ELECTRONICALLY FILED - 2023 Jan 12 3:42 PM - HORRY - COMMON PLEAS - CASE#2023CP2600191

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY C/A NO. 2023-CP-26-

Christopher Gosnell, )
)
Plaintiff, )
)
vs. ) SUMMONS
)
Horry County, )
)
Defendant. )
)

TO: THE DEFENDANT ABOVE NAMED:

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

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

Complaint on the subscriber or subscribers at his or their office at Suite 209, The Courtyard, 1500

U.S. Highway 17 North, Post Office Drawer 14547, Surfside Beach, South Carolina 29587 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; the Plaintiff in this action will apply to the Court

for the relief demanded in the Complaint and judgment by default will be rendered against you for

the relief demanded in the Complaint.

KELAHER, CONNELL & CONNOR, P.C.

s/ Gene M. Connell, Jr.

January 12, 2023
Surfside Beach, South Carolina
Gene M. Connell, Jr. (S.C. Bar No. 1358)
The Courtyard, Suite 209
1500 U.S. Highway 17 North
Post Office Drawer 14547
Surfside Beach, South Carolina 29587-4547
(843) 238-5648 (phone)
(843) 238-5050 (facsimile)
gconnell@classactlaw.net
Attorney for Plaintiff
 ELECTRONICALLY FILED - 2023 Jan 12 3:42 PM - HORRY - COMMON PLEAS - CASE#2023CP2600191
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY C/A NO. 2023-CP-26-

Christopher Gosnell, )
)
Plaintiff, )
)
vs. ) COMPLAINT
) (Malicious Prosecution/False Arrest/
Horry County, ) False Imprisonment/Conspiracy/Slander)
)
Defendant. ) JURY TRIAL
)

The Plaintiff, complaining of the Defendant herein, would respectfully allege unto this

Court.

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

2. The Defendant is a governmental entity organized and existing pursuant to the laws

of the State of South Carolina and doing business as a County government.

3. That on or about November 17, 2022, the Plaintiff was involved in a motor vehicle

accident when he struck a deer, and the Horry County Police were called to investigate.

4. That the Horry County Police Officers were agents and/or employees of Defendant

Horry County and did advise the Plaintiff that a courtesy Summons had been issued for his arrest

on or about December 15, 2017.

5. That Plaintiff had never received the courtesy Summons which was signed by Kelly

Kircher on December 15, 2017.

6. That the courtesy Summons was never served on the Plaintiff nor was he aware of

it until November 17, 2022 when the motor vehicle accident with the deer occurred.

7. That the Horry County Police, specifically an Officer of the North Precinct, while

investigating the motor vehicle accident with the deer, did arrest the Plaintiff on the courtesy

Summons which Plaintiff had never received nor was aware of.
 ELECTRONICALLY FILED - 2023 Jan 12 3:42 PM - HORRY - COMMON PLEAS - CASE#2023CP2600191
8. That the Plaintiff was taken to the Horry County Police Department and detained

for four to five hours.

9. That it was at that time that a copy of the courtesy Summons was served upon him.

10. That Plaintiff was released from jail and was informed that he should not have been

taken to jail on a courtesy Summons.

11. That further, the Plaintiff’s vehicle was impounded, and Plaintiff was in fact at the

time in the process of moving a mattress which cost $1,000.00.

12. That further, officers, agents and/or employees of Defendant Horry County did

place the dead deer on the mattress in the back of Plaintiff’s pickup truck; and after Plaintiff was

released; he went to pick up his vehicle and found the dead deer on his new mattress in the back

of the pickup truck which had been impounded.

13. That officers, agents and/or employees of the Horry County Police Department

were negligent, reckless, willful and wanton in one or more of the following particulars:

a. in arresting the Plaintiff on a courtesy Summons;

b. in arresting the Plaintiff when a courtesy Summons does not require being

taken to jail;

c. in arresting the Plaintiff without probable cause;

d. in holding the Plaintiff for four to five hours;

e. in handcuffing the Plaintiff on a courtesy Summons;

f. in treating Plaintiff as a criminal on a courtesy Summons from almost five

(5) years prior which had never been served nor Plaintiff had never been

advised about in the past;

g. in failing to follow established police procedures;

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h. in failing to investigate Plaintiff’s claim that he had not been involved in

any actions which would require a courtesy Summons be issued;

14. That when the Plaintiff appeared at the Court, the courtesy Summons was

dismissed.

15. That as a direct and proximate result of the actions of Defendant’s officers, agents

and/or employees, the Plaintiff was incarcerated, handcuffed, his picture was placed on the

internet, he was restrained, humiliated, suffered mental anguish and emotional distress, and

continues to suffer discomfort, nightmares and the like from his arrest.

16. That there was no probable cause to arrest Plaintiff on a courtesy Summons.

17. The Plaintiff asks for judgment against Defendant for actual damages and the costs

of this action.

