ELECTRONICALLY FILED - 2019 Feb 22 5:10 PM - HORRY - COMMON PLEAS - CASE#2019CP2601065

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) FOR THE FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY ) CASE NO.: 2019-CP-
)
KA’BRIAN HICKMAN, )
)
Plaintiff, )
)
v. )
) SUMMONS
CONWAY HIGH SCHOOL; DAVID ) (Jury Trial Demanded)
CHARLES JORDAN; HORRY COUNTY )
SCHOOLS; HORRY COUNTY SCHOOL )
DISTRICT; & SCHOOL DISTRICT OF )
HORRY COUNTY )
)
Defendants. )

TO: DEFENDANTS ABOVE-NAMED:

YOU ARE HEREBY SUMMONED AND 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 thereto on

the subscribers at their office located at 321 East Bay Street, Post Office Box 22437, Charleston,

South Carolina 29413, within thirty (30) days of the service hereof, 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 move for entry of Default Judgment and apply to the Court for the relief sought therein.

[Signatures on following page]

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PIERCE, SLOAN, WILSON,
KENNEDY & EARLY, LLC
321 East Bay Street
Post Office Box 22437
Charleston, SC 29401
(843) 722-7733

s/ Carl E. Pierce, II _
Carl E. Pierce, II (S.C. Bar No. 7946)
Carson R. Parker (S.C. Bar No. 103322)
Attorneys for Plaintiff

LAW OFFICES OF RONNIE A. SABB

Ronnie A. Sabb (S.C. Bar No. 9814)
Post Office Box 88
Kingstree, SC 29556-0088
(843) 355-5349
Attorneys for Plaintiff

February 22, 2019

Charleston, South Carolina

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 ELECTRONICALLY FILED - 2019 Feb 22 5:10 PM - HORRY - COMMON PLEAS - CASE#2019CP2601065
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FOR THE FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY ) CASE NO.: 2019-CP-
)
KA’BRIAN HICKMAN, )
)
Plaintiff, )
)
v. )
) COMPLAINT
CONWAY HIGH SCHOOL; DAVID ) (Jury Trial Demanded)
CHARLES JORDAN; HORRY COUNTY )
SCHOOLS; HORRY COUNTY SCHOOL )
DISTRICT; & SCHOOL DISTRICT OF )
HORRY COUNTY )
)
Defendants. )

Plaintiff, Ka’Brian Hickman, by and through the undersigned attorneys, complains of the

above-named Defendants and comes now alleging and showing unto the Court the following:

PARTIES AND JURISDICTION

1. At all times relevant hereto, Plaintiff was a citizen and resident of Horry County, South

Carolina.

2. Upon information and belief, at all times relevant hereto, Defendant David Charles Jordan

(“Jordan”) was a citizen and resident of Horry County, State of South Carolina.

3. Defendant Conway High School is a public high school owned and operated by the State

of South Carolina. Conway High School is located in Conway, South Carolina. Conway High

School is a governmental agency within the meaning of the South Carolina Tort Claims Act, and

it is organized and existing under the laws of the State of South Carolina

4. Defendant Horry County Schools is a public school system owned and operated by the

State of South Carolina. Horry County Schools operates and controls Conway High School in

Conway, South Carolina. Horry County Schools is a governmental agency within the meaning of
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the South Carolina Tort Claims Act, and it is organized and existing under the laws of the State of

South Carolina.

5. Defendant Horry County School District is a public school system owned and operated by

the State of South Carolina. Horry County School District operates and controls Conway High

School in Conway, South Carolina. Horry County School District is a governmental agency within

the meaning of the South Carolina Tort Claims Act, and it is organized and existing under the laws

of the State of South Carolina.

6. Defendant School District of Horry County is a public school system owned and operated

by the State of South Carolina. School District of Horry County operates and controls Conway

High School in Conway, South Carolina. School District of Horry County is a governmental

agency within the meaning of the South Carolina Tort Claims Act, and it is organized and existing

under the laws of the State of South Carolina.

7. Defendants Conway High School, Horry County Schools, Horry County School District,

and School District of Horry County are hereinafter collectively referred to as “HCSD.”

8. Upon information and belief, at all times relevant hereto, Jordan was an employee, agent,

and/or legal representative of HCSD, and his acts and omissions complained of herein occurred in

the course and scope of his employment with HCSD.

9. This Court has subject matter jurisdiction over the claims and causes of action herein under

Article V § 11 of the South Carolina Constitution, S.C. Code Ann. § 14-5-350, and S.C. Code Ann.

§ 15-78-100. This Court has personal jurisdiction over the Defendants in this matter.

10. Venue is proper in Horry County under S.C. Code Ann. § 15-78-100 and S.C. Code Ann.

§ 15-7-10 et seq. because the acts and omissions complained of herein occurred in Horry County.

