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26 May

Posted at 16:29h in News

Original Source: Live 5 News

Charleston County Council’s unanimous vote Wednesday night on a $10 million settlement in the death of Jamal Sutherland means the county will have to dip into its coffers to pay the majority of the cost.

Sutherland is the man who died while in custody on Jan. 5 at the Charleston County jail.

His death came approximately 10 hours after North Charleston Police took him to the jail from Palmetto Behavioral Health where he was being treated for a mental health condition. Police responded to the facility after receiving a 911 call about a fight that had broken out.

Sutherland wound up being charged with third-degree assault and battery but became unresponsive as detention deputies worked to forcibly remove him from his cell so that he could attend a bond hearing. Deputies used tasers and dragged him out of the cell.

No one has been criminally charged, despite demands from Sutherland’s family and activist groups.

Injury attorney Mark Bringardner says the $10 million settlement is the largest civil rights settlement in the state of South Carolina.

“And it’s a sizable settlement, but I will say that it’s not out of line with other cases like that,” he says.

Mark Peper, the attorney representing the Sutherland family, said his staff also determined this is the largest civil rights settlement after looking through similar payments dating back to 2015. At that time, the $6.5 million Walter Scott settlement was the largest such payout.

Of the $10 million, Charleston County will pay $8 million. The Charleston County Sheriff’s Office and the North Charleston Police Department will each pay $1 million.

But Bringardner says it’s not “case closed.”

Peper confirmed they are still looking to settle with Palmetto Behavioral Health, the North Charleston facility where Sutherland was arrested for assaulting a staff member. The family is also looking to settle with Wellpath, the contract company that provides medical workers at the Charleston County jail.

“So this is a good first step in providing closure to the family, providing some sense of justice to them,” Bringardner says. “But money can only do so much. It’s the best we have under our civil justice system to exchange money for injury or loss of life. But really what we try to do as lawyers is to pursue policy changes so there’s a systemic reaction to help make people in Mr. Sutherland’s situation safer.”

U.S. Rep. Nancy Mace says she hopes new laws and federal grants can help prevent this from ever happening again.

“Different ways we can treat folks when police or 911 is called and one example is to have a mental health professional on call when police are called,” she said.

Mace says we desperately need more data about mental health issues in prisons and jails to prevent mistreatment as well as costly settlements.

“All of us in the Charleston community want to see justice for Jamal and this is one step forward toward doing that,” she said.

The settlement now needs to be filed with the court and approved by a judge.

The two deputies involved were fired and Peper says they are both part of this $10 million agreement, meaning they will not be sued individually in a civil case.

But as for criminal charges, Ninth Circuit Solicitor Scarlett Wilson said she hopes to decide whether charges can be filed by the end of June depending on investigations that are still underway.

26 May

Posted at 16:27h in News

Original Source: Yahoo News

“We know that no amount of money will bring their loved one back, but I think this starts the healing process,” said Council Chairman Teddie Pryor.

The family of Jamal Sutherland has received a $10 million settlement in the wake of his wrongful jailhouse death.

On Tuesday, the Charleston County council unanimously approved the $10 million settlement, NBC News reports.

“I am so happy that it was a unanimous decision to do what is right by the Sutherland family,” said Council Chairman Teddie Pryor. “We know that no amount of money will bring their loved one back, but I think this starts the healing process.”

In January, 31-year-old Sutherland died after two deputies attempted to forcibly remove Sutherland from a jail cell. The day before, Sutherland was arrested after a fight at the Palmetto Lowcountry Behavioral Health psychiatric facility where he was receiving mental health treatment, NBC News reports.

“He was already afraid and confused about the situation and there was nobody in there to talk to him with any compassion. Those individuals that are responsible, they need to be let go,” said Jamal Sutherland’s father, James Sutherland, during a press conference earlier this month.

Video footage of Sutherland’s struggle with deputies at the Sheriff Al Cannon Detention Center was released by the Charleston County Sheriff’s Office on May 12. In it, Sutherland is seen crying out in pain and laying on the floor as a deputy tased him repeatedly. The 31-year-old died roughly an hour and 15 minutes after the incident. Two officers have been identified as Sgt. Lindsay Fickett and Detention Deputy Brian Houle and both were fired on May 17, CNN reports.