FOR A SECOND CAUSE OF ACTION

(Malicious Prosecution)

18. The Plaintiff realleges and reiterates each and every allegation as fully as if repeated

verbatim herein.

19. That the Defendant Horry County, through its officers, agents and/or employees,

did maliciously arrest the Plaintiff on a courtesy Summons without notice and without probable

cause.

20. That the Plaintiff was arrested and detained but was released later the same day.

21. That the Plaintiff brings this cause of action for malicious prosecution in that

Defendant had no probable cause to detain the Plaintiff, arrest him, book him and hold him.

22. That the Plaintiff’s damages include embarrassment, worry, humiliation and

damages to his reputation.

23. That the Plaintiff brings this cause of action for actual damages and the costs of this

action.
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FOR A THIRD CAUSE OF ACTION
(False Arrest)

24. The Plaintiff realleges and reiterates each and every allegation as fully as if repeated

verbatim herein.

25. That the Plaintiff brings this cause of action for false arrest in that Defendant’s

officers, agents and/or employees had no reason to arrest the Plaintiff on a courtesy Summons,

which was nearly five (5) years old.

26. That as a result of the false arrest as listed above, the Plaintiff suffered damages

including mental anguish, emotional distress, embarrassment and humiliation.

27. That Defendant’s officers, agents and/or employees had no probable cause to arrest

the Plaintiff and acted in a malicious manner in detaining him in the jail for approximately five

hours.

28. That when Plaintiff appeared in Court all charges were terminated in Plaintiff’s

favor.

29. That Plaintiff brings this cause of action for false arrest, for actual damages and the

costs of this action.

FOR A FOURTH CAUSE OF ACTION

(False Imprisonment)

30 The Plaintiff realleges and reiterates each and every allegation as fully as if repeated

verbatim herein.

31. That the Plaintiff was arrested without probable cause and based on a courtesy

Summons that had never been provided to Plaintiff.

32. That a courtesy Summons does not allow Defendant to arrest the Plaintiff.

33. That the Plaintiff was held by Defendant’s officers, agents and/or employees at the

Horry County Police Department for approximately five hours, was booked and released.

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34. That the Plaintiff was kept against his will.

35. That the Plaintiff has damages from this false imprisonment including anxiety,

embarrassment, worry and humiliation.

36. That the Plaintiff brings this cause of action for actual damages and the costs of this

action.

FOR A FIFTH CAUSE OF ACTION

(Slander)

37. The Plaintiff realleges and reiterates each and every allegation as fully as if repeated

verbatim herein.

38. That the Plaintiff brings this cause of action for slander in that Defendant’s officers,

agents and/or employees did accuse Plaintiff of a crime which is a slander per se.

39. That Plaintiff’s reputation was slandered and that the accusations have been proven

false and dismissed.

40. That the Plaintiff believes the Defendant is liable for slander per se by releasing

Plaintiff’s name to media, including his picture, and holding him in detention for five hours.

41. That the Plaintiff has damages including emotional distress and damages to his

reputation including loss of income and earning capacity.

42. That the Plaintiff requests judgment against the Defendant for actual damages and

the costs of this action.

FOR A SIXTH CAUSE OF ACTION

(Conspiracy\)

43. The Plaintiff realleges and reiterates each and every allegation as fully as if repeated

verbatim herein.

44. That the Defendant and the officers involved entered into an agreement to have the

Plaintiff arrested on a courtesy Summons in violation of law.

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45. That the Defendant’s officers, agents and/or employees attempted to deprive

Plaintiff of his liberty by holding him at the Horry County jail, impounding his vehicle and leaving

a dead deer on a new mattress in the back of Plaintiff’s pickup truck.

46. That a courtesy Summons does not require arrest and that Defendant’s officers,

agents and/or employees knew such and knew that the Plaintiff had not committed any crime, yet

he was still detained.

47. That the Plaintiff brings this cause of action for conspiracy for actual damages and

the costs of this action.

WHEREFORE, Plaintiff prays for judgment as follows:

A. On the First Cause of Action for actual damages, attorney’s fees and costs.

B. On the Second Cause of Action for actual damages, attorney’s fees and costs.

C. On the Third Cause of Action for actual damages, attorney’s fees and costs.

D. On the Fourth Cause of Action for actual damages, attorney’s fees and costs.

E. On the Fifth Cause of Action for actual damages, attorney’s fees and costs.

F. On the Sixth Cause of Action for actual damages, attorney’s fees and costs.

KELAHER, CONNELL & CONNOR, P.C.

s/ Gene M. Connell, Jr.

January 12, 2023
Surfside Beach, South Carolina
Gene M. Connell, Jr. (S.C. Bar No. 1358)
The Courtyard, Suite 209
1500 U.S. Highway 17 North
Post Office Drawer 14547
Surfside Beach, South Carolina 29587-4547
(843) 238-5648 (phone)
(843) 238-5050 (facsimile)
gconnell@classactlaw.net
Attorney for Plaintiff