STATE OF SOUTH CAROLINA INTHE COURT OF COMMON PLEAS COUNTY OF cHaKLisrox 0-0-1965 PUGENEN. WALPOLE, CIVIL ACTION COVERSHEET, Paint (ity Acton Regnttpd), : aa oa CHARLESTON COUNTY SCHOOL DISTRICT, KEVIN’ CLAYTON, AXXIS CONSULTING COMPANY, AND JONES STREET PUBLISHERS, 1c, Defendant(s) Submited By: John E. Parker wa ‘Address: 0. 457, (ats) 9142004 iimpion 509504 (90s) 914-2018 iparker@pmped.com fi at comp, aed DOCKETING INFORMATION (Check al hat app) Hf Action ts JudgmentSettoment donot complete [JURY TRIAL demanced in complaint L] NONSJURY TRIAL demanded in complain. (Ey Ts cue ie subject to ARBITRATION pursuant the Court Annexed Alteatve Dispute Resolution Rules. By sete bt MEDIATION prs Cut Amd Aten Dig Rein ae, ‘This eas is exempe fom ADR. (Proof of ADR/Exempion Atiched) "NATURE OF ACTION (Check One Bax Blow oir Tore-Froteson Malecice _—Tats—Pesual ry eal Prope 2 comma (10) Coeliac) EY Asis 0) Chen Dey 0) (D Dexconaon tt) EL Legh 10) Cerin 1) 1D Consnastn (i) 1 Envoment (a0) Neate am) Mour ence Aciden 20) Fes 2) DB Genel) FvioaNooratlca Cue [Prine tabi 630) C) Meca'sLi ) DB Seacotcomnaian EPs) Pata) Bote CD Wonca rien) E) Pel ry 35D 1D eseson 450) Doers) G Seeubenoe, 1 Beaty Cte Von coer, 5 one cn eco) 1 “Rema Lee) (Deseo 0) 1D asin 00 Metin som ont Renew i) Gl Forign niger (1) Mgt ci 910) Gl tescamety Rett) 1D atmos spn 20) Cain 620) oncom LL Pemineunton 0) Corsten 30) sei 3) 1D Focimwerctonds))” C Trmergenimer() Pate cor 4) 1 Feremre—Cont Ore $50) tise 5 scoot sn aera) Frnt Wenerscanp 0 Senet Puma ahs) Zag es 0). Donner a Bh Ritter am 65 SpecsiComptes omer 1 contsonctnareno7) ply Seay Coma) 2 Eminem i) El Poms (0) een Wee CL Aime (lo) UnrtatePasea 6) Compan Setiamet ——C) er 58) enol) tia 2m) 1D OntatSue Depiina 65 one oom one 1D Nin at saben i 0 ea December 16,2014 Bets santos parsantte SCRCP, Rule 11, nd the South Celina Frivolous mn §15-3610 Se, SCCA/234 (10/2014) Page 1 of 2 Civil Proceedings Sations Act, SCFOR MANDATED ADR COUNTIES ONLY Aiken, Allendale, Anderson, Bamberg, Bamwell, Beaufort, Berkeley, Calhoun, Charleston, Cherokee, Clarendon, Colleton, Darlington, Dorchester, Florence, Georgetown, Greenville, Hampton, Hory, Jasper, Kershaw, Lee, Lexington, Marion, Oconee, Orangeburg, Pickens, Richland, Spartanburg, Sumter, Union, Williamsburg, and York ‘SUPREME COURT RULES REQUIRE THE SUBMISSION OF ALL CIVIL CASES TO AN ALTERNATIVE DISPUTE RESOLUTION PROCESS, UNLESS OTHERWISE EXEMPT. ‘You are required to take the following action(s): 1 The partis shall select a neutral and flee “Proof of ADR" form on or by the 2108 day’of the Filing ofthis setion. Irthe partes have nat selected a neutral within 210 day, the Clerk of Court shal then appoint a primary and secondary mediator from the current roster ona rotating bsis from among those moditors agrecing to accept cases inthe county in which the action hasbeen fled. ‘The initial ADR conference must be held within 300 days efter the filing ofthe aston. Pre-uit medical malpractice mediations required by .C. Code §15-79-125 shall beheld not later than 120 days afer all defendants ar served with the “Notice of Intent to File Suit” o asthe court direct, (Medel malpractice mediation is mandatory statewide.) Cases are exempt from ADR only upon the following grounds 8. Special proceeding, or ations scking extraordinary relief such as mandamus, haS6HFcorpus, of prohibition; b. Request for emporary ei Appeals 4. Post Conviction elit mates; ©. Contempt of Cou proceedings £ Forstureprocedngs brought by governmental entities Mortage foreclosures; and fh. Cases that have been previously subjected to an ADR conference, unless otherwise required by Rule 3 or by statute, In cases not subject to ADR, the Chet Judge for Administrative Purposes, pon the motion ofthe court or ‘of any party, may order a cae to mediation. “Motion of a party tobe exempt fom payment of neutral fees due to indigency shouldbe fled withthe Court within ten (10) days after the ADR conference has been concluded. lease Note: You must comply withthe Supreme Court Rules regarding ADR. Failure todo 0 may affect your ease or may result in sanctions. SCA /234 (10/2014) Page 2 of 2‘STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF CHARLESTON CIVIL ACTION NO.: 2014-CP-10- BUGENEH. WALPOLE, Plaintiff, SUMMONS: v (Gury Trial Requested) CHARLESTON COUNTY _ SCHOOL DISTRICT, KEVIN CLAYTON, AXIS CONSULTING COMPANY, AND JONES STREET PUBLISHERS, LLC, Defendants ‘TO THE DEFENDANTS ABOVE-NAMED: 2 YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy of \Whieh is herewith served upon you, and to serve a copy of your answer to this complaint upon the