”. Lh or SOUTH CAROLS ) ) INTHE Mar OF COMMON PLEAS COUNTY OF HORRY ) ) Jane Doe, and John Doe, ) CIVIL ACTION COVERSHEET Plaintifi(s) ) ) 2016-CP- 26- Ps } D3Ki > [b Hi i ) Police Departmen, Brian Scot Perry Jr and Dian ‘Scott_Perry, Doe Perry. and Karen_A. Rushford Defendant(s) ) Swbmitted By: K. Blaine Massey ‘Address: 200 Elm Sireet, Conway, SC 29526 SC Bai ‘Telephone ‘dtd’ A'py trent mat eserves on the dtedan) song th Sa DOCKETING INFORMATION (Caect aha apply) 2 SY Action sJudgmenvSeatement de natcomplere = FURY TRIAL dra ccnp” ET NONSURY TAL deme comin This case sibjet 0 ARBITRATION piruanrto the Count Amexed Altematve Dipute Resolien RUE Ff Tiss sb MEDIATION pusn oe Cost Anne Alem Dspue Rect Rs = Thiscaseis exemption ADR (Prof of ADRExenpton Atached) [NATURE OF ACTION Cieck On os land © = conrace “Torts = Praeniont Malpate Tare Pasi Use Redibrgert 3 C2 comet] bresipmaeto Conese case odeen iy Gi berceacieiny —tepvuiresio EJ. service sen 20) Grams B oman O bienipeste GB tommuaige Gl foment FL Grndermcnti) Fwintuaceteateer EB peomumiyom Ef namie 6 fetoarans SN Fractiney sy” Ertan Gi friwemae” Go wweniewssvarax J Segtideanoen El Faso) meen oe Bi ape: Cy Saceeke ioamven Copy Din 709 ——— 7 semanas cae, o Soca 3 oan Loe & dante: a any tute tons Aaa ete somite " 2 neon © “toeatetinaeto) Gl Oanteameney Gantt Bi Mmm acdnerceit Eh remem tmpmmccra B iitecemnsm tess By simmtticonoe() Mpa!) 5 oe 6 ean Gee 8 ies G Geena of iepemane ramecarted G Fateme Cocoon) El Laren B scoors 5 Gucass Bi toniotseunset EY tats ong fypabediay BY pakesence Com. (0) spestcupes ome 1D cotesoncehepnci(7m) —C) plot ey Comm 1 trinmentet) Ey tmmcnasin) By ratte woe BSc G tanmacrnny Sonnet) ot CO Meaney) tse een Qa Bone © ete D Seuatredsor sto) Q._FreSeit scorn B_ Pomona On ee Zon Dates Submitting Pary Sigua a SCA /234 (03/2016) Page | of 2Se:Fttnssi caisson Se 1AM ode St Cala shes Sect SUmDaTAaMs Seok a soe Effective January J, 2016, Altemative Dispute Resolution (ADR) is mandatory in all counties, pursuant to Supreme Court Order dated Novernber 12, 2015. ‘SUPREME COURT RULES REQUIRE THE SUBMISSION OF ALL CIVIL CASES TO AN ALTERNATIVE DISPUTE RESOLUTION PROCESS, UNLESS OTHERWISE EXEMPT. Pursuant to the ADR Rules, you are required to take the following action(s): ‘The partes shall select «neutral and filea “Proof of ADR" form on or bythe 210" day ofthe fling of this action. If the paties have not elected a neciral within 210 days, the Check of Cour shal then appoint a primary and secondary mediator from the eurent ster on 3 rotating bass from among those mediators agreeing to accep cases inthe count in which the atin hasbeen filed. 2. The initial ADR conference must be held within 300 days afler the filing of the action 3. Pro-tit medical malpractice mediations required by S.C. Code §15-79-125 shall be held not later than 120 days afte all defendants are served with the "Notice of Inteat to File Suit” or as the court directs 4. Cases are exerpt from ADR only upon the folowing grounds Specie! proceeding, oractions seeking extraordinary relief such as mandamus, hebeas compus, oF rchbition; 1b. Request for temporary elie, © Ampeals 4. Pox Conviction reef mates; Contemp! of Court proceedings; {Forfeit proceeings brought by governmental enites; 1& Mortgnge foreclosures; ard h. Cases that have been previously subjected to an ADR conference, unless otherwise required by Rule 3 orby staute 5. Imcases not subject to ADR, the Chief Judge for Administrative Purposes, wor the motion of the court or ‘of any party, may ordera case to mediation 6, Motion of party to be exempr from payment of neutral fees ue to indigeney should be fied with the Court within ten (10) days after the ADR conference has been concluded, Please Note: You must comply with the Supreme Court Rules regarding ADR. Failure to do so may affect your case or may result in sanctions, SCCA /234 (03/2016) Page 2 of 2STATE OF SOUTH CAROLINA. ) IN THE COURT OF COMMON PLEAS ) CIVIL ACTION NO.: 2016-CP-26- 5) 39.9 COUNTY OF HORRY ) Jane Doe, and John Doe, ) 3 Plaintiffs, ) z ) 2 .. ) SUMMONS Ze ) Hory County, South Carolina and Horry County) 2 Polive Department, Brian Scott Perry, Jr, Brian) 7 Scot Perry, Doe Perry, and Karen A. Rushford, —) , 2 Defendants * — i TO: THE DEFENDANTS ABOVE NAMED: YOU ARE HEREBY SUMMONED AND