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FACTUAL ALLEGATIONS

11. The allegations of the preceding paragraphs are hereby incorporated and alleged as if fully

set forth herein.

12. HCSD operates and controls Conway High School in Conway, South Carolina.

13. Upon information and belief, and at all times relevant hereto, HCSD employed Jordan at

Conway High School as an administrative assistant and football coach and placed Jordan in a

position of authority and control over students during his employment at the school.

14. At all times relevant hereto, Plaintiff was a student at Conway High School and was a

minor under the age of eighteen (18).

15. At all times relevant hereto, Plaintiff was in the custody, control, and supervision of HCSB

and its agents, employees, and representatives.

16. At all times relevant hereto, Plaintiff suffered from certain learning disabilities and

behavioral disorders.

17. Defendants HCSD and Jordan were aware of Plaintiff’s learning disabilities and behavioral

disorders on and prior to May 26, 2017.

18. Upon information and belief, and at all times relevant hereto, there existed insufficient

written policy and/or guidelines governing the conduct of employees, faculty, or staff of Conway

High School in appropriately dealing with, interacting with, and disciplining students.

19. Upon information and belief, and at all times relevant hereto, there existed insufficient

written policy and/or guidelines governing the conduct of employees, faculty, or staff of Conway

High School in appropriately dealing with, interacting with, and disciplining students with learning

disabilities and/or behavioral disorders.

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20. On or about May 26, 2017, Jordan left his office without his administrator’s radio and

attempted to confront Plaintiff regarding reported conduct.

21. Jordan followed Plaintiff throughout the Conway High School premises as Plaintiff

attempted to walk away from Jordan.

22. Despite walking directly by his office while following Plaintiff, Jordan failed to seek

assistance from or otherwise involve the on-duty school resource officer.

23. Upon information and belief, Plaintiff was neither threatening other students nor being

violent in any way as he continued walking away from Jordan.

24. On or about May 26, 2017, upon information and belief, Michael McCants (“McCants”),

another HCSD employee, confronted and restrained Plaintiff.

25. While Plaintiff was restrained by McCants, Jordan unreasonably, unnecessarily, and

excessively attacked Plaintiff by forcefully placing his hand around his neck/throat area. See

Superintendent Rick Maxey’s correspondence to Jordan dated August 28, 2017 and attached hereto

as Exhibit A.

26. During the incident described immediately above, Plaintiff’s head forcefully contacted

metal lockers located in the Conway High School hallway, causing him to suffer significant

injuries.

27. Upon information and belief, Jordan was arrested by the City of Conway Police

Department on June 8, 2017 and charged with Assault and Battery 3rd Degree.

28. At all times relevant hereto, Jordan and McCants were acting in the course and scope of

their employment with HCSD.

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29. The insufficiency or lack of official policies, or the insufficient enforcement of policies,

governing the conduct of employees, faculty, or staff of HCSD towards its students created a

hostile environment for the students, including Plaintiff, putting them in constant danger.

FOR A FIRST CAUSE OF ACTION

Negligence/Gross Negligence as to Defendant Jordan

30. The allegations of the preceding paragraphs are hereby incorporated and alleged as if fully

set forth herein.

31. Jordan owed Plaintiff a duty of care which a reasonable person would have used under

the circumstance then and there prevailing.

32. Jordan acted in a willful and wanton fashion with gross negligence and recklessness and

breached this duty to Plaintiff by failing to exercise a slight degree of care in the following

particulars:

i. By leaving his office without his administrator’s radio;

ii. By failing to seek assistance from the on-duty school resource officer or any other
HCSD agent, employee, or representative;

iii. By following Plaintiff throughout the school premises;

iv. By using unreasonable, unnecessary, and excessive force against Plaintiff while
Plaintiff was restrained;

v. By using unreasonable, unnecessary, and excessive force against a student suffering

from a learning disability and behavioral disorder;

vi. By failing to observe or adhere to HCSD policies in place at Conway High School
governing staff conduct, employee-student physical altercations, student welfare,
and safety;

vii. By failing to act in a manner consistent with promoting a safe and harassment-free
environment for HCSD students, including Plaintiff; and

viii. By any other particulars as may be revealed in discovery or shown at trial.

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33. As a direct and proximate result of Jordan’s willful, wanton, grossly negligent, and

reckless actions and omissions, Plaintiff has suffered physical, mental, and emotional injuries and

is entitled to actual and punitive damages in an amount to be determined by the trier of fact.

FOR A SECOND CAUSE OF ACTION

Gross Negligence as to Defendant HCSD
(South Carolina Tort Claims Act, S.C. Code Ann. § 15-78-10, et seq.)

