. ?mum-ma.? .- -I .-. STATE OF SOUTH CAROLINA . IN THE COURT OF COMMON PLEAS COUNTY OF CHESTER Andrew H. Martin CIVIL ACTION Plainti??(s) 2015-CP -12Alex Underwood, as representative for the Of?ce of 211.3553 the Chester County Sheriff?s Department, 9" C13 iems-t et? .. Defendant(s) 13 at; Submitted By: Daniel D?Agostiuo SC Bar it: 65088 1' Address: 25 W. Liberty St. Telephone it: sos?szs-o? GA York, SC 29745 Fall it: 803-628-7990 *5 Other: E?mail: NOTE: The coversheet and information contained herein neither replaces nor supplements the ?ling and service of pleadings or other papers as required by law. This form is required for the use of the Clerk of Court for the purpose of dockettng. It must be ?lled out completely, signed. and dated. A copy of this coversheet must be served on the defendantts) along with the Summons and Complaint. DOCKETING INFORMATION (Check all the! apply) *UAcrton is Judgmenthe-rrternent do not complete IE JURY TRIAL demanded in complaint. TRIAL demanded in complaint. This case is subject to ARBITRATION pursuant to the Court Annexed Alternative Dispute Resolution Rules. This case is subject to MEDIATION pursuant to the Court Annexed Alternative DiSpute Resolution Rules. This case is exempt from ADR. (Proof of?ADRfExemption Attached) NATURE OF ACTION (Check One Box Below} Note: Frivolous civil proceedings may be subject to sanctions Contracts Constructions If 100) Debt Collection I 10} Employment (I20) Torts - Professional Malpractice Dental Malpractice {200} Legal Malpractice (are) Medical Malpractice {220) General (130) Pievious Notice of Intent Case it Breach of Contract (Mil) 2'0 I outer (199) Noticet? File Med Mal {230} Other (299} Inmate Petitions Administrative Lawr'Reliei' PCR (500) Reinstate Drv. 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(990] Employment Security Comm (991} Other (999} 7 ll [l3 Civil Proceedings Sanctions Act, 3.0. Code Ann. ?15-36-l? et. seq. SCCA 234 (1032014) pursuant to Rule 1 I, and the South Carolina Frivolous Page 1 of 2 messes-aver. .- - - . . FOR MANDATED ADR COUNTIES ONLY Aiken, Allendale, Anderson, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Cherokee, Clarendon, Colieton, Darlington, Dorchester, Florence, Georgetown, Greenville, Hampton, Horry, Jasper, Kershaw, Lee, Lexington, Marion, Oconee, Orangeburg, Pickens, Richland, Spartanburg, Sumter, Union, Williamsburg, and York SUPREME COURT RULES REQUIRE THE SUBMISSION OF ALL CIVIL CASES TO AN ALTERNATIVE DISPUTE RESOLUTION PROCESS, UNLESS OTHERWISE EXEMPT. You are required to take the following action(s): l. The parties shall select a neutral and ?le a ?ProofofADR? form on or by the 210'? day ofthe ?ling ofthis action. If the parties have not selected a neutral within 2 0 days, the Clerk of Court shall then appoint a primary and secondary mediator from the current roster on a rotating basis from among those mediators agreeing to accept cases in the county in which the action has been filed. 2. The initial ADR conference must be held within 300 days after the ?ling of the action. 3. Pre?suit medical malpractice mediations required by S.C. Code ?l5~79-l 25 shall be held not later than 120 days a?er all defendants are served with the ?Notice of Intent to File Suit? or as the court directs. (Medical malpractice mediation is mandatory statewide.) 4. Cases are exempt from ADR only upon the following grounds: a. Special proceeding, or actions seeking extraordinary relief such as mandamus, habeas corpus, or prohibition; b. Requests for temporary relief; c. Appeals d. Post Conviction relief matters; e. Contempt of Court proceedings; f. Forfeiture proceedings brought by governmental entities; g. Mortgage foreclosures; and h. Cases that have been previously subjected to an ADR conference, unless otherwise required by Rule 3 or by statute. 5. In cases not subject to ADR, the Chief Judge for Administrative Purposes, upon the motion of the court or of any party, may order a case to mediation. 6. Motion of a party to be exempt from payment of neutral fees due to indigency should be ?led with the Court within ten (10) days after the ADR conference has been concluded. Please Note: You must comply with the Supreme Court Rules regarding ADR. Failure to do so may affect your case or may result in sanctions. SCCA 234 (10,2014) Page 2 of2 . .. Ir?g'gl . . "aura-:uwrweu- - STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF CHESTER SIXTH JUDICML CIRCUIT Andrew H. Martin, CA No.: 2015_cv_12- #0 3 ?97 Plaintiffs, SUMMONS vs. (Int;r Trial Requested) '23 -. 1 Alex Underwood, as representative for the 7.7- Of?ce of the Chester County Sheriff?s nan-3n I 2 ,2 Department, w" r: :3 er Ed. Defendants. .0 CD a me. To: THE DEFENDANT, ALEX As REPRESENTATIVE THE OFFICE OF THE CHESTER COUNTY DEPARTMENT YOU ARE HEREBY SUMMONED AN REQUIRED TO ANSWER the Complaint in this action, a copy of which is herewith served upon you, and to serve a copy of your answer to the said Complaint on the subscriber at his of fices at 25 West liberty Street, York, South Carolina 297'45 within thirty (30) days after the service hereof, exclusive of the clay of such service; and if you fail to answer this Complaint within the time aforesaid, the Plaintiff in this action will to the Court for the relief demanded in the Complaint. LAW FIRM 96R DANIEL D?s 25 West Libertyr Street York, South Carolina 29745 Of?ce: 803?628?6509 ATTORNEY FOR PLAINTIFF York, South Carolina July 2015 Page 1 . .. . u. STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF CHESTER SIXTH JUDICIAL CIRCUIT Andrew H. Martin, 3? ca. No.: 2015431112? 