REQUIRED to answer the Complaint in this action, of which a copy herewith served upon you, and to serve a copy of your Answer to tid Complaint on the Subscriber or Subscribers at his or their office at 200 Elm Street, Conway, South Carolina 29526, within Thirty (30) days after service hereof, exclusive of the day of such service; and if you fail to answer the Complaint within the time aforesaid, the Plaintiffs in this action will apply to the Court for the relief demanded in the Complaint, Date this/ Ztfay of April, 2016 in Conway, South Carolina Altomey for the Plaint 200 Elm Stree: Conway, SC 29526 (843) 488.377 (G43) 488-3779, faxSTATE OF SOUTH CAROLINA. ) INTHE COURT OF COMMON PLEAS ) CIVIL ACTION NO: 2016-CP-26- COUNTY OF HORRY ) Jane Dee, and John Dos, ) Plaintits, ) ) « v ) COMPLAINT, ) (Gury Trial Reques Horry County, South Carolin and Homy County) Police Department, Brian Scott Perry, Jr.,Brian—) Scott Perry, Doe Perry, and Karen A. Rushford, ) Defendants. ) - ) COMPLAINT COMES NOW the Plaintisfs Jane Doe and John Doe, by and through the undersigned counsel and hereby bring the following Complaint against Horry County, South Caroling, Horry County Police Department, Brian Scott Perry, J, Brian Scott Perry and Doe Perry and allege as follows: PARTIES AND VENUE, |. The Plaintiff, Jane Doe, isa citizen and resident of the County of Horry, State of South, Carolina. The Plaintiff, John Doe, is a citizen and resident of the County of Horry, State of South Carolina and father of Jane Doe who has lived with Jane Doe since the events stated herein occurred. Defendant Brian Scott Perry, Jr. is a citizen and resident of the County of Georgetown, State of South Carolina. Defendant Brian Sco Perry, or father of Brian Scott Perry, Jr the name, citizenship and residency of whom is hereby expressly reserved to be amended if necessary, however for convenience herein is named “Brian Scott Perry, is « citizen and resident of the County of Spartanburg, State of South Carolina, Defendant Doe Perry, or mother of Brian Scott Perry, Jr, the name, citizenship and residency of whom is hereby expressly reserved to be amended, however for convenience is named Doe Perry, isa citizen andresident of the County of Horry, Stete of South Carolina, Defendant Karen A, Rushford is a citizen and resident of the County of Horry, State of South Carolina 2. The Defendants, Horry County and Horry County Police Department, are political subdivisions of the State of South Carolina, existing under the laws of the State of South Carclina (as defined by Sestion 15-78-10 of the Cove of Laws of South Caroline (1985), as amended), At all mes hereinafter mentioned in this Complain, these Defendants operated and controlled the Horry County Police Department, and acted and carried on their business by end through their agents, servants, and/or employees who were operating within the seope of their offically assigned and/or compensated duties. 3. Vemuc is properly set before this Court hecause a majority ofthe acts and omissions siving rise to Plaintiffs claims occurred in Horry County, South Carolina, FACTUAL ALLEGATIONS 4, Upon information and belief, on or about March 19, 2014, the Plaintiff John Doe and Janet Doe, mother of Jane Doe, contacted the Hory County Police Department, 0 report an intentional forcible rape and/or sexual assault by a known assailant, Defendant Brian Scott Pery, Jt, which was listed as Case Number 14022087, One Hony County Detective prepared a writen repon pertaining to the incident. no arrests, however, were made This decision by the Defendants Horry County and Horry County Police Department was made despite evidence that the assailant and Defendant, Brian Scott Pemy, Jr, forced PleintifT Jane Doe to consume alcoholic beverages causing her to become grossly intoxicated at a party; said Defendant then sexually assaulted Plaintiff Jane Doe, a thenefifteen year old child, thereby involuntarily and without consent subjecting her to sexual intercourse; thus, said Defendant intentionally and forcibly raped her virginity in an outrageous and disgusting manner while she was semi-unconscious and grossly intoxicated. The alcoholic beverage weapon ulilized by Defendant Brian Scott Pery, Jr, during his intentional and sickening acioa, is known as Four Loco, a common “ate rape" type high alcohol content liguid. Defendant's alecholic weapon has & flavored disguised taste so that an inexperienced minor victim would be unaware ofthe extreme nature and exten! of the physical effests Grom such deceptive beverage when combined with sid Defendant's manipulative actions. 