ELECTRONICALLY FILED - 2021 Apr 12 3:23 PM - MARION - COMMON PLEAS - CASE#2021CP3300123

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) TWELFTH JUDICIAL CIRCUIT
COUNTY OF MARION )
)
Odette Akers, ) CASE NO. 2021-CP-33-__________
)
Plaintiff, )
) SUMMONS
vs. ) (Jury Trial Demand)
)
Marion County and the Marion Sheriff’s )
Department,

Defendant.

TO THE DEFENDANT:

YOU ARE HEREBY SUMMONED and required to answer the Complaint in this

action of which a copy is hereby served upon you, and to serve a copy of your Answer to

the said Complaint on the subscriber at their offices, 1921 Henderson Street, Post Office

Box 532, Columbia, South Carolina 29202 within thirty (30) days after the service

thereof exclusive of the day of such service; and if you fail to answer the Complaint

within the time aforesaid, the Plaintiff in this action will apply to the Court for the relief

demanded in the Complaint and for a default judgment.

BAILEY LAW FIRM, L.L.C.

By: s/Tyler D. Bailey

Tyler D. Bailey
S.C. Bar No. 101915
1921 Henderson Street (29201)
P.O. Box 532
Columbia, SC (29202)
Telephone: 1-803-667-9716
Fax: 1-803-526-7642
Email: Tyler@baileylawfirmsc.com
ATTORNEY FOR PLAINTIFF
Marion, South Carolina
 ELECTRONICALLY FILED - 2021 Apr 12 3:23 PM - MARION - COMMON PLEAS - CASE#2021CP3300123
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) TWELFTH JUDICIAL CIRCUIT
COUNTY OF MARION )
)
Odette Akers, ) CASE NO. 2021-CP-33-___________
)
Plaintiff, )
) COMPLAINT
vs. ) (Jury Trial Demand)
)
Marion County and the Marion Sheriff’s )
Department,

Defendants.

PARTIES

The Plaintiff, complaining of the Defendants, Marion County and the Marion

County Sheriff’s Department (“Defendants”), would respectfully show unto this Honorable

Court:

1. That Plaintiff, Odette Akers (hereinafter “Plaintiff”), is and was a citizen

and resident of the County of Marion, State of South Carolina at all times relevant herein.

2. The Defendant, Marion County, is a governmental and/or political entity

organized and existing pursuant to the Constitution of the State of South Carolina and

doing business as a municipality.

3. The Defendant, Marion County Sheriff’s Department is a political

subdivision of Marion County.

4. The Defendant Marion County has a Sheriff’s Department and that

officers and/or agents of the Sheriff’s Department did arrest Plaintiff without probable

cause.

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5. That this action is being brought in the Court of Common Pleas in Marion

County, the county in which this incident occurred, and therefore jurisdiction and venue

are proper.

FACTUAL ALLEGATIONS APPLICABLE TO ALL CLAIMS

AND
FIRST CAUSE OF ACTION
Gross Negligence

6. That on or about January 6, 2020, Plaintiff was arrested by officers and/or

employees of the Defendants.

7. That Plaintiff was arrested for allegedly abusing a vulnerable adult on or

about October 13, 2019.

8. That on November 16, 2020, the Solicitor’s Office dismissed all criminal

charges against Plaintiff.

9. That the wrongful arrest of Plaintiff resulted in her being taken to the

Detention Center and sustaining other damages.

10. That Plaintiff eventually bonded out of jail and the criminal charges were

dismissed.

11. That Plaintiff brings this cause of action against Defendants for their

wrongful acts.