The local outrage incited by the release of the video led to many protests in Charleston. Some protestors pointed out that the details of Sutherland’s brutal encounter were painfully reminiscent of those of George Floyd‘s murder. At one point during the struggle, Houle had his knee on Sutherland’s neck while Sutherland was handcuffed. He’s heard saying “I can’t breathe”.

“Mental illness does not give anyone the right to put their hands on my child… I had 16 surgeries and Jamal never left my side, even when he was going to the mental hospital he wanted to make sure that his mom was alright,” said Sutherland’s mother, Amy Sutherland. “Remember, he is a human being. He is not an animal. He was treated like one, but that’s not who he was.”

Last week, Ninth Circuit Solicitor Scarlett Wilson said that the investigation into criminal charges for the officers involved is ongoing. In her statement, Wilson noted that Sutherland’s autopsy stated that he died “as a result of excited state with pharmacotherapeutic effect during subdual process,” and the review of the extrication process did not reveal any “unusual or excessive interactions or areas of direct concern.”

Wilson said those results “raised many questions” for her and she is seeking a second opinion.

26 May

Posted at 16:26h in News

Original Source: USA Today

Officials agreed Tuesday to pay $10 million to the family of a Black man who died after two sheriff’s deputies used pepper spray and stun guns on him in a South Carolina jail in January.

The Charleston County Council unanimously approved the settlement for the family of Jamal Sutherland, 31, as the country marked the one-year anniversary of the killing of George Floyd on Tuesday. Council Chairman Teddie Pryor said at the meeting he had met with Sutherland’s family and pledged to work on reform.

“We know that no amount of money will bring their loved one back, but I think this starts the healing process,” Pryor said. “This should never happen to anyone ever again. Ever.”

Sutherland was arrested after officers were called to investigate a fight at Palmetto Behavioral Health, a mental health and substance abuse center. He was booked into jail Jan. 4 on charges of third-degree assault and battery.

The next morning, the deputies arrived to take him to a court appearance, then repeatedly tased him after he refused to be handcuffed and leave his cell, according to video released by the county May 13. The deputies repeatedly ordered him to kneel,  and they pepper-sprayed him, video shows.

One deputy put his knee on Sutherland’s back for more than two minutes as he was handcuffed. Sutherland said, “I can’t breathe.”

An hour later, he was pronounced dead. His death brought protests and calls for criminal charges.

An initial statement released on Sutherland’s death said deputies “reported an unresponsive inmate” and notified state police, per standard procedure. The deputies were placed on administrative leave with pay.

Mark Peper, an attorney for the Sutherland family, said that Sutherland’s schizophrenia and bipolar disorder were so severe that he should never have been held in a nonmedical portion of the jail and that the video portrayed a “use of force that was so unnecessary and excessive that there are no words.”

Days after video of Sutherland’s death was released, Charleston County Sheriff Kristin Graziano announced she was terminating detention Sgt. Lindsay Fickett and detention Deputy Brian Houle for their involvement.

“I must weigh the interest of public safety for the community against any incident that creates even the perception of an impairment to the operation of the Detention Center for the safety of all residents, staff and our community,” Graziano said in a statement.

The local prosecutor, 9th Circuit Solicitor Scarlett Wilson, said last week her office was investigating to determine whether criminal charges are warranted.

Wilson said she is seeking expert opinions on use of force in a detention setting. She hopes to conclude the investigation by the end of June, local media reported.

26 May

Posted at 16:15h in News

Original Source: New York Times:

Charleston County, S.C. officials unanimously approved an agreement with the family of Jamal Sutherland, who died in January, when sheriff’s duties used pepper spray and tasers on him.

A county in South Carolina on Tuesday agreed to pay $ 10 million to the family of a black man who died in January, when sheriff’s deputies shot pepper spray and tessers at him in a prison closet. Used, as he told them, “I can’t breathe,” officials said.

