ELECTRONICALLY FILED - 2021 Jan 19 1:56 PM - HORRY - COMMON PLEAS - CASE#2021CP2600260

IN THE STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

COUNTY OF HORRY ) FOR THE 15TH JUDICIAL CIRCUIT
CASE NO: 2021-CP-26-_________
SIMON DERER,

Plaintiff,
v. COMPLAINT
(Jury Trial Demanded)
CITY OF MYRTLE BEACH; MYRTLE
BEACH POLICE DEPARTMENT;
HORRY COUNTY; PFC A. COX; and
PFC C. TURNER,

Defendant.

TO: THE 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 to said

Complaint upon the Plaintiff or his attorneys, Stefan B. Feidler, Eric M. Poulin, and Roy T.

Willey, IV at their office, 32 Ann Street, Charleston, SC 29403, within (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, Plaintiff will apply to the court for the relief demanded in the Complaint.

Dated at Charleston, South Carolina on the 19th day of January, 2021.

[Signature Block on Following Page]

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ANASTOPOULO LAW FIRM, LLC

s/ Stefan B. Feidler
Stefan B. Feidler
S.C. Bar No.: 101918
Eric M. Poulin
S.C. Bar No.: 100209
Roy T. Willey, IV
S.C. Bar No.: 101010
32 Ann Street
Charleston, SC 29403
(843) 614-8888

Attorneys for Plaintiff

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IN THE STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
COUNTY OF HORRY ) FOR THE 15TH JUDICIAL CIRCUIT
CASE NO: 2021-CP-26-_________
SIMON DERER,

Plaintiff,
v. COMPLAINT
(Jury Trial Demanded)
CITY OF MYRTLE BEACH; MYRTLE
BEACH POLICE DEPARTMENT;
HORRY COUNTY; PFC A. COX; and
PFC C. TURNER,

Defendants.

TO: THE DEFENDANTS ABOVE NAMED:

The Plaintiff Simon Derer (hereinafter “Plaintiff” or “Mr. Derer”) complaining of the

Defendants above named, would respectfully show unto this Honorable Court and allege as

follows:

1. Plaintiff is a citizen and resident of Horry County, South Carolina.

2. The Defendant, City of Myrtle Beach, 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 amended. At all times hereinafter mentioned in this complaint, this Defendant

owned and/or operated the Myrtle Beach Police Department, and it acted or carried on its

business by and through its agents, servants, and/or employees. Additionally, during the

time period set out in the complaint, these employees were operating within the scope of

their officially assigned and/or compensated duties.

3. The Defendant, Myrtle Beach Police Department is a governmental agency and/or

political subdivision of the State of South Carolina, existing under the laws of the State of

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South Carolina (as defined by Section 15-78-10 et seq. of the Code of Laws of South

Carolina (1985), as amended) and has facilities located in the County of Horry, South

Carolina. At all times hereinafter mentioned in this Complaint, this Defendant acted and

carried on its business by and through its agents, servants, and/or employees.

Additionally, during the time period set out in the Complaint, these employees were

operating within the scope of their officially assigned and/or compensated duties.

4. 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

amended. At all times hereinafter mentioned in this complaint, this Defendant owned

and/or operated the Horry County Sheriff Office, and acted or carried on its business by

and through its agents, servants, and/or employees. Additionally, during the time period

set out in the complaint, these employees were operating within the scope of their

officially assigned and/or compensated duties.

5. That upon information and belief, Defendant PFC A. Cox (8348) is a citizen and resident

of Horry County, State of South Carolina.

6. That upon information and belief, Defendant PFC C. Turner (8655) is a citizen and

resident of Horry County, State of South Carolina.

7. The Defendants are hereinafter collectively referred to as “Defendants,” unless otherwise

identified.

8. The negligent and grossly negligent acts, omissions, and liability forming conduct of the

Defendants include their agents, principals, employees and/or servants, both directly and

vicariously, pursuant to principals of non-delegable duty, apparent authority, agency,

ostensible agency and/or respondeat superior and the acts and/or omissions of the above-

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named Defendants were the direct and proximate cause of the injuries, damages, and

losses of the Plaintiff.

9. Jurisdiction is conferred upon this Honorable Court by South Carolina common law and

the South Carolina Tort Claims Act, S.C. Code Ann. §15-78-10, et seq.