34. The allegations of the preceding paragraphs are hereby incorporated and alleged as if fully

set forth herein

35. At all times set forth herein, HCSD owed Plaintiff, an HCSD student in its custody and

control, a responsibility and duty to supervise, protect, and monitor activity on the premises at

Conway High School so as to provide Plaintiff with a safe and harassment-free environment to

receive an education.

36. At all times set forth herein, HCSD owed Plaintiff a duty of care and responsibility to hire,

train, supervise, and retain Conway High School employees who conduct themselves in a

professional manner consistent with South Carolina laws and regulations and HCSD policies.

37. HCSD acted in a willful and wanton fashion with gross negligence and recklessness and

breached these duties to Plaintiff by failing to exercise a slight degree of care in the following

particulars:

i. By failing to exercise or practice proper supervision, protection, or control over

Plaintiff while on the premises at Conway High School;

ii. By failing to implement or otherwise observe and/or enforce sufficient HCSD

policies at Conway High School governing staff conduct, employee-student
physical altercations, student welfare and safety;

iii. By failing to properly supervise Jordan while he was employed as an administrative

assistant and football coach on Conway High School premises;

iv. By failing to control, restrict, limit, or in any way affect Plaintiff’s interaction with
Jordan on the Conway High School premises;

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v. By failing to control, restrict, limit, or in any way affect Jordan’s interaction with
Plaintiff on the Conway High School premises;

vi. By failing to implement or otherwise observe and/or enforce sufficient HCSD

policies in effect at Conway High School governing employee interaction with
and/or supervision of students suffering from learning disabilities and other
behavioral disorders;

vii. By failing to properly train Jordan regarding proper policies and procedures relating
to interacting with and/or disciplining students; and

viii. By failing to properly train Jordan regarding proper policies and procedures relating
to students suffering from learning disabilities and other behavioral disorders;

ix. By hiring Jordan after it knew or should have known of Jordan’s aggressive
tendencies;

x. By failing to properly train and supervise Jordan while he was employed as an

administrative assistant and football coach on Conway High School premises;

xi. By failing to adequately or competently train HCSD administrators and/or staff

regarding internal controls for staff misconduct, student welfare, and/or the
prevention of employee harassment and employee-student physical altercations;

xii. By failing to implement measures to increase the mature, competent, and capable
control and supervision over HCSD employees who are placed in positions
requiring student supervision and discipline;

xiii. By allowing Jordan to use unnecessary and excessive force against Plaintiff when
he was already restrained by another HCSD employee; and

xiv. By any other particulars as may be revealed in discovery or shown at trial.

38. Decisions made by HCSD administration and staff to hire and retain Jordan as an

administrative assistant and football coach at Conway High School and HCSD’s failure to create,

observe, and train its employees regarding appropriate policies and procedures governing staff

conduct and misconduct were decisions made and actions taken in the scope of their official duties.

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39. HCSD administration and staff acted in a reckless and grossly negligent manner in failing

to perform school duties that were, and are, incumbent upon them to perform concerning staff

conduct, employee-student interaction, student welfare, and safety.

40. HCSD knew or should have known that its grossly negligent hiring, training, supervision,

and retention of Jordan created a reasonably foreseeable risk of injury to Plaintiff.

41. Jordan’s attack of Plaintiff was a reasonably foreseeable and predictable result of HCSD’s

failure to exercise slight care in performing its duties to provide Plaintiff with a safe environment

to receive a high school education.

42. As a direct and proximate result of HCSD’s reckless and grossly negligent acts and

omissions, Plaintiff was attacked by Jordan.

43. As a further result of the acts, omissions, and occurrences of gross negligence by HCSD,

Plaintiff has suffered physical, mental, and emotional injuries and is entitled to actual and punitive

damages from HCSD in an amount to be determined by the trier of fact.

WHEREFORE, Plaintiff respectfully requests the following:

i. Trial by jury;

ii. Judgment against Defendants for actual and compensatory damages in an amount
to be determined by the Jury;

iii. Costs and reasonable attorneys’ fees; and

iv. For such other relief as this fair and honorable Court may deem just and proper.

[Signature on following page]

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 ELECTRONICALLY FILED - 2019 Feb 22 5:10 PM - HORRY - COMMON PLEAS - CASE#2019CP2601065
PIERCE, SLOAN, WILSON,
KENNEDY & EARLY, LLC
321 East Bay Street
Post Office Box 22437
Charleston, SC 29401
(843) 722-7733

s/ Carl E. Pierce, II _
Carl E. Pierce, II (S.C. Bar No. 7946)
Carson R. Parker (S.C. Bar No. 103322)
Attorneys for Plaintiff

LAW OFFICES OF RONNIE A. SABB

Ronnie A. Sabb (S.C. Bar No. 9814)
Post Office Box 88
Kingstree, SC 29556-0088
(843) 355-5349
Attorneys for Plaintiff

February 22, 2019

Charleston, South Carolina