In a unanimous vote, Charleston County Council approved the settlement of the death of 31-year-old Jamal Sutherland, who was then taken from the mental health facility to the county jail.

His death on 5 January has attracted protests and comparisons to the murder of George Floyd in police custody in Minneapolis.

The agreement came after several Americans stayed on Tuesday to recall Mr. Floyd a year after his death, which became the catalyst for a nationwide enumeration on police brutality and systemic racism.

This occurred on May 17 following the shootings of two deputies involved in Mr. Sutherland’s death, an encounter shown in graphic video footage that was released this month by the Charleston County Sheriff’s Office. One of the deputy placed a knee on Mr. Sutherland’s back.

Before the settlement was approved, the county and Sutherland families engaged in arbitration negotiations in an effort to avoid formal litigation, the television station WCSC reported. According to local news media outlets, the council’s Finance Committee had previously recommended that the full council approve the $ 10 million agreement.

Councilman Teddy E. Prior Senior said during the meeting that he had promised the Sutherland family that he would look into what improvements could be made in public safety.

“It should never happen to anyone again,” Mr. Prior said. “sometimes.”

A lawyer for Mr. Sutherland’s family did not immediately respond to requests for comment Tuesday night.

The payment adds to the list of eight-figure settlements in several high-profile murders of black people involving law enforcement officers. In March, Mr. Floyd’s family signed a $ 27 million settlement with the city of Minneapolis. Earlier this month, authorities in Columbus, Ohio, agreed to pay $ 10 million to the family of Andre Hill, a black man who was badly shot by a police officer in a garage in December was.

C. Brentley Moody, a member of the Charleston County Council, said during a group meeting on Tuesday that he was struggling with whether to endorse the agreement. He admitted that “globally, this race at the courthouse” bothered him.

“What was done was a terrible injustice,” Mr. Moody said. “But how do you solve it? I don’t know what the answer is.”

The local prosecutor is expected to decide in June whether the deputation, Sergeant. Lindsey Fickett and Detention Deputy Brian Houle will face criminal charges in Mr. Sutherland’s death. The Ninth Circuit Solicitor, prosecutor, Scarlett A. Wilson, said earlier this month that she was reviewing the results of an investigation into the actions of deputies conducted by the South Carolina Law Enforcement Division.

Ms. Fickett and Mr. Houle were placed on administrative leave before their firing was announced on May 17 Twitter By Charleston County Sheriff Kristin Graziano.

Deputies were trying to extricate Mr. Sutherland from a closet at the county jail’s Sheriff Al Cannon Detention Center to take him to court for a bond hearing on January 5, when the fatal encounter occurred.

In the video footage released by the sheriff, deputies were seen firing a taser at Mr. Sutherland’s cell using pepper spray twice. Mr. Sutherland was killed by Tesser six to eight times, Mr. Houle later said in the video.

The video showed Mr. Sutherland moaning on the ground before he eventually lost consciousness. Shortly thereafter, he was pronounced dead, with a pathologist ruling that the manner of his death was “uncertain”. The pathologist stated that Mr. Sutherland died “as a result of an agitated state with pharmacotherapeutic effects during the sub-procedure.”

The officials would not discuss the results of the autopsy further and said that the post-mortem examination report would not be released as it was not a public document.

Mr Sutherland was taken to jail from Palmetto Lowcountry Behavioral Health, a mental health facility, where he was arrested after a fight on 4 January. Mental health center staff told responding officers that Mr. Sutherland had assaulted a staff member. He and another patient were charged with third-degree assault and battery Post and courier Of Charleston.

On the day of his arrest, a video showed Mr. Sutherland in distress. He shouted “Let me go” at the authorities and spoke of intrigues, including references to the Illuminati, the group – real and fictional – dating back centuries and possessing special knowledge.

15 Jan

Posted at 15:44h in News

By Renee Sexton
1/15/2020

The family of an inmate who was killed by two other inmates in a South Carolina prison has received $275,000 in a mediated wrongful death settlement, the family’s attorneys report.