5. Upon information and belief, on March 19, 2014, the Plaintiff John Doe and Janet Doe, mother of Jane Doe, reported further to investigating detective(s) (hereinafter known as "Detectvels)), with full plenipotentiary authority under the Horry County Police Department, that there were two witnesses to the commission of the sexual assuult crime, Nevertheless, Detestve(s) insisted that there were insufficient grounds to move forward with criminal charges against assailant and closed is file on April 1, 2014, indi ting thet the case was unfounded and there was no force involved. This flippant finding was made irrespective of the known existence of two witnesses to the assault; and purportedly based on the grounds that the incident happened the previous summer even though the delay was clearly due to a non-confrontational, fearful, distraught and psychologically damaged fileen year old juvenile vietim The Detective(s)"decision was made despite Plaintiff Jane Doe's farther statement, during an interview at the Children's Recovery Center, that Defendant Brian Scott Perry, Je. forcibly raped her. Reference to said Recovery Center statement was astonishingly made in the Horry County Police Department’s Supplemental Report 6. Upon information and belief, on page one of the above-referenced Police Report Case Number 14022087, the assault date is listed as August 1, 2013. On page three, Supplemental Incident Report, the assault date is listed as May 2013. This factual inconsistency illustrates thehaphazard manner of investigation performed under the forcible rape complaint in this matter. In the March 22, 2016, warrant for arrest of Brian Scott Perry, Jr, Case 2016A2610700408, the actual date oF the assault vas finally established by authorities as May 25, 2013-efter an investigation was made by Defendants Horry County and Horry County Police Department by actually obtaining statements from two independent witnesses tothe sexual assault, Further, the actusl prosecution of this criminal sexual assault is taking place almost three years subsequent to the heinous sexual assault due to said Defendants” failure to thoroughly investigate and obtain witness corroboration at the time first reported, ‘Therefore, the delay in filing the initial report ‘was not @ consideration under the aforementioned Arrest Warrant, because of the strong factual support basis for prosecuting this criminal sexual assault, despite the Defendant Horry County and Homry County Police Department's decision to close is file in part because ofa minor time lapse between the intentional foreible rape and report date, 7. Upon information end belief, in a separate cvil action against Defendants, Case ‘Number 2015-CP-25-8908, itis alleged that during the coarse of the six (6) months subsequent to January 2014, another/and or the same Detective (as referenced in the complaint hereunder) engaged in a course of coercive behavior, unwanted sexual advances, and sexual assault on the therein named Jane Doe (herein for convenience described as “Jane Doe #2"). Alleged therein, 6 at least one occasion, Jane Doe #2 was sexually assaulted by Detective within a police vehicle issued by the Horry County Police Department. The advances occurred during the often daily Visits by Detective w the Plaintif's residence. At all times relevant, Detective utilized his Horry County issued vehicle and visually displayed his Horry County Police Department badge and police iseued firearm, Pleintiff was unable to resist the unwanted sexual advances out of fear of retribution,8, Jane Doe #2 therein alleged that Detective had inappropriately touched andior sexually bused additional women in connection with his employment as an investigator with the Horry ‘County Police Department, Plaintiffs herein are further informed and believe, that Detective(s) is currently being investigated by the South Carolina Law Enforcement Division in connection With the reported sexual assaults and improper handling, investigation