12. The Defendants, through its officers, agents, and/or employees, was

negligent, careless, reckless, grossly negligent, willful, and wanton at the time and place

aforementioned in the following particulars:

a) In arresting Plaintiff without probable cause;

b) In falsely arresting Plaintiff;

c) In arresting Plaintiff without sufficient grounds to make an arrest;

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d) In ordering an arrest when there was no charge to arrest for;

e) In failing to properly train, supervise, and monitor its staff;

f) In violating established precedent and in arresting Plaintiff without probable

cause;

g) In failing to take that degree of skill and care which a reasonable and/or
prudent person would have done under the same or similar circumstances;

h) In arresting Plaintiff due to bias;

i) In failing to properly hire, train, and/or supervise its employees;

j) In failing to have adequate policies and procedures in place to protect

citizens from being arrested by officers without probable cause;

k) In failing to act as a reasonably prudent entity would act under the same or
similar circumstances;

l) In failing to enforce their own internal rules, policies, procedures, and

standards;

m) In refusing the dismiss the charges after reviewing the evidence;

n) In arresting Plaintiff without justification;

o) In the officer’s failure to conform her conduct to her training;

p) In exercising her discretion in a grossly negligent manner (see Duncan vs.

Hampton County School District # 2 335 S.C. 535, 517 S.E.2d 449 (S.C.
App. 1999 “if discretion is exercised in a grossly negligent manner then the
government entity involved is liable for its torts as if it were a private
individual);

q) In any other such manner that Plaintiff may become aware of through
discovery and/or at trial.

13. All of which were the direct and proximate cause of the damages suffered by

the Plaintiff herein, said acts being in violation of the statutes and laws of the State of South

Carolina.

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14. That as a direct and proximate result, Plaintiff was detained, humiliated,

suffered mental anguish, emotional distress, unlawful confinement, and damage to her

reputation and career as a law enforcement officer.

15. That as a direct and proximate result of Defendants’ negligence and/or

recklessness, Plaintiff has and will likely, in the future, be caused to incur medical
expenses.

16. That Plaintiff is informed and believes that she is entitled to actual damages
in an amount that would adequately compensate her for her injuries and damages.

FOR A SECOND CAUSE OF ACTION

False Imprisonment

17. That Plaintiff incorporates herein by reference all the allegations contained in
the above paragraphs and throughout this entire Complaint as though the same were fully set
forth herein at length.

18. That the Defendants, through its officers, agents, and/or employees, did
maliciously detain the Plaintiff without probable cause to detain Plaintiff.

19. That Defendants later dismissed the case because there was no probable
cause.

20. That Plaintiff brings this cause of action for false imprisonment in that
Defendants had no probable cause to detain Plaintiff since the arrest was invalid and the
case was dismissed for that reason.

21. That as a direct and proximate result, Plaintiff was falsely imprisoned,

detained, humiliated, suffered mental anguish, emotional distress, unlawful confinement,

and damage to her reputation and career as a law enforcement officer.

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22. That as a direct and proximate result of Defendant’s gross negligence
and/or recklessness, Plaintiff has and will likely, in the future, be caused to incur medical
expenses.

23. That Plaintiff is informed and believes that she is entitled to actual damages
in an amount that would adequately compensate her for her injuries and damages.

FOR A THIRD CAUSE OF ACTION

Slander

24. That Plaintiff incorporates herein by reference all the allegations contained in
the above paragraphs and throughout this entire Complaint as though the same were fully set
forth herein at length.

25. The Plaintiff brings this cause of action for slander in that Defendants,
through its officers, agents and/or employees did accuse Plaintiff of a crime of moral
turpitude.

26. That Plaintiff’s reputation has been slandered and the accusations are false
and baseless.

27. The Plaintiff brings this cause of action for slander as the Defendants are
liable per se for the acts of its employees because those employees asserted that the
Plaintiff had committed a crime and that Defendants’ officers, agents and/or employees
had no probable cause to so state infront of witnesses and to detain her.

28. The Plaintiff asks for damages for emotional distress, for attorney’s fees, and
damages to her reputation including all of which has been alleged above.

29. That Plaintiff is informed and believes that she is entitled to actual damages
in an amount that would adequately compensate her for her injuries and damages.

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FOR A FOURTH CAUSE OF ACTION
Outrage

30. That Plaintiff incorporates herein by reference all the allegations contained in
the above paragraphs and throughout this entire Complaint as though the same were fully set
forth herein at length.

31. That the South Carolina Supreme Court recognized the actionability of the
tort of reckless infliction of emotional distress which is commonly known as Outrage under
the South Carolina Tort Claims Act in Bass v. S.C. Dept. of Soc. Servs., 414 S.C. 558, 780
S.E.2d 252 (2015).