Mark Peper and Marvin Pendarvis of the Peper Law Firm in Charleston report that the family of Michael Lorenzo Jones sued the South Carolina Department of Corrections in McCormick County Circuit Court for wrongful death and negligent hiring, training, and supervision.

Pendarvis

Pendarvis

The family’s attorneys said that Jones was serving a sentence at McCormick Correctional Institution in 2016 when he was attacked by the other two inmates and stabbed with a homemade shank. Jones received routine medical care and returned to his cell, but died about half an hour after he was stabbed.

At the time of the attack, a single correctional officer was covering the unit where the incident occurred and all interior doors–including all cell doors and those leading into and out of each wing–were unlocked and open, which allowed inmates to move around at will and unsupervised, Peper and Pendarvis said.

Information obtained through discovery revealed overcrowding at the prison, a lack of adequate supervision due to a shortage of staff correctional officers, failure to properly train, monitor and supervise correctional officers, failure to have proper policies and protocols in place to provide for inmate safety, and failure to provide the proper level of security in the wing after being notified of prior violent incidents there, the attorneys said.

The attorneys also argued that SCDC employees had failed to properly locate and dispose of contraband, properly classify and monitor inmates, and provide immediate medical care. Pendarvis said Jones had filed complaints with SCDC saying that he had been threatened and feared for his life and asking for help.

Peper

Peper

One of the inmates was charged with murder. The other was charged with accessory to murder.

“What happened to Mr. Jones was the result of a number of missteps that led to him ultimately being killed,” Pendarvis said. “If you have a facility that has a reputation, if you’ve got a unit within that facility that has a reputation of being a unit where certain types of violence occur, and you do nothing to address the ability for inmates to get their hands on chains or weapons that could carry out harm, you’re negligent.”

Jimmy King of Anderson mediated the settlement, which was approved on Nov. 12.

Pendarvis said the demand was limited by the cap on damages imposed by the South Carolina Tort Claims Act. He said the family knew at the beginning of the process that the settlement amount would be limited, but they hope the suit will force SCDC to address its staffing issues at McCormick.

“It’s clear that it’s understaffed. It’s clear that there are things that continue to take place within the department that need to be addressed,”Pendarvis said. “Just because someone’s been sentenced to time doesn’t mean that it’s a death sentence. It shouldn’t have to be that way, especially when it could be prevented and you have officers that are tasked with ensuring that inmates are able to serve their time without fear of death, and they need to be held accountable.”

Steven Pruitt with McDonald Patrick in Greenwood represented the SCDC. Neither he nor the department responded to a request for comment.

Follow Renee Sexton on Twitter @BobcatRenee

SETTLEMENT REPORT — WRONGFUL DEATH

Amount: $275,000

Injuries alleged: Death

Case name: Estate of Michael Lorenzo Jones v. South Carolina Department of Corrections

Court: McCormick County Circuit Court

Case No.: 2018-CP-35-055

Mediator: Jimmy King of Anderson

Insurance carrier: South Carolina Insurance Reserve Fund

Attorneys for plaintiff: Mark Peper and Marvin Pendarvis of the Peper Law Firm in Charleston

Attorney for defendant: Steven Pruitt of McDonald Patrick in Greenwood

Link (subscription required): https://sclawyersweekly.com/news/2020/01/15/family-of-man-killed-in-prison-settles-case-for-275k/

07 Aug

Posted at 10:49h in News

FOR IMMEDIATE RELEASE

August 7, 2019

Media Contact: Tyler Jones – 252-675-7606
tyler@speakstrategic.com

Family of Slain SCDC Inmate Hires Attorney

Charleston, SC – The family of Damon Latroy Doyle, 43, has retained The Peper Law Firm, PA to investigate the circumstances of his death Monday at Broad River Correctional Facility in Columbia, SC.

As evidenced by the video taken by a fellow inmate, which can be viewed here, Mr. Doyle was beaten with a broom stick and stabbed numerous times by upwards of six inmates at the high-security prison. Three correctional officers stationed nearby failed to intervene; one of whom turned his back and walked away. Mr. Doyle was pronounced dead at Richland Memorial Hospital hours later.