and pursuit of all such sexual assault complaints, which are alleged (0 be significantly numerous, based on seid Detective(s)', and possibly others in the Department, disposition and inclination toward such sexual assault conduct. ©, Upon information and bolief, Plaintiffs hercunder allege the Detective(s) of Defendants, Hory County and Hoy County Police Department failed to pursue, and in fact discouraged and refused to handle and prosecute as lacking factual support, the criminal sexual assault reported by Plaintiffs despite the existence of two independent witnesses to the sexual assault and insistence by Plaintiffs of pursuing said charges. Under color of authority, Detective(s) stated that there was no basis to further discuss such criminal secual eonduet against the assailant and the file would be closed. Defendants knew, or should have known, that Detective(s) was not actively pursuing and, in feet, discouraging, sexual assault complaints, such as Plaimtfis made against the assailant despite the requirements under his unique law enforcement position of authority, Plaintiffs" good faith reliance upon the referenced Defendants and their agents for to such @ heinous forcible rape action, demanded by Plaintiffs, was 10. Upon information and belief, the Plaintiffs are informed and believe that Defendants Horry County and Horry County Police Department knew, or should have known, about Detective(s)’s inappropriate actions and/or propensity to disregard the harm to female victims ofsenual crime, both physically and psychologically, 10 investigate thoroughly reported sexual assaults, and to discourage the pursuit of same when factual bases in fact existed, Said Defendants then failed to take any action against Detective(s) thereby allowing him to continue for a significant period of time the abuse female crime vietims, as articulated above, including PlointifY Jane Doe, under the authoritative guise and vehicle of the Horry County Police Department 41, Upon information and belief, Defendant Brian Svott Perry, J. forced fiftcen year old Plaintiff Fane Doc to consume alcoholic beverages causing her to become grossly intoxicated at a party; said Defendant then sexually assaulted Plaintiff Jane Doe thereby involuntarily and ‘without corsent subjecting her to sexual intercourse; thus, said Defendant intentionally and forcibly raped her virginity in an outrageous and disgusting manner while she was semi- unconscious and grossly intoxicated, The alcoholic beverage weapon utilized by Defendant Brian Seott Perry, Jr., during his intentional and sickening action, is known as Four Loco, a common “date rape” type high alcohol content liquid. Defendant's alcoholic weapon has a flavored disguised taste so thet an inexperienced minor victin would be unaware of the extreme nature and extent of the physical effects from such alcohol content, 12. Upon information and belief, with respect to Defendant Brian Scott Perry and Doe Perry said Defendamis were aware of Defendant Brian Seott Peny, 3¢°s past conduct and alleged criminal charges in addition to this sexual assault, Because Defendant Brion Scott Pery, Jr. engaged in outrageous, disgusting ond sickexing behavior ia this action, Brian Scott Perry end Dee Perry should he deemed negligent for allowing his child to attend the party and obtain unlawful aleoholic beverages without proper supervision or monitoring of the then-minor child Defendant Brian Scott Perry and Doe Perry failed to take appropriste remedial action andprevent foreseeable harm to Plaintiffs based on said Defendant's known unsafe propensities and suspect conduct toward others. 13. Upon information and belief, Defendant Karen A. Rushford is and was the owner of the property located at 325 Underwood Drive, Murrells Inlet, SC, further referenced by Tax Map ‘Namber 1980201007, at the time of the above-referenced party on May 25, 2013. Defendant Rushford willingly allowed this property to be utilized for gross alcohol consumption by minors on May 25, 2016. Defendant was either present during the party witnessing commission of the criminal actions therein, or without the property and allowing same to occur therein. ‘There was ‘no supervision by eny competent individual(s) monitoring said party ot ensuring that all laws of the State of South Carolina with which were being complied. 