 1983.

3. This suit is brought in The United States District Court for the District of South

Carolina, Columbia Division, as Plaintiff resides in Kershaw County, State of South Carolina and

where the tortuous acts committed by Defendants occurred. 28 U.S.C §121(2). Additionally, upon

information and belief almost all the parties to this action and witnesses are residents of Kershaw

County, South Carolina, pursuant to 28 U.S.C. §1391 and Local Rule 3.01.

4. The things and matters alleged herein are within the jurisdiction of this Court.

5. Venue is proper in this Court.

FACTUAL ALLEGATIONS

6. Plaintiff alleges that Deputy William West in his individual capacity violated

Plaintiff’s constitutional rights by intentionally, or with a reckless disregard for the truth,

wantonly, and negligently and falsely accusing him or causing him to be accused of the crimes of

Public Disorderly Conduct and Assaulting a Police Officer While Resisting Arrest. The actions

of William West in his individual capacity as a Kershaw County Deputy Sheriff and a Shift

Supervisor, were the direct and proximate cause of Plaintiff being attacked, falsely imprisoned,
 3:20-cv-03748-JMC-SVH Date Filed 10/26/20 Entry Number 1 Page 3 of 11

arrested, detained, assaulted, battered, and defamed thus suffering a loss of his liberty, emotional

harm, and violating his constitutional rights.

7. Because of the false accusations of the Defendant, Plaintiff was detained at the

Kershaw County Detention Center overnight.

8. The incident location, 249 Watts Hill Road, Elgin, South Carolina, is owned by

Lavern Jeffers. None of the women involved in the underlying incident live at the residence. The

Plaintiff does not live at the residence. Plaintiff resides a few doors down from the scene at 272

Watts Hill Road with his father, his father's girlfriend, and her daughter, Katie Adams.

9. On October 8, 2020 Ashley Shealy and Katie Adams were involved in an

argument and Ms. Shealy called 911. The Kershaw County Sheriff Department was dispatched

by Kershaw County Central Communications to respond to a call at 249 Watts Hill Road in

Elgin, South Carolina. Deputy Barnwell and another Deputy responded.

10. After a brief investigation, Deputy Barnwell told Ms. Adams she could leave and

she and her mother went home to 272 Watts Hill Road, which is a few doors down from the

incident location. No one was arrested.

11. Plaintiff was not present during the altercation and he was not present when

Deputy Barnwell and the other deputy responded.

12. Plaintiff’s father remained at Lavern Jeffers’ home.

13. Upon information and belief, Ashley Shealy had called 911 again thirty to forty-

five minutes later, at or about 15:37 hours. The Kershaw County Sheriff Department was

dispatched again by Kershaw County Central Communications to respond to the call at 249

Watts Hill Road.

 3:20-cv-03748-JMC-SVH Date Filed 10/26/20 Entry Number 1 Page 4 of 11

14. Deputy William West was one of the officers who responded to the call and he

was the shift supervisor for all officers who arrived on scene. Deputies Kyle Hewitt and

Gochnaur also responded.

15. At about the same time, Plaintiff walked from his residence at 272 Watts Hill

Road to Lavern Jeffers residence to give a cell phone to his father, who had remained at Lavern

Jeffers’ residence.

16. As Plaintiff knocked on the front door of Lavern Jeffers, Deputy William West

approached Plaintiff and demanded Plaintiff identify himself and show him some identification.

Plaintiff informed the officer that he did not have any identification. Plaintiff has never had a

state issued identification or driver’s license.

17. Deputy West then told Plaintiff that he was disturbing a crime scene. This was a

false representation. Deputy West’s incident report, written later that evening, fails to state that

any crime occurred at the residence.

18. Upon information and belief, Deputy West then grabbed Plaintiff who responded,

“what the fuck”. At the time Plaintiff did not know if his family and friends were hurt or what

the situation was.1

19. Upon information and belief Deputy West, stated “that’s disorderly conduct”, and

slammed Plaintiff on the hood of a white vehicle. Deputy West then choked Plaintiff with his

forearm and threw Plaintiff onto the ground, placed his knee into the side of Plaintiff’s face

driving Plaintiff’s face into the gravel driveway causing injury and pain.

20. Deputy West is more or less twice the size and weight of Plaintiff.

1
Plaintiff is in possession of a partial video of the incident. Once discovery his been initiated, Plaintiffs will rely
upon the body cameras and dashboard cameras of law enforcement, also.
 3:20-cv-03748-JMC-SVH Date Filed 10/26/20 Entry Number 1 Page 5 of 11

21. Other Officers followed Deputy William West lead and piled on top of Plaintiff

and assisted Deputy West in his attack of Plaintiff.

