ELECTRONICALLY FILED - 2021 Oct 04 1:48 PM - HORRY - COMMON PLEAS - CASE#2021CP2606541

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

COUNTY OF HORRY FIFTEENTH JUDICIAL CIRCUIT

Maryellen Lashoones, as the natural

grandmother and legal guardian of CIVIL ACTION NO.: 2021-CP-26-________
minor B.T.,
Plaintiff,
SUMMONS
v. (JURY TRIAL DEMANDED)

Horry County School District, South Carolina

Department of Education, U.S. Security
Associates, Inc., d/b/a Allied Universal,
Officer Sheppard, individually and as agent of
U.S. Security Associates, Inc., d/b/a Allied
Universal, Horry County, and Horry County
Police Department,
Defendants.

TO THE DEFENDANT ABOVE NAMED:

YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action,
a copy of which is hereby served upon you, and to serve a copy of your Answer to the said
Complaint on the undersigned attorney at their office, 3955 Faber Pl. Dr. Suite 103, N.
Charleston, South Carolina 29405, within THIRTY (30) DAYS after 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.

[SIGNATURE BLOCK ON FOLLOWING PAGE]

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Respectfully submitted,
THE LOKEY LAW FIRM, LLC.

s/ Landon L. Brock
Landon L. Brock, Esq. (SC Bar No.: 104940)
Warren R. Lokey, Esq. (SC Bar No.: 101792)
3955 Faber Pl. Dr. Suite 103
N. Charleston, SC 29405
Tel: (843) 202-0675
Fax: (843) 589-1042
Email: lbrock@lokeylawfirm.com
wrlokey@lokeylawfirm.com
ATTORNEYS FOR PLAINTIFF
October 4, 2021
North Charleston, South Carolina
 ELECTRONICALLY FILED - 2021 Oct 04 1:48 PM - HORRY - COMMON PLEAS - CASE#2021CP2606541
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

COUNTY OF HORRY FIFTEENTH JUDICIAL CIRCUIT

Maryellen Lashoones, as the natural

grandmother and legal guardian of CIVIL ACTION NO.: 2021-CP-26-________
minor B.T.,
Plaintiff,
COMPLAINT
v. (JURY TRIAL DEMANDED)

Horry County School District, South Carolina

Department of Education, U.S. Security
Associates, Inc., d/b/a Allied Universal,
Officer Sheppard, individually and as agent of
U.S. Security Associates, Inc., d/b/a Allied
Universal, Horry County, and Horry County
Police Department,
Defendants.

Plaintiff Mary Ellen Lashoones, as the natural grandmother and legal guardian of minor B.T.,

brings this Complaint against Defendant Horry County School District (hereinafter “HCSD”), South

Carolina Department of Education (hereinafter “SCDOE”), U.S. Security Associates, Inc., d/b/a

Allied (hereinafter “Allied”), Officer Sheppard individually and as agent of U.S. Security

Associates, Inc., d/b/a Allied Universal (hereinafter “Officer Sheppard”), Horry County, and Horry

County Police Department (hereinafter “HCPD”) based upon the allegations set forth below.

PARTIES, JURISDICTION, AND VENUE

1. Plaintiff Maryellen Lashoones is the grandmother and legal guardian of minor B.T.

2. Plaintiff and Plaintiff’s minor B.T. are individuals currently residing in the State of South

Carolina and are residents of Horry County.

3. Defendant HCSD is a school district, as defined in S.C. Code Ann. §59-17-10, and a
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political subdivision, as defined in S.C. Code Ann. § 15-78-30(h), having agents,

employees, officers, or proprieties located in Horry County, South Carolina. At all times

relevant to this Complaint, HCSD was acting by and through its agents, servants,

employees, or officers including, but not limited to, Defendant, Officer Sheppard, as further

alleged herein.

