ELECTRONICALLY FILED - 2021 Jan 15 12:14 PM - KERSHAW - COMMON PLEAS - CASE#2021CP2800030

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

COUNTY OF KERSHAW OF THE FIFTH JUDICIAL CIRCUIT

Tony Sims, Case No.:

Plaintiff, SUMMONS
v.

Kershaw County Sheriff’s Office, Sheriff Lee

Boan, and Johnathan Goldsmith

Defendants.

TO: DEFENDANTS ABOVE-NAMED

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

a copy of which is herewith served upon you, and to serve a copy of your Answer to the said

Complaint on the subscribers at their office, 507 Walnut Street, Camden, South Carolina 29020,

within thirty (30) days after the 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.

Respectfully Submitted,

PERRY LAW FIRM

s/ Brett Perry
Brett A. Perry
P.O. Box 1
Camden S.C. 29021
803-572-5885
[email protected]

THE CAMDEN LAW FIRM, PA

s/Robert J. Butcher
Robert J. Butcher, 74722
Deborah J. Butcher, 74029
507 Walnut Street
Camden, South Carolina 29020
P.O. Box 610
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Camden, South Carolina 29020
Telephone: (803) 432-7599
Facsimile: (803) 432-7499
Email: [email protected]
Email: [email protected]

Attorneys for the Plaintiff

Camden, South Carolina
January 15, 2021
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STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

COUNTY OF KERSHAW OF THE FIFTH JUDICIAL CIRCUIT

Tony Sims, Case No.:

Plaintiff, COMPLAINT

v.

Kershaw County Sheriff’s Office, Sheriff Lee

Boan and Johnathan Goldsmith,

Defendants.

Plaintiff, complaining of the Defendants above-named, states the following:

PREFACE

This action is brought pursuant to 42 U.S.C. § 1983 for violations of Plaintiff’s

constitutional right be free from unreasonable searches and seizures under the Fourth, Fifth, and

Fourteenth Amendments of the United States Constitution. Plaintiff alleges law enforcement

officers Sherriff Lee Boan and Deputy Johnathan Goldsmith, with the Kershaw County Sheriff’s

Office, as part of a plan, scheme, and practice, harassed citizens by fabricating fraudulent

grounds to arrest innocent citizens who are without substantial financial means to assert their

legal and constitutional rights. Plaintiff alleges Deputy Johnathan Goldsmith, with the Kershaw

County Sheriff’s Office, without provocation, assaulted and physically abused Plaintiff. Deputy

Johnathan Goldsmith, then created false charges and arrested Plaintiff. Sheriff Lee Boan, had

knowledge of prior incidents of Deputy Johnathan Goldsmiths use of excessive force, knew or

should have known that Deputy Johnathan Goldsmith was a threat to the community, yet acted in

disregard of this knowledge and without slight care of the same. Sheriff Lee Boan and Deputy

Johnathan Goldsmith are being sued in their individual capacity.

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Plaintiff brings state law claims for negligence/gross negligence, false imprisonment,

negligent hiring, negligent training, negligent supervision, negligent retention, negligence

(general), gross negligence, assault, and battery, against Deputy Johnathan Goldsmith and the

Kershaw County Sheriff’s Office who violated Plaintiff’s civil rights.

JURISDICTION AND PARTIES

1. Plaintiff, Tony Sims, is a citizen and resident of the County of Kershaw, State of

South Carolina.

2. Kershaw County Sherriff Office is a political subdivision of the State of South

Carolina and is being sued under the South Carolina Tort Claims Act [SCTCA].

3. Upon information and belief, Deputy Sheriff Lee Boan is a citizen and resident of

Kershaw County, State of South Carolina. At all times alleged in the Complaint Sheriff Lee Boan

was the elected sheriff of Kershaw County and at all relevant times was acting in the course and

scope of his official duties and under color of State law. Sheriff Lee Boan is being sued in his

individual capacity for compensatory and punitive damages under Federal law pursuant to 42

U.S.C. § 1983.

4. Upon information and belief, Johnathan Goldsmith is a citizen and resident of

Richland County, State of South Carolina. At all times alleged in the Complaint Johnathan

Goldsmith was an agent or employee of the Kershaw County Sheriff Office and at all relevant times

was acting in the course and scope of his official duties and under color of State law. Johnathan

Goldsmith is being sued in his individual capacity for compensatory and punitive damages under

Federal law pursuant to 42 U.S.C. § 1983.