“The video speaks for itself; this was a planned attack by violent, unsupervised inmates. Not a single correctional officer at the high-security prison made the slightest attempt to prevent the attack, intervene, or render aid. They simply walked away with no concern for his well being or the safety of the other inmates,” said Attorney Mark Peper.

Peper plans to fully investigate the incident and share his findings with the family, public, and state lawmakers.

“My brother deserves better. Just because someone commits a crime and goes to prison doesn’t mean they deserve to die and it seems like that’s what every prison inmate is faced with recently, a death sentence,” said Doyle’s brother, Gerard Doyle.

The Peper Law Firm is a criminal defense and personal injury law firm in Charleston, South Carolina.

www.PeperLawFirm.com

02 Jan

Posted at 11:10h in News

January 2, 2019

FOR IMMEDIATE RELEASE

Media Contact: Tyler Jones – 252-675-7606
tyler@speakstrategic.com

LAWSUIT FILED ON BEHALF OF MINOR VICTIM OF FORMER CCSD EMPLOYEE MARVIN GETHERS
PRESS CONFERENCE TO BE HELD AT 12 NOON JANUARY 2, 2019 AT 75 CALHOUN ST. CHARLESTON, SC 29401

John Doe, a minor under the age of eleven years old, by his parents, Mother and Father Doe vs. Charleston County School District; City of North Charleston; and Alton Cannon, in his Capacity as Sheriff of Charleston County.

Charleston, SC – The Peper Law Firm, PA and David Aylor Law Offices filed a lawsuit this morning on behalf of a former first grade student at Dunston Elementary who was physically and sexually assaulted by former CCSD employee Marvin Gethers on multiple occasions in 2013–2014. A press conference to discuss the factual allegations contained therein will be held at 12 noon today at 75 Calhoun Street Charleston, SC 29401.

As alleged in the filed complaint, Gethers downloaded and viewed thousands of pornographic images and videos, including child pornography, on his CCSD-issued laptop while working as a Student Concern Specialist at Dunston. Upon being notified of same, CCSD allowed Gethers to return to work after five (5) days of paid administrative leave, where he would then sexually assault at least three (3) minor victims, including John Doe. During the twenty-three (23) months it took law enforcement to finally confirm what CCSD already knew, Gethers was promoted and provided a new iPad, professional development bonus, and use of a new automobile after being named “Classified Employee of the Year” for the 2013–2014 school year by CCSD.

Lead attorney Mark A. Peper, Sr. filed the lawsuit and stated, “These tragic events would not have occurred but for the multiple acts of gross negligence by those responsible for his training and supervision and their conspiracy to cover it up. This case is not about the lion, but the individuals that let the lion lock these innocent children in his cage.”

The complaint, which is available at https://peperlawfirm.com/in-the-news/ is filed in the Ninth Judicial Circuit in Charleston County, South Carolina and demands a jury trial against all Defendants.

20 Sep

Posted at 10:40h in News

WWW.PEPERLAWFIRM.COM

FOR IMMEDIATE RELEASE

September 20, 2018

Media Contact: Tyler Jones – 252-675-7606
tyler@speakstrategic.com

LAWSUIT FILED AGAINST CHARLESTON COUNTY SCHOOL DISTRICT AFTER BURKE HIGH SCHOOL TEACHER COERCES MINOR STUDENT TO PERFORM SEX ACTS FOR BETTER GRADES

Charleston, S.C. – The Peper Law Firm, PA filed a lawsuit today on behalf of a former Burke High School student alleging the Charleston County School District failed to protect the minor from a teacher who coerced the student into performing repeated sexual acts. The complaint further alleges the teacher lowered the grade of the student after resisting the teacher’s continuous sexual advances.

The complaint brings two causes of action against the Charleston County School District: gross negligence and recklessness; and intentional infliction of emotional distress.