14, As a direct result of the above actions of the Defendants, Plaintiff Jane Doe has been injured and damaged in that Plaintiff Jane Doe has been deprived of the rights, privileges and immunities afforded to the citizens of the State of South Carolina and the United States; has been subject to sexual assault against her consent thusly raping her virginity while she was serni- unconscious in a shocking, outrageous and disgusting manner; hes endured corresponding, ‘physical and psychological injury; has been subjected to the intentional infliction of emotional distress resulting fiom the sexual assault and following failure to prosecute same and several years of resulting psychological and physical injuries and damage from self-harm, suicidal thoughts and grave depression; hus had high school academic grades plummet to the point just short of failure: has endured and will endure mental anguish and emotional distress; and has incurred several years of emotionally suffering end trauma, travelling to medical professionals, and consulting with psychiatrists, therap is, and programs fo attempt to emotionally handle the result of the heinous unprosecsted attack and emotional fallout theresrom: and will continue toincur same in the future and emotional distress in the future; and has been deprived of the enjoyment of her life. 15. Asa direct result of the above actions of the Defendants, Plaintiff John Doe has been injured and damaged in that Plaintiff John Doe has been ceprived of the rights, privileges and {immunities afforded to the citizens of the State of South Caroling and the United States; has bbeen subjected to the intentional infliction of emotional distress resulting from his daughter"s shocking and sickening sexual essault; hes witnessed and suffered from the failure to prosecute same and several years of her psychological and physical injuries and damage from Jane Doe's selftharm and suicidal thoughts: has futilely struggled to help with Jane Doe's high school plummeted academic work: has experienced his own resulting psychological injury for several years; has endured and will endure mental anguish and emotional distress; has incurred several years of witnessing Jane Doe's emotional trauma, personelly emotionally suffering as a result, travelling to medical professionals for Jane Doe and personally, and paying for bis and Plaintiff Jone Doe's psychiatrists, therapists, programs to attempt to emotionally handle the result of the heinous, outrageous and disgusting unprosecuted attack and Jane Doe's emotional fallout Uereffom; and will continue to incur medical bills in the future andl emotional distress in the future; and has been deprived of the enjoyinent of his life. FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS HORRY COUNTY AND HORRY COUNTY POLICE DEPARTMENT (Negligence / Gross Negligence) 16, The above set forth facts are made part of this First Cause of Acti through incosporation by reference. 17. The Defendants were acting under the color or pretense of State law, customs, practices, usage or policy at all times mentioned herein by employing police officers, supervisors,cr other such personnel and/or employees and had certain duties imposed upon it with regard to the Plaintifis 18. The incidents set forth above and the Plaintiffs’ resulting injuries, sufferings, and damages were proximately caused by the grossly negligent, reckless, willful, egregious, sickening, disgusting and wanton acts of the Defendants Horry County and Horry County Police Department inthe following particulars: 4. In failing to exercise reasonable care to protect the Plaintiff from harm at the hands Of its personnel, agents, officers, andor employees by not prosecuting the intentional foreible rape of athen-fiftcen year old child who was semi-unconscious b. In filing to exercise reascnable care to properly train and/or supervise it's personnel, sgeats, officers, and/or employees: «In falling to exercise reasonable cae to draft andlor institute proper policy and procedure with regard to the hiring and evaluation ofits police officers In faiting to exercise reasonable eare to draft and/or institute proper poliey and procedure necessary to ensure that members ofthe public are safe and protected from