5. This suit is brought in Kershaw County, South Carolina where Plaintiff resides and

where the tortuous acts committed by Defendants occurred. Additionally, upon information and
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belief, almost all the parties to this action and witnesses are residents of Kershaw County, South

Carolina, pursuant to 28 U.S.C. §1391 and Local Rule 3.01.

6. The things and matters alleged herein are within the jurisdiction of this Court.

7. Venue is proper as the Defendants are located here in Kershaw County.

FACTUAL ALLEGATIONS

8. On October 15, 2020 Plaintiff was located in the parking lot of Abney Baptist

Church at 5180 Bethune Road in Kershaw County, South Carolina. He had met with a friend in

the Church parking lot to commiserate over the recent passing of his sister, had consumed a

couple of beers while there and was calling a friend to pick him up and take him home, when

Deputy Johnathan Goldsmith drove into the parking lot, made contact with and began

questioning Plaintiff. The following interactions between Plaintiff and Deputy Johnathan

Goldsmith were recorded on the Deputy’s body camera.

9. Plaintiff was not driving his car, his car ignition was not turned on, and Plaintiff

was sitting alone inside of his vehicle when Deputy Johnathan Goldsmith approached him.

10. As Deputy Johnathan Goldsmith approached Plaintiff’s car, Plaintiff exited his

vehicle to speak with Deputy Johnathan Goldsmith.

11. Deputy Johnathan Goldsmith introduced himself and asked Plaintiff what

happened to his car.

12. Plaintiff responded that he had a flat tire and that his car had been damaged when

he struck a fence on his property.

13. Deputy Johnathan Goldsmith asked Plaintiff if he had been drinking.

14. Plaintiff responded “no” and then stated that he had consumed a couple of beers.

15. At all times during this exchange Plaintiff was respectful and cooperative.
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16. Plaintiff additionally informed Deputy Johnathan Goldsmith that he was

attempting to contact someone to come get him. Plaintiff was actually in the process of placing a

call.

17. Deputy Johnathan Goldsmith then patted Plaintiff down and, upon information

and belief, found nothing illegal on his person or any weapons.

18. Without probable cause to arrest Plaintiff, Deputy Johnathan Goldsmith told

Plaintiff to place his hands behind his back and stated to Plaintiff that he was not under arrest.

19. Plaintiff responded, “no, please, sir, don’t do that”.

20. Deputy Johnathan Goldsmith continued to inform Plaintiff that he was not under

arrest but was just being detained.

21. Deputy Johnathan Goldsmith placed handcuffs on Plaintiff’s left wrist and

reached for Plaintiff’s right wrist. Plaintiff halfway turned, around said “no, what did I do

wrong?”.

22. Deputy Johnathan Goldsmith did not give him an answer but instead, he knocked

Plaintiff to the ground and beat him until he was unconscious.

23. Deputy Johnathan Goldsmith then placed Plaintiff’s right hand in handcuffs.

24. Deputy Johnathan Goldsmith then called in to dispatch, falsely claimed that

Plaintiff had tried to fight him and bragged about knocking Plaintiff out. Deputy Johnathan

Goldsmith said, “he’s taking a little nap, now.”

25. Once Plaintiff regained consciousness, Deputy Johnathan Goldsmith forced

Plaintiff to stand and placed him in the patrol car.

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26. Plaintiff continued to ask Deputy Johnathan Goldsmith what he did wrong, to

which Deputy Johnathan Goldsmith falsely responded that he was driving drunk and fighting

him.

27. Once Plaintiff was in the patrol car, he still had his legs out of the patrol car and

continued to ask Deputy Johnathan Goldsmith what he did wrong.

28. When Plaintiff did not comply with Deputy Johnathan Goldsmith’s demands to

place his legs and feet inside the patrol car Deputy Johnathan Goldsmith cussed at Plaintiff and

discharged his TASER on Drive Stun upon Plaintiff’s neck and shoulder area.

29. As Plaintiff screamed in agony and fell out of the patrol car to the ground, Deputy

Johnathan Goldsmith continued to activate his TASER on Plaintiff.

30. With Plaintiff still screaming in agony, Deputy Johnathan Goldsmith again tried

to force Plaintiff into the car and falsely made claims that Plaintiff was fighting him.

31. Plaintiff continued to ask Deputy Johnathan Goldsmith what he did wrong to

which Deputy Johnathan Goldsmith did not reply.