22. Upon information and belief the other Officers were subordinates of Deputy

William West at the time of the incident, as he was a Lieutenant and their “Shift Supervisor”.

23. During this attack Plaintiff’s arm and shoulder were pinned to the gravel driveway

causing Plaintiff injury and pain.

24. Plaintiff was then cuffed by one arm and it was demanded he present his other

arm. At the time Plaintiff’s other arm was pinned to the ground.

25. During this attack Plaintiff did not strike out at the officers or attempt to strike the

officers.

26. During the attack Plaintiff demanded to know why he was being attacked and

stated he did nothing wrong.

27. At all times Plaintiff was acting in a lawful manner.

28. At all times Plaintiff had a right to be on the private property where this incident

occurred, and at no time did Plaintiff’s actions amount to disorderly conduct, nor did his actions

breach the peace of the general public or anyone in particular.

29. Since the arrest was unlawful, Plaintiff was at all times within his rights to resist

arrest.

30. During this attack other officers stood by and observed the incident but did

nothing to intervene or to preserve, protect, and defend the constitution of this state and of the

United States.

31. Upon information and belief, at all times Deputy West was the supervisor of the

other officers on the scene.

 3:20-cv-03748-JMC-SVH Date Filed 10/26/20 Entry Number 1 Page 6 of 11

32. Deputy West and his subordinates attacked Plaintiff, injured Plaintiff, arrested

Plaintiff, and incarcerated Plaintiff even though there had been no illegal activity on the part of

Plaintiff.

33. Upon information and belief Deputy West had a subordinate Deputy signed the

charges, under oath, against Plaintiff for Public Disorderly Conduct and Assaulting a Police

Officer While Resisting Arrest.

34. Upon information and belief Deputy West had these false charges placed upon

Plaintiff in an effort to justify this own illegal and shocking actions.

35. Deputy West knew, or should have known, that Plaintiff did not engage in any

illegal activity.

36. Deputy West knew, or should have known, that Plaintiff’s arrest was unlawful

and unjustified as the facts and circumstances did not support a reasonable belief that the

plaintiff was, in fact, violating any laws.

37. These claims by Deputy West and his subordinates only served as a pretext to

arrest Plaintiff in an attempt to cover up and justify Deputy West’s illegal and unconstitutional

treatment of the Plaintiff.

38. Deputy William West chose to fabricate Plaintiffs violation of the law and arrest

him for Public Disorderly Conduct and Assaulting a Police Officer While Resisting Arrest

because he did not like the fact that the Plaintiff did not respect his authority, and show him his

identification upon demand even though he did not have any identification on him and even

though the Plaintiff had no legal obligation to show any identification.

39. Plaintiff was taken to Kershaw County jail for the sole reason to harass him and

“teach him a lesson” as to who is in charge.

 3:20-cv-03748-JMC-SVH Date Filed 10/26/20 Entry Number 1 Page 7 of 11

40. Deputy West acted in violation of generally accepted law enforcement practices

and standards.

41. Deputy West’s conduct was plainly incompetent, and he knowingly violated

clearly established laws by attacking, arresting, detaining, and searching the Plaintiff without

articulable suspicion, without probable cause and without justification.

42. Because of Defendant’s actions Plaintiff was wrongfully and illegally physically

beaten, verbally degraded, detained, arrested and confined against his will overnight.

43. Plaintiff while at all times on private property, did no more than exercise his

constitutional rights in a lawful manner and when he questioned the actions of law enforcement,

his constitutional rights were violated by the same officers he questioned.

44. Deputy West violated Plaintiff’s constitutional rights for no other reason than his

supercilious, officious, and intrusive attitude, wanting to throw his weight and apparent authority

around in an effort to humiliate Plaintiff and “bring him to heel” without any legal authority to

do so.

45. At all times Plaintiff had a right to enjoy legal activities on private property of

which he was invited.

FOR A FIRST CAUSE OF ACTION

42 U.S.C. §1983 1st ,4th, and 14th Amendment Violations

46. Plaintiff incorporates by reference all previous paragraphs above as if repeated

herein.

47. The acts and omissions of Defendant William West by assaulting, attacking,

detaining and arresting Plaintiff without articulable suspicion, without probable cause, without

legal authority to do so, without legal justification, and without a reasonable basis to believe a
 3:20-cv-03748-JMC-SVH Date Filed 10/26/20 Entry Number 1 Page 8 of 11

crime had been committed violated the Plaintiff’s Fourth, Fourteenth, and First Amendment

Rights.