subscriber, at P.O. Box 457, Hampton, SC 29924, within thirty (30) days after service hereof, exclusive ofthe day of such service, and if you ful to answer the complaint, judgment by default will bbe rendered against you for the relief demanded in the complaint. PETERS, MURDAUGH, PARKER, ELTZROTH. & DETRICK, PA. BY: hn B. Pasker William F. Barnes, IT 101 Mulberry Street East P.O. Box 457 Hampton, SC 29924 Phone: (803) 943-2111 ames(@pmped.com ATTORNEYS FOR PLAINTIFF December 16,2014 Hampton, South Carolina‘STATE OF SOUTH CAROLINA. ) INTHE COURT OF COMMON PLEAS ) COUNTY OF CHARLESTON ) CIVIL ACTION NO: 2014-CP-10- Eugene H. Walpole, ) ) Plaintiff, ) ) COMPLAINT v. ) Gury Trial Requestpd)_- ) a ‘Charleston County School District, Kevin) cs Clayton, Axxis Consulting Company, and) Jones Street Publishers, LLC, ) ) Defendants, The Plaintiff alleges: 1. The defendant, Chatleston County School Distet is « goveramental entity, subject to being sued pursuant 1 S.C. Code Ann. § 15-78-10, et. seq, Venue ofthe exse is proper in Charleston County pursuant to § 15-78-10. 2. The defendant, Kevin L. Clayton, was a the times alleged in this complaint an agent and/or employee of Axcis Consuiting Company acting within the seope of his agency andlor employment. 3. The defendant, Axxis Consulting Company, is lable forthe acts of Kevin Clayton because Mr, Clayton was within th scope of his ageney and/or employment at all times mentioned herein. 4, Nancy McGinley was at the relevant times the Superintendent of Charleston County School District and Louis Marin isan Assistant Superintendent of Chareson County School District and were at all tines mentioned below acting within tei employment withthe Carleton County School Distet 5. Jones Stet Publishers, LLC is a limite lability corporation which publishes the CChnleston City Paper and is headquarters isin Chateston, South Caroline6. Theat the football cosch atthe Academic Magnet High Schoo, 7. On October 16,2014, Louis Matin and Kevin Clayton met with the footal tara and coaches ofthe Academie Magnet High School after the Schoo! Distt received information ‘concerning the football tern and an incident involving watermelons, and even though they found so evidence of any racial reason forthe team’s watermelon celebration after win, and even though all coneermed told them there was no racial reason forthe celebrations, they falsely published to others tat Coach Walpole knowingly allowed the football team to make animal sounds and draw a monkey face onthe watermelon during these celebrations. The defendants by falsely portayng that Coach Walpole knowingly allowed the team t make monkey sounds and raw a monkey face on the watermelon falsely accused Coach Walpole of intending to cast ‘Aiean American opponents in derogatory light. The defendants by thir sateen falsely cease Chach Walpole of being racially preudiced 8 After October 16, 2014, Louis J. Maria, Assistant Superintendent of Education for the Charleston County School District, falsely sated and published to others thatthe members of the Academic Magnet High School football tam with Coach Walpole's knowledge, “had engaged in game ritual after football games in which the football team would draw a ‘monkey face on a watermelon and after victory, would smash the fut end make animal 9. After Ocober 16, 2014, Nancy MoGinley, falsely stated tothe public that wih Coach Walpole's knowledge “players would gather in a cree and squash the watermelon while cxhers wer either standing ina group or locking arms and making sounds described a ‘ot, ‘ooh, ooh.” She further falsely stated the sounds were “monkey sounds.” SCCA 401 (5/02) :10, The statements ofthe Superintendent and Assistant Superintendent ofthe School Distret falsaly accused the fotball tam, with Coach Walpole’s knowledge, of drawing monkey faces on a watermelon and making monkey sounds, which if true, would have been racially erogutory ations intended to equate black members of opposing foetal eams with monkeys 11. Kevin Clayton, Nancy McGinley, the Superintendent, and Louis Mati, the Assistant Superintendent, made the defamatory statements, even though they leamed throvgh interviews ofthe team and coaches thet their statements were false, and with this knowledge they published these statements with malice. Becmse ofthe false statements made and published by Kevin Clayton and Louis Martin, Coach Walpole was terminated ftom his coaching duties on ‘October 20,2014, He was reinstated to his coaching duties on October 2, 2014 12, Te false and defamatory statements made by the defendants and their agents and/or employees were