32. Deputy Johnathan Goldsmith then placed his hands over Plaintiff’s mouth and

nose, so as to deprive him of oxygen and suffocate the Plaintiff.

33. After asking the Plaintiff repeatedly, “are you done”, Goldsmith finally removed

his hands from over the Plaintiff’s mouth and nose area and Plaintiff continued to ask Deputy

Goldsmith what he did wrong.

34. Rather than respond to Plaintiff’s perfectly reasonable questions regarding the

legal basis for his arrest, Deputy Goldsmith continued his efforts to force Plaintiff into the back

of his patrol vehicle by repeatedly and forcefully slamming the vehicle door on Plaintiff’s sock

covered feet causing Plaintiff such great pain that he screamed in agony.
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35. Rather than respond to Plaintiff’s questions regarding the legal basis for his

arrests and his complaints of this torturous conduct, Deputy Goldsmith furthered his assault on

Plaintiff by spraying him with pepper spray, and continued to close the patrol car door on

Plaintiff’s leg and/or foot as he screamed in agony.

36. Prior to, and during, this attack Plaintiff presented no threat of harm to Deputy

Johnathan Goldsmith, did not strike out at Deputy Johnathan Goldsmith Plaintiff, and was

respectful at all times.

37. During the attack Plaintiff begged Deputy Johnathan Goldsmith to please stop

attacking him, asked to know why he was being attacked, and stated he did nothing wrong.

38. At all times Plaintiff was acting in a lawful manner.

39. When another officer arrived on the scene, Deputy Johnathan Goldsmith made the

false claim that he did not know if there was another person in Plaintiff’s car even though he had

already looked into the car and observed that there were no other passengers.

40. Deputy Johnathan Goldsmith also made a claim to the other officer who arrived

on the scene that there was an unsecure firearm on Plaintiff’s front passenger seat even though

Deputy Johnathan Goldsmith had already observed that there was only a holster and Plaintiff had

already informed Deputy Johnathan Goldsmith that the gun was in the trunk.

41. Deputy Johnathan Goldsmith attacked Plaintiff, injured Plaintiff, arrested

Plaintiff, and incarcerated Plaintiff even though Plaintiff had presented no illegal activity for

which Deputy Johnathan Goldsmith could legally arrest Plaintiff.

42. Upon information and belief Deputy Johnathan Goldsmith signed warrants on

Plaintiff for charges to include Resisting Arrest, Public Disorderly Conduct, and Unlawful

Possession of an Open Container or Beer or Wine in a Motor Vehicle.

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43. Upon information and belief Deputy Johnathan Goldsmith placed these false

charges upon Plaintiff in an effort to justify his own illegal, aggressive, cruel and abusive

actions.

44. Deputy Johnathan Goldsmith knew or should have known that he had no probable

cause for which to arrest Plaintiff.

45. These claims of Plaintiff’s illegal activity by Deputy Johnathan Goldsmith only

served as a pretext to attack and torture Plaintiff in a sadistic manner.

46. Before being elected Kershaw County Sheriff, Sheriff Lee Boan was Captain at

the Camden Police Department, where Goldsmith worked as a patrol officer.

47. Upon information and belief, while Sheriff Lee Boan was serving as Captain and

essentially second in command at the Camden Police Department, Goldsmith engaged in

numerous serious incidents of excessive and inappropriate uses of force, such that the Camden

Police Department required Goldsmith to undertake additional remedial training, to address these

problematic and illegal behaviors. But rather than attend the training to address his excessive use

of force, Goldsmith chose to quit the police department and seek employment with another law

enforcement agency.

48. When Sheriff Lee Boan was elected Sheriff for Kershaw County, Deputy

Johnathan Goldsmith was employed by the Kershaw County Sheriff’s Office. After taking office,

despite the fact that he had actual knowledge of Goldsmith’s history of excessive use of force,

Sheriff Lee Boan retained Goldsmith and allowed him to continue working with the public for

the Kershaw County Sheriff’s Office, without doing anything to address his know proclivity to

use excessive force. Furthermore, Sheriff Lee Boan, fully aware of Goldsmith’s penchant for the

use of excessive force, did nothing to insure that Goldsmith would not present a threat of harm to
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the people of Kershaw County while working as a Deputy for the Kershaw County Sheriff’s

Office.