SPECIFIC AVERMENTS

10. On June 27, 2019, employees, agents and/or servants of Defendants’ were patrolling the

area of 3rd Ave S., and Hwy 15, located in the City of Myrtle Beach, State of South

Carolina.

11. These employees, agents and/or servants of Defendants’ include, but are not limited to

Officer(s) PFC A. Cox, PFC C. Turner, and certain members of the Defendants’ Street

Crimes Unit.

12. The Defendants claim Mr. Derer was observed walking in the area of Withers Swash Dr.,

and 3rd Ave. S. when Defendants, without cause, activated their blue lights and began a

“brief foot pursuit” of Mr. Derer.

13. That after the alleged “brief foot pursuit,” Mr. Derer was violently detained and

subsequently hospitalized.

14. As a direct and proximate result of Defendants actions, Mr. Derer was severely injured

and suffered various injuries, including without limitation a left sacral fracture, bilateral

superior and inferior pubic ramus fractures, multiple abrasions, hemorrhage, head

injuries, loss of consciousness, and acute pain and/or suffering.

FOR A FIRST CAUSE OF ACTION

(Negligence/Gross Negligence/Reckless Conduct)

15. The allegations in the above paragraphs are hereby incorporated by reference as if

repeated verbatim herein.

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16. The employing Defendants, by and through their employees, agents, and/or servants were

negligent, grossly negligent, reckless, willful and wanton and failed to exercise even

slight care in the handling of the above-described events in one or more of the following

particulars:

a. In failing to appreciate and manage the events appropriately and by acting in

violation of the appropriate policies and procedures existing at the time, if

any;

b. In pursuing Mr. Derer without legal cause;

c. In using grossly excessive force by injuring Mr. Derer;

d. In failing to follow standard law enforcement policies and procedures as well

as the policies and procedures of the Police Department, if any;

e. In failing to have/follow the appropriate system of risk assessment;

f. In failing to follow the appropriate policies in using force;

g. In failing to properly train PFC A. Cox and/or PFC C. Turner, in violation of

the appropriate standards of care and statutory mandate;

h. In failing to ensure the safety of Mr. Derer;

i. In failing to use only the force that was necessary to detain and/or transport

Mr. Derer;

j. In failing to use discretion before, during, and after their interactions with Mr.

Derer;

k. In proximately causing Mr. Derer’s injuries;

l. In such other particulars as may be ascertained through discovery procedures

undertaken pursuant to the South Carolina Rules of Civil Procedure

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

wanton conduct, Plaintiff was severely injured and has suffered severe and extreme

emotional distress, personal injury, and incurred substantial medical bills.

FOR A SECOND CAUSE OF ACTION

(Violation of Federal Civil Rights 42 U.S.C. § 1983; Violation of the Fourth and Fourteenth
Amendments)

18. The allegations in the above paragraphs are hereby incorporated by reference as if

repeated verbatim herein.

19. On June 27, 2019, Defendants’ employees, agents and/or servants, including, but not

limited to Officer(s) PFC A. Cox, PFC C. Turner, and certain members of the

Defendants’ Street Crimes Unit., were employees, agents, and/or servants of the

employing Defendants, acting under the color of law and pursuant to law enforcement

duties.

20. That the Defendants improperly used excessive force by violently detaining Mr. Derer,,

as said Defendants had other available methods of handling the situation which would

have been less forceful, would not have caused Mr. Derer severe injuries, and would not

have placed them Defendants, in any harm or exposure to harm.

21. As a direct and proximate result of Defendants’ objectively unreasonable acts in violation

of the Fourth Amendment and/or their willful, malicious, conscious, and deliberate

indifference in violation of the Fourteenth Amendment, Defendants violated the United

States Constitution and Statutes of the United States.

22. As a result, Plaintiff has suffered severe physical and mental injury and other damages as

describe herein.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against all Defendants for actual damages,

punitive damages, and attorney’s fees (attorney’s fees as against any individually named

Defendants only) for the costs of this action, and for such other and further relief as this Court

deems just and proper.

ANASTOPOULO LAW FIRM, LLC

/s/ Stefan B. Feidler

Stefan B. Feidler
S.C. Bar No.: 101918
Eric M. Poulin
S.C. Bar No.: 100209
Roy T. Willey, IV
S.C. Bar No.: 101010
32 Ann Street
Charleston, SC 29403
(843) 614-8888

Attorneys For Plaintiff

January 19, 2021

Charleston, SC