published to thers and were poblishedin the print media as wel 8 lea and national television, The pit medi an television programs falsely depicted Coach Walpole and the Academic Magnet High Schoo! football eam as being rei 13, In.an October 21, 2014 post of the Charleston City Paper the defendant, Jones Street Publishers, LLC published an article entitled “Melongate: Big tothy grins, watermelons, and monkey sounds don't mix.” In he eition of the paper the atic tats: “Today, Charleston was consumed by ote story and one story ony: the removal of ‘Academic Magnet fotall coach Bd Walpole amid allegations this players snore of less behaved like racist douchebags. And if there's one lesson fo be Tearned fom all ofthis is this big tothy grins, watermelons, and monkey noises don't mix. Any sensible person can see that. ‘Apparently not. And apparently not the coaching stafT and the players on the ‘Academic Magnet Raptors. Somewhere along the way in this year’s unexpectedly successful season, the Raptors took a liking to buying watermelons before their games. They apparently SCCA 401 (5/02) 4row a face on it each time ~ a big toothy, grinning face. The frst time the ‘watermelon was named Junior. The next time it was Bonds Wilson, the name of the eampus the AMES shares with School ofthe Arts, That name stuck. [But here's where the things get even worse. At the close of each game, the players smashed the watermelon on the ground while reportedly making the monkey like sounds of ‘ooh ooh ooh ooh.’ Apparently, the players did this after four or fives ‘games, each time evidently after the largely white Raptor squad beat one oftheir ‘opponents, each one largely an African-American team. Parents of players on one of the opposing teams reportedly brought this to the attention of Affican- ‘American Board member Michael Miller last week. ‘That the coaching staff of the Academic Magnet Raptors and none ofits players, including at least one Aftican American, didn’t see the trouble with this toxic combination of monkey sounds, toothy grins, and watermelons is at best baling and at worst indicative of the easual acceptance of racism in Charleston today, feven among the best and brightest thatthe county has to often. Afterall, AMHS {not only the No, ranked school inthe state it's one ofthe tops in the nations. Seriously, did everyone at AMHS forget the last 100 years of American history? Did they forget about blackface, Buckwheat, and Birth of a Nation? Did they forget about minstrel shows? "Did they forget about Coons Chicken, lawn liwoos. and the like? Apparently so, I don’t know about you, but I 's time to reconsider Academic Magnets rankings because clearly they are producing nothing more than grade-A dumbasses. Even more troubling is the degree to which Raptor Nation has circled the wagons round Walpole and the team. Frankly this has nothing to do with the fact thatthe ‘coach is by all accounts a good man, Walpole’s merits are meaningless. ‘The point is that an entire team of players thought it was Ok to draw a grinning face on a watermelon, smash it on the ground each time they beat a largely black team, and make monkey noises ~ and no one apparently tld them to stop. No one said, “Hey guys, [know not a single one of you has a racist bone in your ‘ody, you know, because that's o bad thing, and well, you're an Academic ‘Magnet Kid, and you come from a good middle-class white family and you're ‘poing to college, and there's no way in hell you'd, you know, draw a racist ‘caricature on a watermelon and make monkey noises and do it fully aware of, like, what all that stuff means, because if you did, knowing all that stu, then yikes, people might start thinking you're racists. Hell, 'd think you're a racist, ‘and, well, [just don’t know if Ican deal withthe fact that Charleston's best and brightest students are racist douchebags. I mean, it's usta joke right? Right?” ‘Actually, it's not, It's the sad truth about life here in Charleston, S.C. today. SCA 401 (5102) :14, The above article posted on October 21, 2014 and published to others falsely accused Coach Walpole of being a racist and is defamatory. 