49. Deputy Johnathan Goldsmith acted in violation of generally accepted law

enforcement practices and standards.

50. Sheriff Lee Boan acted in violation of generally accepted law enforcement

practices and standards.

51. Deputy Johnathan Goldsmith’s conduct was plainly incompetent, cruel, and

vicious and he knowingly violated clearly established laws by arresting and/or detention without

articulable suspicion, arrest without probable cause, unreasonable search and seizure, and

attacking Plaintiff.

52. Because of Deputy Johnathan Goldsmith’s actions, Plaintiff was confined against

his will overnight, suffered physical injury, suffered mental injury, incurred medical expenses,

and will incur additional medical expenses in the future.

53. Plaintiff did no more than exercise his constitutional rights in a lawful manner

when he questioned the actions of Deputy Johnathan Goldsmith.

54. Deputy Johnathan Goldsmith violated Plaintiff’s constitutional rights for no other

reason than his supercilious, officious, and intrusive attitude, wanting to throw his weight and

apparent authority around as an excuse to brutally assault Plaintiff without any legal authority to

do so.

FOR A FIRST CAUSE OF ACTION

42 USC 1983, 4th, 5th, and 14th Amendment violations

55. Plaintiff incorporates by reference all previous paragraphs above as if repeated

herein.
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56. The acts and omissions of Defendants by physically harming and beating,

torturing, detaining and arresting Plaintiff, or allowing the same, without articulable suspicion,

probable cause, legal authority to do so and without legal justification, no reasonable basis or

probable cause to believe a crime had been committed violated the Plaintiff’s Fourth and

Fourteenth Amendment Rights.

57. Further, Sherriff Lee Boan is liable for the actions of Deputy Johnathan

Goldsmith, as he was aware that Deputy Johnathan Goldsmith had a history of physically

attacking, threatening, and falsely arresting other citizens in the community in Camden and in

Kershaw County. Sherriff Lee Boan had the opportunity to prevent further unconstitutional acts

of Deputy Johnathan Goldsmith, yet he chose not to do so, endangering the public and Plaintiff.

58. By the actions and omissions described above, Sherriff Lee Boan and Deputy

Johnathan Goldsmith, in their individual capacity and acting under the color of law, deprived

Plaintiff of the clearly established and well settled constitutional rights protected by the Fourth,

Fifth, and Fourteenth Amendments to the United States Constitution:

a. The right to be free from unreasonable searches and seizures as secured by

the Fourth and Fourteenth Amendments;

b. The right to be free from excessive and/or unreasonable force in the

course of a seizure as secured by the Fourth and Fourteenth Amendments;

c. The right to be free from the use of unlawful force as secured by the

Fourth and Fourteenth Amendments;

d. The right to be free from reckless, deliberately indifferent, and conscience

shocking searches and seizures and/or excessive force as secured by the

Fourteenth Amendment;
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e. The right to be free from injury, detention or arrest without substantive

and procedural due process and from state created/enhanced danger as

secured by the Fifth and Fourteenth Amendment.

f. And other such particulars as may be learned through discovery.

59. As a direct and proximate result of the above-described actions of Defendants

Sheriff Lee Boan and Deputy Johnathan Goldsmith, while acting at all times under the color of

law, Plaintiff suffered physical harm, emotional harm, alteration of his lifestyle, humiliation,

apprehension, anxiety, stress, depression, embarrassment, shame, fear, and a loss of enjoyment

of life. Plaintiff has suffered expenses and will continue to have expenses in the future.

Defendants are sued in their individual capacities.

60. Plaintiff asks the Court to award damages, punitive damages, and attorney’s fees

and costs.

FOR A SECOND CAUSE OF ACTION

Negligence and Gross Negligence State Tort Claims Act

61. Plaintiff incorporates by reference all previous paragraphs above as if repeated

herein.