4. Defendant SCDOE, is a state agency as defined in S.C. Code Ann. § 15-78-10, et seq., and

has agents, employees, offices, or proprieties located in the State of South Carolina. Upon

information and belief, defendant SCDOE supervises, operates, or controls Defendant

HCSD. At all times relevant to this Complaint, Defendant SCDOE was acting by and

through its agents, servants, employees, or officers including, but not limited certain

individuals named in this Complaint.

5. Upon information and belief Defendant U.S. Security Associates, Inc., d/b/a Allied

Universal is a corporation and has agents, employees, offices, or properties located in the

State of South Carolina providing a wide variety of professional services for educational

institutions including security services and at the relevant time was the employer of Officer

Sheppard.

6. Defendant, Officer Sheppard, is an individual and, upon information and belief, a citizen

and resident of Horry County, South Carolina. At all times relevant to this Complaint,

Officer Sheppard was acting individually and/or as agent, servant, or employee of U.S.

Security Associates, Inc., d/b/a Allied Universal and/or HCSD as a security guard and/or

Resource Officer at Waterway Elementary School.

7. The Defendant, Horry County, is a political subdivision of the State of South Carolina as

defined in Section 15-78-10 et seq. of the Code of Laws of South Carolina (1985), as
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amended.

8. Defendant HCPD is a governmental agency and/or political subdivision of the State of

South Carolina, existing under the laws of the State of South Carolina (as defined by

Section 15-78-10 of the Code of Laws of South Carolina (1985), as amended) and has

facilities located in the County of Horry, South Carolina.

9. This Court has jurisdiction of the parties and subject matter thereof.

10. Venue is proper in this Court as the most substantial acts and/or omissions giving ride to

the causes of action alleged herein occurred in Horry County, South Carolina.

FACTUAL BACKGROUND

11. On January 15, 2020, Plaintiff’s minor B.T. (hereinafter “B.T.”) was a nine-year-old fourth

grade student at Waterway Elementary School.

12. Upon information and belief, Officer Sheppard was employed with the HCSD through

Allied Universal as a Security Officer at a Horry County School District location –

Waterway Elementary School.

13. Upon information and belief, on January 15, 2020, B.T. was having a panic attack in his

teacher’s (hereinafter Ms. Kushinskie) classroom.

14. Upon information and belief, Ms. Kushinskie, was unable to manage the B.T.’s panic

attack and called the assistant principle (hereinafter Ms. Dunn).

15. Upon information and belief, Ms. Dunn then called the school resource officer, Officer

Sheppard for assistance.

16. Upon information and belief, Officer Sheppard arrived at the classroom, B.T. was in.

17. Upon information and belief, Officer Sheppard grabbed B.T. by the neck placing B.T. in a

“chokehold”.
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18. Upon information and belief, Ms. Kushinskie and Ms. Dunn were yelling at Officer

Sheppard instructing him to let go of B.T.

19. Plaintiff B.T.’s injuries greatly limited, or altogether eliminated, the activities in which he

was able to participate and caused him great pain and suffering. Plaintiff B.T., can no

longer attend school in person due to fears associated with the subject matter of this

litigation. Additionally, Plaintiff and Plaintiff B.T. incurred extensive medical bills and

will have future medical bills. Along with future medical expenses, this incident and B.T.’s

injuries caused him pain and suffering, physical, mental, and emotional anguish, permanent

disability, and loss of enjoyment of life.

FOR A FIRST CAUSE OF ACTION

AGAINST THE DEFENDANTS HORRY COUNTY SCHOOL DISTRICT, SOUTH
CAROLINA DEPARTMENT OF EDUCATION, HORRY COUNTY, AND HORRY
COUNTY POLICE DEPARTMENT
(Negligence/Gross Negligence)

20. Plaintiff hereby incorporates by reference all the foregoing paragraphs as if set forth fully

herein.