15, Inn October 21, 2014 post ofthe Charleston City Paper the defendant, Jones Sweet Publishers, LLC published an article entiled “District: AMIS football team’s ‘watermelon ritual included ‘monkey sounds,’ ‘carcature.” Coach removed after complaint of ‘animalistic’ sounds following defeat of maj ty-black team.” 16, The above caption to the article which was published falsely accuses Coach Walpole of being racist and is defamatory. of the 17. In an October 22, 2014 post published in the November 5, 2014 edi Charleston City Paper the defendant, Jones Street Publishers, LLC, stated that Coach Walpole had an “apparent problem recognizing racially insensitive matter This statement falsely accuses Coach Walpole of being racially prejudiced, 18. In the October 30, 2014 edition of the Charleston Cty Paper, the defendant, Jones ‘Street Publishers, LLC, published an article entitled “School district forces out superintendent ‘who fired coach who condoned racist ritual. Mob rules.” The article further states: But goddammit, this town i rotten with racists, Not only do we have a Confederate-flag waving, Souther apologist heading up the College of Charleston, now the Charleston County School District Board of “Trustees hs forced Superintendent Nancy McGinley out of her job because she ‘dared to fire a football coach who condones! a racist act. Honestly, I had no idea that this was how the Coach Bud Walpole controversy ‘would play out. I don’t think anyone really did. The ouster of McGinley is every bit as suprising as one of George R.R. Martin's wedding-day bloodbaths. But it’s even more brutal than the Game of Thrones author could have conjured up because MeGinley vas in the right to give Walpole the boot ~ and the board should've backed her. SCCA 401 (5/02) 5‘The Academic Magnet coach had to know that his players were engaging in a ritual that would be perceived as racist by any sensible outside observer. If you don't already know, a racist caricature had been drawn on a watermelon and then smashed each time the largely white football team defeated their predominantly ‘Afvican-American competitors. Even worse, they reportedly made monkey sounds ‘when they did it ‘And based on what has been reported, it appears that McGinley in part was ‘motivated to remove Walpole because he apparently didn’t see anything dlisturbing himself a stance that more than stains credulity given the coach’s 50- ssome-odd-years on this planet. In hindsight, there's no denying that McGinley simply misjudged her fellow Charlestonians. Perhaps she too had bought into the hype thatthe Holy City had shaken off its racist past, that our Lowcountry home had been bor anew as ‘America's most beloved tourist town. Perhaps she genuinely thought that the community would rise up with her and condemn this racist behavior. Butit didn’ ‘As the controversy unfolded, the black community largely remained, silent, while the entire Academic Magnet community rallied behind Coach Walpole, vith some even going as far as to deny any racist connectiva Veiwern walciaicous, Sambo-like caricatures, monkey noises, and black people. Because one single coach had been fired, they were willing to ignore America’s shameful racist past, ‘Apparently, to admit that their coach, their children, might be just a smidgen racist was simply too much to beer. Coach Walpole’s firing should have been a teachable moment, the kind that instructs the largely white student body of Academic Magnet High School in the ways that white people, even good ones, can inadvertently engage in hurtful racially offensive behavior, Instead what the students got was a teachable lesson in mob rule and white privilege, Days after his removal, Walpole was reinstated Many years from now, I know that many of these same AMHS students who defended Walpole and his players will see the eror of their ways. know thet ‘they will realize that it was wrong to tur a blind eye to how mueh pain the team’s actions caused the Affican American community, some of them their fellow students, Now that Nancy McGinley has been forced out of office, perhaps that realization will happen much sooner rather than later. 19. ‘The October 30, 2014.post and November 5, 2014 article falsely accuses Coach Walpole of being a racist and is defamstory SCCA 401 (5102) :20. The publication of these false and defamatory statements about the plainti™ injured the plains reputation 21. The plaintiff is ened to actual damages agsinst all defendants and to punitive damages against the defendants, Kevin Clayton, Axxis Consulting Company and Jones Stest Publishers, LLC: WHEREFORE, plain prays judgment against the defendant for actual damages, together ‘with punitive damages in an appropriate amount, forthe cots of his ation, and for such ober and further relief asthe Court may deem just and prope. PETERS, MURDAUGH, PARKER, ELTZROTH. & DETRICK, P.A. BY: John E, Parker William F, Barnes It 101 Mulberry Street East P.O. Box 457 Hampton, SC 29924 Phone: (803) 943-2111 iparker@pmped.com ATTORNEYS FOR PLAINTIFFS, Hampton, South Carolina December 16, 2014 SCCA 401 (5/02) 7