62. Defendant Kershaw County Sheriff’s Office, its employees, agents, and

contractors departed from the duties of care required by law enforcement officers and the

agencies that hire train and employ these officers and were thereby negligent careless, grossly

negligent, and reckless and acted in violation of the duties owed to Plaintiff in that they

committed one or more of the following acts or omissions, any and all of which were a departure

from the prevailing duties of care:

a. Failing to ensure the safety, security, freedom, and well-being of Plaintiff;

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b. Failing to appreciate the conditions that existed on the day in question

through their employees and/or agents;

c. Failing to adhere to proper law enforcement procedure through their

employees and/or agents including, but not limited to, failing to ensure

there was sufficient cause to detain and/or arrest citizens, namely Plaintiff;

d. Failing to intervene and prevent other officers, employees, and/or agents

from unlawfully detaining, assaulting, and/or arresting Plaintiff

unlawfully;

e. Failing to properly hire, train, and supervise their officers and/or agents;

f. Failing to release from employment officers that would place the public at

risk;

g. Failing to have in place proper and adequate policies, procedures, and

protocols for law enforcement to perform investigations, searches, and

seizers pursuant to the law and proper police procedure, training of

officers, or if such policies procedures, and protocols were in place, in

failing to use due care or even slight care to enforce them;

h. Failing to ensure the accuracy and validity of any charge which

Defendants and/or it’s employees, agents, and contractors decide to arrest

and take away the liberties of a citizen, namely, Plaintiff;

i. Falsely and wrongfully imprisoning citizens who have not committed

criminal acts.

63. As a direct and proximate result of the negligence, gross negligence, reckless

disregard for the truth, and departure from the standards of care owed by Defendant Kershaw
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Sheriff Office, its employees, agents, and contractors, Plaintiff suffered physical harm, emotional

harm, alteration of his lifestyle, humiliation, apprehension, anxiety, stress, depression,

embarrassment, shame, fear, and a loss of enjoyment of life. for which Plaintiff is entitled to

recover in an amount to be determined by a jury at the trial in this action.

64. Plaintiff asks the Court to award damages and costs.

FOR A THIRD CAUSE OF ACTION

MALICIOUS AND INTENTIONAL TORTS

65. Plaintiff incorporates by reference all previous paragraphs above as if repeated

herein.

66. Defendant Deputy Johnathan Goldsmith assaulted and battered Plaintiff.

a. Defendant Deputy Johnathan Goldsmith’s conduct placed Plaintiff in

reasonable fear of bodily harm.

b. Defendant Deputy Johnathan Goldsmith unlawfully touched and struck

Plaintiff.

67. Defendant Deputy Johnathan Goldsmith abused process in covering up his use of

excessive force against Plaintiff.

a. Defendant Deputy Johnathan Goldsmith initiated criminal process for the

ulterior purpose of covering up his use of excessive force against Plaintiff

and such process was not proper in the regular conduct of the proceeding.

68. Defendant Deputy Johnathan Goldsmith falsely imprisoned Plaintiff.

a. Defendant Deputy Johnathan Goldsmith restrained Plaintiff, the restraint

was intentional, and the restraint was unlawful.

69. Defendants Deputy Johnathan Goldsmith and Sheriff Lee Boan maliciously

maintained criminal charges against the Plaintiff in order to limit their liability to Plaintiff.
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70. As a direct and proximate result of the intentional and malicious acts by

Defendants Deputy Johnathan Goldsmith and Sheriff Lee Boan, Plaintiff suffered physical harm,

emotional harm, alteration of his lifestyle, humiliation, apprehension, anxiety, stress, depression,

embarrassment, shame, fear, and a loss of enjoyment of life. for which Plaintiff is entitled to

recover in an amount to be determined by a jury at the trial in this action and punitive damages.

71. Plaintiff seeks damages and punitive damages.

WHEREFORE, Plaintiff respectfully prays for the following relief:

A. For judgment against Defendants for actual, compensatory and punitive damages,

and future damages to be determined by the Court and a jury;

B. For attorney’s fees and costs where applicable;

C. For the costs and disbursements in the pursuit of this action; and

D. For such other and further relief as this Court may deem just and proper.

Respectfully Submitted,

PERRY LAW FIRM

s/ Brett Perry
Brett A. Perry
P.O. Box 1
Camden S.C. 29021
803-572-5885
[email protected]

THE CAMDEN LAW FIRM, PA

s/Robert J. Butcher
Robert J. Butcher, 74722
Deborah J. Butcher, 74029
507 Walnut Street
Camden, South Carolina 29020
P.O. Box 610
Camden, South Carolina 29020
Telephone: (803) 432-7599
 ELECTRONICALLY FILED - 2021 Jan 15 12:14 PM - KERSHAW - COMMON PLEAS - CASE#2021CP2800030
Facsimile: (803) 432-7499
Email: [email protected]
Email: [email protected]

Attorneys for the Plaintiff

Camden, South Carolina
January 15, 2021