32. That Defendants were negligent, grossly negligent, wanton and/or reckless
for the reasons outlined more fully herein.

33. That the negligence, gross negligence, wantonness and/or recklessness of

Defendants as further described herein, inflicted severe emotional distress on Plaintiff.

34. That Defendants knew or should have known that their negligent, wanton
and/or reckless conduct would inflict severe emotional distress on Plaintiff.

35. That Defendants’ negligence, gross negligence, wantonness and/or

recklessness was so extreme and outrageous that it exceeded all possible bounds of decency
and must be regarded as atrocious, and utterly intolerable in a civilized community.

36. That as a direct and proximate result of Defendants’ negligent, grossly

negligent and/or reckless acts; Plaintiffs suffered injuries and damages as further described
herein.

37. That as a direct and proximate result of Defendants’ negligent, grossly

negligent and/or reckless acts; Plaintiff suffered severe emotional distress that no reasonable
person should expect to endure.

38. That Plaintiff’s emotional distress was of such nature so as to require her to
expend monies, to receive additional medical attention and to require medical necessities.

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39. That Plaintiff has suffered and will continue to suffer physical pain,
humiliation, mental anguish, emotional distress, medical expenses, wage loss and loss of
enjoyment of life.

40. That Plaintiff is informed and believes that she is entitled to actual damages
in an amount which would adequately compensate her for her severe emotional distress,
injuries, and damages.
FOR A FIFTH CAUSE OF ACTION
Negligent Supervision/ Negligent Hiring/Negligent Training/Negligent Retention

41. That Plaintiff incorporates herein by reference all the allegations contained
in the above paragraphs and throughout this entire Complaint as though the same were fully
set forth herein at length.

42. That Plaintiff is informed and believe that Defendants through the
negligent, reckless, wanton, outrageous, and grossly negligent conduct of their employees
is further negligent, willful, careless, reckless, and grossly negligent in one or more of the
following particulars:

(a) In failing to exercise the degree of care that reasonably prudent police
officers would have exercised under the same or similar circumstances;

(b) In failing to conduct a proper and adequate background search or review of

its employees before and after hiring;

(c) In failing to monitor the conduct of its employees and to take appropriate
steps to discipline and/or terminate them subsequent to the commissions of
negligent, outrageous, willful, wanton, reckless, grossly negligent, and/or
unlawful acts;

(d) In failing to properly supervise its employees;

(e) In failing to have in place adequate policies and procedures, and if such
policies and procedures were in place, in failing to enforce them;

(f) In failing to have in place adequate policies and procedures to mandate

compliance by its employees with state guidelines, statutes, laws, and
regulations, and if such policies and procedures were in place, in failing to
enforce them;

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(g) In failing to properly train its employees on when, where, and how to arrest
people;

(h) In failing to properly train its employees on accessing whether there is

sufficient probable cause to make an arrest;

(i) In any other such manner that Plaintiff may become aware of through
discovery and/or at trial.

43. That all of which were the direct and proximate cause of the damages
suffered by the Plaintiff herein, said acts being in violation of the laws of the State of South
Carolina.

44. That Plaintiff has suffered and will continue to suffer physical pain,
humiliation, mental anguish, emotional distress, medical expenses, wage loss, and loss of
enjoyment of life.

45. That Plaintiff is informed and believes that she is entitled to actual damages
in an amount which would adequately compensate them for their injuries and damages.

WHEREFORE, Plaintiff prays that she will be granted a judgment against the

Defendants as follows:

a. Actual damages on all causes of action;

b. Incidental damages on all causes of action;

c. Consequential damages on all causes of action;

d. For the costs and expenses of this action; and

e. For such other and further relief as the court may deem just and proper.

[SIGNATURE BLOCK ON THE FOLLOWING PAGE]

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BAILEY LAW FIRM, L.L.C.

By: s/Tyler D. Bailey

Tyler D. Bailey
S.C. Bar No. 101915
1921 Henderson Street (29201)
P.O. Box 532
Columbia, SC (29202)
Telephone: 1-803-667-9716
Fax: 1-803-526-7642
Email: Tyler@baileylawfirmsc.com
ATTORNEY FOR PLAINTIFF
Marion, South Carolina

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