Attorney Mark A. Peper released the following statement:

“Where the safety, protection, and well-being of our students is paramount, acts such as these and others by employees under the direct supervision of the CCSD are outrageous, and must be regarded as atrocious and utterly intolerable. If the District won’t fix the problem, the Courts will.”

The complaint, which is available here, is filed at the Ninth Judicial Circuit in Charleston County, South Carolina.

THE PEPER LAW FIRM, PA
548 Savannah Highway
Charleston, SC 29407
843.225.2520 (O)
843.225.2554 (F)

29 Mar

Posted at 11:38h in News

March 29, 2018

FOR IMMEDIATE RELEASE

Contact: David Aylor – 843-577-5530

Father of Deceased Colleton County Fifth Grader Seeks Answers

Press Conference Scheduled for Monday, April 1, 2019 at 11:00am

Charleston, SC – Attorneys David Aylor and Mark Peper issued the following statement on behalf of Jermaine Van Dyke, the father of 10-year-old Raniya Wright, who died of injuries sustained from a fight at Forest Hills Elementary School in Walterboro.

“To date, Jermaine Van Dyke has been provided no pertinent information from school officials or local law enforcement regarding the death of his daughter while in the custody and care of the school district. Rightfully so, he is distraught and frustrated by their lack of communication and refusal to allow him access to any videos or investigative findings related to this matter. Mr. Van Dyke would like to thank the community for their support and prayers during these very difficult times and vows to fight for the answers his family and this community deserves,” said attorney David Aylor.

A press conference will be held Monday, April 1, 2019 at 11:00am at the front of Forest Hills Elementary School, at which time the attorneys will update the community on the results of their investigation and present Mr. Van Dyke for brief comments.

Press Conference Details:

  • Date: Monday, April 1, 2019
  • Time: 11:00am
  • Where: Forest Hills Elementary School, 663 Hiers Corner Road, Walterboro, SC 29488

03 Aug

Posted at 11:35h in News

August 3, 2017

FOR IMMEDIATE RELEASE

Media Contact: Tyler Jones – 252-675-7606
tyler@speakstrategic.com

THE PEPER LAW FIRM, PA FILES LAWSUIT AGAINST PI KAPPA PHI FRATERNITY ON BEHALF OF FORMER COLLEGE OF CHARLESTON STUDENT FOR ACTS THAT LED TO HIS SEVERE BEATING

Tyler Kim vs. Pi Kappa Phi Fraternity; Alpha Chapter of Pi Kappa Phi Fraternity; Pi Kappa Phi Properties; Richard M. Pierce, Individually and in his Official Capacity as Alpha Chapter Advisor; Brooke M. Kingsley Isbell, Individually and in her Official Capacity as Pi Kappa Phi Director of Prevention Education; Justin Angotti, Individually and in his Official Capacity as Pi Kappa Phi Fraternity Assistant Executive Director of Education & Accountability; Sean Daily; Matthew Louge; Nikos Lara; and Steve Leone.

Charleston, SC – The Peper Law Firm, PA filed a lawsuit this week on behalf of a former student at the College of Charleston who was severely beaten by brothers of Pi Kappa Phi Fraternity on April 16, 2017.

As alleged in the filed complaint, Pi Kappa Phi hosted an initiation party wherein it provided copious amounts of alcohol and illegal drugs to its members and guests. After forcefully kicking the student out of the party, members of the Pi Kappa Phi fraternity threatened to kill him, both orally and in writing, and dispatched four of its members to do so. They broke into the student’s house and physically beat him to a pulp, leaving him unconscious.

Following the lynching, the student was held captive to prevent him from filing a police report or seeking medical treatment.

Lead attorney Mark A. Peper filed the lawsuit and stated, “The results of our research in preparation for filing this lawsuit is shocking. We believe we will prove this organization has created an ‘anything goes’ custom and culture by encouraging excessive drug and alcohol use, hazing, acts of extreme violence, and a sole mission to protect the interests and image of Pi Kappa Phi at all costs.”

The complaint, which is available at www.peperlawfirm.com/blog, is filed in the Ninth Judicial Circuit in Charleston County, South Carolina and demands a jury trial against all Defendants.

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