21. The incidents described above and Plaintiff B.T.’s resulting injury was proximately caused

by the grossly negligent, reckless, willful or wanton acts of Defendant HCSD and

Defendant SCDOE, by and through their agents, servants, or employees in, at least one,

more, or all of the following particulars:

a. Failing to have proper policies and procedures regarding supervision,

protection, and control of students;

b. Even if such policies and procedures exist, by failing to properly implement

said policies and procedures regarding supervision, protection, and control of

students;
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c. Failure to hire and train staff, employees, agents, and/or servants to properly

supervise, protect, and control students;

d. Failure to follow policies and procedures regarding supervision, protection, and

control of students;

e. Failure to train and monitor staff, employees, agents, and/or servants to follow

policies and procedures regarding supervision, protection, and control students;

f. Failure to train staff, employees, agents, and/or servants in proper and

acceptable restraining methods when students are involved in an altercation and

a danger to self and/or others;

g. Failure to supervise staff, employees, agents, and/or servants in applying

restraining methods when students are involved in an altercation and a danger

to self and/or others;

h. Failure to train staff, employees, agents, and/or servants in proper procedures

to await support staff in occasions when students are involved in an altercation

and a danger to self and/or others;

i. Failure to implement adequate security of safety measures designed to prevent

or substantially reduce the likelihood of altercations between students,

including but not limited to B.T.;

j. Failing to protect B.T. from harm;

k. Conscious failure to train and monitor its staff, employees, agents, and/or

servants with regard to excessive force;

l. Conscious failure to prevent use of excessive force; and

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m. Failing to provide necessary protection to B.T. while in the care, custody, and

control of the defendants.

22. The above acts of negligence, gross negligence, and gross breaches of the proper standard

of care (by and through the employees, agents, and/or servants of Defendants) have caused

Plaintiff’s minor B.T. to suffer conscious pain and suffering. Plaintiff’s minor B.T. has

suffered mental anguish, emotional distress, incurred medical expenses, impairment,

disability, attorney fees, and undue grief, and he will likely suffer from the effects of the

Defendants’ grossly negligent acts now and in the future. As such, the Plaintiff is entitled

to Actual, Consequential, and Punitive Damages from the Defendants.

FOR A SECOND AND FINAL CAUSE OF ACTION

AGAINST THE DEFENDANT U.S. SECURITY ASSOCIATES, INC., D/B/A ALLIED
UNIVERSAL
(Negligence/Gross Negligence)

23. Plaintiff hereby incorporates by reference all the foregoing paragraphs as if set forth fully

herein.

24. The incidents described above and Plaintiff B.T.’s resulting injury was proximately

caused by the negligent, grossly negligent, reckless, willful, and/or wanton acts of

Defendant U.S. Security Associates, Inc., d/b/a Allied Universal by and through their

agents, servants, or employees in, at least, one, more, or all of the following particulars:

a. In failing to have proper policies and procedures regarding hiring, training,

supervision, and monitoring of private/school resource officers;

b. In failing to implement proper policies and procedures regarding hiring,

training, supervision, and monitoring of private security/school resource

officers;

c. In failing to properly hire, train, supervise, or monitor its private

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security/school resource officer, to include Defendant Officer Sheppard;

d. In failing to train and supervise private security/school resource officer in

diffusing student altercations;

e. In failing to train, supervise private security/school resource officers;

f. In failing to have proper policies and procedures regarding use of force in a

school setting;

g. In failing to implement proper policies and procedures regarding use of force

by staff, employees, agents, and/or servants in a school setting;

h. In negligently/grossly negligently hiring, monitoring, and/or training private

security/school resource officers, to include Defendant Officer Sheppard,

regarding proper use of force, especially within a school setting;

i. In continuing to employ Defendant Officer Sheppard as a private security

officer when it knew, or should have known, Defendant Officer Sheppard was

not properly trained regarding the use of force especially within a school

setting;

j. Conscious failure to train and monitor its employees with regard to excessive

force; and

k. Conscious failure to prevent use of excessive force.

25. As a direct result of the above action, Plaintiff’s minor B.T. has suffered physical injury,

conscious pain, suffering, and indignity. Further, Plaintiff’s minor B.T. has suffered and

continues to suffer mental anguish, emotional distress, medical expenses, attorney fees,

undue grief, and will likely suffer from the effects of the Defendants’ action now and in

the future, thereby justifying an award to Plaintiff for actual, consequential, and punitive
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damages from Defendants.