48. By the actions and omissions described above, Defendant William West violated

42 USC § 1983, depriving Plaintiff of the clearly established and well settled constitutional

rights protected by the First, Fourth, and Fourteenth Amendments to the United States

Constitution:

a. The right to be free from unreasonable searches and seizures as secured by

the Fourth and Fourteenth Amendments;

b. The right to be free from excessive and/or unreasonable force in the

course of a seizure as secured by the Fourth and Fourteenth Amendments;

c. The right to be free from the use of unlawful force as secured by the

Fourth and Fourteenth Amendments;

d. The right to be free from reckless, deliberately indifferent, and conscience

shocking searches and seizures and/or excessive force as secured by the

Fourteenth Amendment;

e. The right to be free from injury, detention or arrest without substantive

and procedural due process and from state created/enhanced danger as

secured by the Fourteenth Amendment;

f. The right to be free from State action for simply exercising their rights to

free speech as secured by the First Amendment;

g. And other such particulars as may be learned through discovery.

49. As a direct and proximate result of the above described actions of Defendant

William West, while acting at all times under the color of law, Plaintiff suffered emotional harm,
 3:20-cv-03748-JMC-SVH Date Filed 10/26/20 Entry Number 1 Page 9 of 11

physical harm, pain and suffering, loss of liberty, alteration of his lifestyle, loss of reputation,

humiliation, apprehension, anxiety, stress, depression, embarrassment, shame, fear, and a loss of

enjoyment of life. Defendant West is sued in his individual capacity.

FOR A SECOND CAUSE OF ACTION

42 U.S.C. §1983 4th, 5th, and 14th Amendment Violations

50. Plaintiff incorporates by reference all previous paragraphs above as if repeated

herein.

51. The acts and omissions of Defendant William West by charging and prosecuting

Plaintiff for Public Disorderly Conduct and Assaulting a Police Officer While Resisting Arrest

without articulable suspicion, without probable cause, without legal authority to do so, without

legal justification, and without a reasonable basis to believe a crime had been committed violated

the Plaintiff’s Fourth, Fifth, and Fourteenth Amendment Rights.

52. By the actions and omissions described above, Defendant William West violated

42 USC § 1983, depriving Plaintiff of the clearly established and well settled constitutional

rights protected by the Fourth, Fifth, and Fourteenth Amendments to the United States

Constitution:

a. The right to be free from false arrest for Public Disorderly Conduct;

b. The right to be free from false arrest for Assaulting a Police Officer While

Resisting Arrest;

c. The right to be free from all impediments associated with bond and bail

while being falsely arrested;

d. The right to be free from jeopardy without some cause;

e. And other such particulars as may be learned through discovery.

 3:20-cv-03748-JMC-SVH Date Filed 10/26/20 Entry Number 1 Page 10 of 11

53. As a direct and proximate result of the above described actions of Defendant

William West, while acting at all times under the color of law, Plaintiff suffered emotional harm,

physical harm, pain and suffering, loss of liberty, alteration of his lifestyle, loss of reputation,

humiliation, apprehension, anxiety, stress, depression, embarrassment, shame, fear, and a loss of

enjoyment of life. Defendant West is sued in his individual capacity.

WHEREFORE the Plaintiffs pray for the following:

A. For a judgment against all Defendants Plaintiff for seeks actual, compensatory

and punitive damages to be determined by the Court and a jury;

B. For attorney’s fees and costs where applicable; and

C. For such other and further relief as this Court may deem just and proper.

Respectfully Submitted,
THE CAMDEN LAW FIRM, PA

s/ Deborah Butcher
Robert J. Butcher, 74722
Federal ID: 9767
Deborah J. Butcher, 74029
Federal ID: 10731
507 Walnut Street
Camden, South Carolina 29020
P.O. Box 610
Camden, South Carolina 29020
Telephone: (803) 432-7599
Facsimile: (803) 432-7499
Email: dbutcher@camdensc-law.com
Email: rbutcher@camdensc-law.com

PERRY LAW FIRM

Brett A. Perry
Federal ID: 6262
P.O. Box 1
Camden S.C. 29021
803-572-5885
 3:20-cv-03748-JMC-SVH Date Filed 10/26/20 Entry Number 1 Page 11 of 11

brett@perrylawfirm.us
Attorneys for the Plaintiff
Camden, South Carolina
October 23, 2020