6 0} Plaintiffs, COMPLAINT VS. (jury Trial Requested) Alex Underwood, as representative for the Of?ce of the Chester County Sheriffs 511:; De artment, L. Ti ?i'ca DefendantsThe Plaintiff, by and through his undersigned attorney, alleg? the-'33 uJ . .4 following against the Defendant: PREFACE This complaint alleges the state common law tort claim of false arrest and malicious prosecution pursuant to the South Carolina Tort Claims Act, against the Chester County Sheriff's Of?ce based on the acts and omissions of Deputy Darby in arresting and prosecuting Plaintiff without probable cause on the charges of Assault and Battery 3? Degree and Public Disorderly Conduct. PARTIES 1. The Plaintiff, Andrew H. Martin, is a resident of Chester County, South Carolina. 2. The defendant, Chester County Sheriff?s Of?ce, is an agency organized by Chester County, a political subdivision of South Carolina. It is the appropriate party defendant pursuant to S.C. Code Ann. 15-?8?70, which makes the employing agency stamtonly liable for the acts and omissions of its of?cers acting in the course and scope of their of?cial duties. 3. The Plaintiff brings his state law claims pursuant to the South Carolina Tort Claims Act, EC. Cede Ami. at tag. The incident that gives rise to this action occurred in York County. STATEMENT OF FACTS 4. In February of 2014, in addition to his regular job, Plaintiff Andrew H. Martin was a chief volunteer ?refighter for Chester County. 5. On Februarj,r 14, 2014 at 2:45 pm. Plaintiff was dispatched to a tractor trailer accident on SC Hwy 9 West at the intersection of Turnbuckle Road, also known as Dead Man?s Curve. 6. Plaintiff arrived on the scene along with the Chester County Sheriff and his deputies. 7. While on the scene, there was a disagreement between Plaintiff and the Sheriff and his deputies regarding the procedures of the traf?c control. The Sheriff and the deputies then struck Plaintiff, battered Plaintiff, and subsequently arrested the Plaintiff. 8. When Plaintiff got out on bond, he hired a criminal defense attorney, Daniel D?Agostino, to represent him. After an independent investigation by SLED, the charges were dismissed by the SC. Attorney General?s office. LEGAL THEORIES 51F RECOVERY For a First Cause of Action False Arrest against the Chester County Sheriff?s Of?ce pursuant to the SCTCA 9. The allegations set forth above are repeated as if included herein. 10. The Of?ce of the Chester County Sheriff?s Department is vicariously liable for the acts of its Sheriff and deputies acting within the course and scope of their employment. 11. The acts and omissions of the deputy in arresting plaintiff on the charges of Assault and Battery 3rd Degree and Public Disorderly Conduct were without probable cause or law?il authority constituting the tort of false arrest. 12. As a direct and proximate result Plaintiff incurred attorney fees, physical and emotional damage and is entitled to actual damages for the same. For a Second Cause of Action Malicioos Prosecution against the Chester County Sheriff?s Of?ce pursuant to the 13. The allegations set forth above are repeated as if included herein. 14. The Of?ce of the Chester Sheriff is vicariously liable for the acts of its deputies acting within the course and scope of their employment in prosecuting Plaintiff in court on the criminal charges of Assault and Battery 3rd Degree and Public Disorderly Conduct constitutes the tort of malicious prosecution, as the prosecution was not supported by evidence and was not for a valid purpose. 15. As a direct result, Plaintiff incurred attorney?s fees, mental and emotional anguish and is entitled to damages for the same. For a Third Cause of Action Assault and Battery 16. The allegations set forth above are repeated as if included herein. 17'. The Defendant and his deputies assaulted and battered Plaintiff, causing physical and emotional damage. Plaintiff alleges the following: av: 0-. i) There was the institution and continuation of original judicial proceedings by the arrest and prosecution on the criminal charges of Assault and Battery Degree; ii) by, or at the insistence of the Sheriff; the termination of the criminal proceedings in the Plaintiff?s favor for reasons consistent with innocence; iv) the prosecution was done with implied malice for want of probable cause; v) there was not probable cause for the arrest; and 18. Plaintiff suffered physical, emotional and ?nancial damage for which he is entitled to actual damages. For a Fourth Cause of Action 19. The allegations set forth above are repeated as if included herein. 20. The Defendants, Sheriff and his deputies, wrongfully.r obtained and procured an arrest warrant for the Plaintiff?s arrest. 21. The Defendants served the warrants late in the evening so as to cause the Plaintiff to not only be incarcerated but to be incarcerated overnight. 22. The Defendants lacked a sufficient factual basis to obtain warrants and the incarceration of the Plaintiff was done without suf?cient probable cause or a legal basis and Plaintiff should never have been incarcerated. 23. Plaintiff is entitled to actual damages for all his pain and suffering and emotional distress associated with the false imprisonment. PRAYER FOR RELIEF Wherefore, having fully set forth the grounds of his complaint, Plaintiff asks this court to award compensatory damages in an appropriate amount, costs of this action and for such other relief as this court deems just and proper. Respect?l?y SUbInitt?d. JUJF L, 2015 York, SC 29745 Qk?k Daniel D?Agm?m D?Agostino Law Firm 25 W. Liberty St. York, SC 29745 803-628-6509 803-628-7990 facsimile I3 ?iiF34: