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STATE OF SOUTH CAROLINA COUNTY OF GREENVILLE Jane Roe, Plaintiff, vs. Furman University, Furman University Police Department, Bob Jones University, John Doe, and Trevor Whitfield, Defendants. _______________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS CASE NO. 2020-CP-23-

SUMMONS

YOU ARE HEREBY SUMMONED and required to answer the complaint in this action, a copy of which is hereby served upon you, and to serve a copy of your answer to the said complaint on the subscriber at his office, 1225 South Church, Greenville, South Carolina, 29605, within thirty (30) days after service thereof 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, Hawkins & Jedziniak, LLC

s/ Joshua T. Hawkins

Joshua T. Hawkins, S.C. Bar No. 78470 Helena L. Jedziniak, S.C. Bar No. 100825 1225 South Church Street Greenville, South Carolina 29605 (864) 275-8142 (telephone) Greenville, South Carolina (864) 752-0911 (facsimile) August 5, 2020 josh@hjllcsc.com helena@hjllcsc.com Attorneys for Plaintiffs-8142 Greenville, South Carolina fax: (864) 752-0911 June 22, 2017 josh@jthawkinslaw.com

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STATE OF SOUTH CAROLINA COUNTY OF GREENVILLE Jane Roe, Plaintiff, vs. Furman University, Furman University Police Department, Bob Jones University, John Doe, and Trevor Whitfield, Defendants. _______________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS CASE NO. 2020-CP-23-

SUMMONS

COMES NOW, the plaintiff, alleging and complaining of the defendants as follows:

PARTIES, JURISDICTION, AND VENUE

1.

Jane Roe is a citizen and resident of Greenville County, South Carolina. 2.

Furman University is an undergraduate and graduate university located in Greenville County, South Carolina. 3.

Upon information and belief, the Furman University Police Department is a law enforcement agency operated by Furman University. 4.

Bob Jones University is an undergraduate university located in Greenville County, South Carolina. 5.

Upon information and belief, John Doe is a citizen and resident of Dillon County, South Carolina. 6.

Upon information and belief, Trevor Whitfield is a citizen and resident of Greenville County, South Carolina. 7.

The events giving rise to this action transpired in Greenville County, South Carolina. 8.

Since individual deputies have not been named as defendants and no claims for deliberate indifference

or violation of the plaintiff’s constitutional rights

have been asserted, jurisdiction is only proper in this Court at this time. The plaintiff reserves the right to file a lawsuit bringing federal claims, including claims for deliberate indifference and for violation of constitutional rights, at a later date, if such an action becomes necessary. 9.

Jurisdiction and venue are proper for the foregoing reasons.


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FACTUAL BACKGROUND

10.

The plaintiff incorporates the foregoing paragraphs as if repeated here, verbatim. 11.

At the time of the events described herein, the plaintiff was a student enrolled at Bob Jones University. 12.

At the time of the events described herein, defendant John Doe was student enrolled at Furman University and a

member of the university’s football team

. 13.

At the time of the events described herein, Trevor Whitfield was employed as an officer of the Furman University Police Department. 14.

On or about October 6, 2019, John Doe invited the plaintiff to a party at Furman. The plaintiff accepted his invitation and went to

Furman’s

campus with Witness A, her friend and fellow Bob Jones student. 15.

When the plaintiff and Witness A arrived, they found a much smaller gathering than the party that they had excepted. Other than the plaintiff and Witness A, seven members of the Furman football team were present. 16.

John Doe gave the plaintiff alcohol and marijuana, which caused her to become noticeably impaired. Upon information and belief, Doe supplied the plaintiff with alcohol and drugs so that she would become intoxicated and so that her judgment would be impaired. 17.

After Doe gave the plaintiff alcohol and marijuana and knew that she was intoxicated, Doe brought the plaintiff, Witness A, and two other football players to his apartment to watch music videos. While in his apartment, Doe continued to give the visibly intoxicated plaintiff alcohol. 18.

When the plaintiff told Doe that she felt unwell and overheated, Doe told her that she could rest in his room. Doe then negligently and recklessly engaged in sexual intercourse with the plaintiff when a reasonable person would have known that the plaintiff was unable to consent. 19.

FUPD officers Michael Banner and Trevor Whitfield responded to Doe

’s apartment in

reference to concerns that the plaintiff and Witness A had been drugged and involved in a sexual interaction that lacked consent. During their initial conversations with the officers, the plaintiff and Witness A told officers that they were worried that they would get expelled from Bob Jones if Bob Jones officials learned that they had consumed alcohol that night. 20.

After hearing the plaintiff and Witness A express these concerns, Whitfield directly contacted officials at Bob Jones University and informed them that the plaintiff and Witness A were intoxica

ted on Furman’s campus. Whitfield expressed disapproval

that the plaintiff and