FOR A THIRD CAUSE OF ACTION

AGAINST THE DEFENDANT OFFICER SHEPPARD
(Negligence, Gross Negligence, and Excessive Force)

26. Plaintiff incorporates by reference all the foregoing paragraphs as if set forth fully herein.

27. The incidents described above and Plaintiff B.T.’s resulting injury was proximately

caused by the negligent, grossly negligent, reckless, willful, and/or wanton acts of

Defendant Officer Sheppard in the following particulars:

a. Failure to provide necessary protection to the Plaintiff while in the care and

custody of the Defendants;

b. Failure to use the care and caution in safekeeping the Plaintiff while in the

care of the defendants;

c. Failure to properly monitor the Plaintiff while in the Defendant’s care and

custody;

d. In failing to take alternative measures which were then and there available to

the Defendants – instead of excessive physical force;

e. Failure to properly train and/or supervise so as to ensure the Plaintiff was

provided with care and protection, including but not limited to mental and

physical treatment;

f. Failure to provide Plaintiff with proper protection from abuse (both physical

and mental) at the hands of students; and

g. In failing to utilize less intrusive measures before resorting to inappropriate

use of force.

28. As a direct result of the above action, Plaintiff’s minor B.T. has suffered physical injury,
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conscious pain, suffering, and indignity. Further, Plaintiff’s minor B.T. has suffered and

continues to suffer mental anguish, emotional distress, medical expenses, attorney fees,

undue grief, and will likely suffer from the effects of the Defendants’ action now and in

the future, thereby justifying an award to Plaintiff for actual, consequential, and punitive

damages from Defendants.

FOR A FOURTH CAUSE OF ACTION

AGAINST ALL DEFENDANTS
(Battery)

29. Plaintiff hereby incorporates by reference all the foregoing paragraphs as if set forth fully

herein.

30. At all times relevant to this Complaint, Defendant Officer Sheppard was an agent,

employee, and/or servant of Defendant HCSD, SCDOE, Horry County, HCPD, and U.S.

Security Associates, Inc., d/b/a Allied Universal and was working directly on these

Defendants behalf at the time he committed battery upon Plaintiff’s minor B.T.

31. Defendant Officer Sheppard, as an employee of Defendants, battered B.T. by using

excessive force upon him in his role as a private security/school resource officer,

including but not limited to the unreasonable use of force and using an improper

technique in separating B.T. from the above referenced altercation.

32. The battery perpetrated by Defendant Officer Sheppard as a private security/school

resource officer was without Plaintiff and B.T.’s consent.

33. As a direct result of the above action, Plaintiff’s minor B.T. has suffered physical injury,

conscious pain, suffering, and indignity. Further, Plaintiff’s minor B.T. has suffered and

continues to suffer mental anguish, emotional distress, medical expenses, attorney fees,

undue grief, and will likely suffer from the effects of the Defendants’ actions now and in
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the future, thereby justifying an award to Plaintiff for actual, consequential, and punitive

damages from Defendants.

WHEREFORE, Plaintiff prays for judgment against Defendant for an amount to

be ascertained by the jury at the trial of this action, for all damages, punitive and actual,

for the cost and disbursements of this action, and both prejudgment and post judgment

interest, and for such other and further relief, in law or in equity, as this court may deem

just and proper.

Respectfully submitted,

THE LOKEY LAW FIRM, LLC.

s/ Landon L. Brock
Landon L. Brock, Esq. (SC Bar No.: 104940)
Warren R. Lokey, Esq. (SC Bar No.: 101792)
3955 Faber Pl. Dr. Suite 103
N. Charleston 29405
Tel: (843) 202-0675
Fax: (843) 589-1042
Email: lbrock@lokeylawfirm.com
wrlokey@lokeylawfirm.com
ATTORNEYS FOR PLAINTIFF

October 4, 2021
North Charleston, South Carolina