physical, sevual and emotional abuse and conduct; and to prosecute sexual assault actions ‘when reported rather than disregarding same, and/or implementing a haphazard investigation approach allowing a criminal actor to remain free from prosecution while a then-fifteen year old Vietim Jane Doe could obtain no effective Legal satisfaction or closure; In failing to exercise reasonable care to draft and/or institute proper policy and procedure for its employees that would lead to the discovery of, and prevent the occurrence of, inappropriate paysical, sexuel and emotional abuse and conduct and lead to prosecution of factually supported sexual asstult actions when reported rather than disregarding same;£ In failing to exercise ressonable care to make periodic and proper investigations regarding the handling, efficacy, thoroughness, and overall pursuit of sexual assault actions by said Detective(s) and iis agents, and take remedial action as might be necessary to prevent inappropriate and/or physically, sexually and emotionally abusive conduct by its Deiective(s) and personnel, to insure the prosecution of sexual assault actions when reported rather than iscgarding same thereby allowing a criminal actor to remain free from prosecution while victim Jane Doe could obtain no effective legal satisfaction or closure In failing to exercise reasonable care to take appropriate time to follow-up, review andor check compliance with policy, state law andior exis ing orders: hh In failing to exercise reasonable care to take steps necessary timely to remove, fire and/or terminate the services of staff and/or personnel, including Detective(s), when they had, or should have had, actual and/or constructive notice of Defendant Brian Scott Perry, Jt.” criminal sexual conduct, based on the evidence at hand, and failure to prosecute end pursue Plaintiff Jane ‘Doe's factually supported sexual assault action, which allowed a criminal actor to remain free from prosecution while the victim obtained no effective legal satisfaction or closure; 1. In failing to exereise reasonable care to properly supervise Detectivets) investigational work; js In falling to exercise reasonable care to provide Plaintiff Jane Doe with proper protection from inappropriate and/or physical, sexual and emotional abuse and conduct, and to insure the prosceution of factually supported sexual assault actions when reported rather than disregarding same, which occurred at the hands of their Detective(s)’ when Defendants Horry County and Horry County Police Department had notice of their officer's propensities towards inappropriate and/or abusive behavior and failure to prosecute same behavier; 10. In conducting themselves in an egregious and arbitrary manner, |. In facilitating the physical, sexual end emotional abuse of the Plaintiff Jane Doe; tm, In breaching their fiduciery duty of trast with regard to Plaintiffs 2. In its Detective(s) failing to immediaicly and completely investigate, report and prosceute factually supported soxual assault ellegations through the appropriate legal authorities; «In filing to follow and adhere to the local state and national standards, policies and ‘procedures including the policies and procedures of the Horry County Police Department; ». In filing to follow and adhere to the policies and procedures of the Horry County Police Department regarding sexual assault; 4. In engaging in a pattem and practice of allowing and/or condoning appallingly inappropriate conduct on behalf of Horry County polive officers and its Detective(s); +. In failing to sufficiently monitor and supervise employees of the Horry County Police Department; s. In filing to have the appropriate policies and procedures in place to provide adequate supervision; 1. In falling to exercise even slight care to protect Plaintiff Jane Doe; and contraily, to intentionally inflict emotional distress and psychologicel harm to Plaintiffs from years of resulting physical and mental damages resulting from said egregious conduct by allowing @ criminal actor to remain fice from prosecution while then-fifteen year old victim Jane Doe could obtain no effective legal satisfaction or closure after being forcibly raped while semi- unconscious snd unable to give legal consent thereto, aFOR A SECOND CAUSE OF ACTION AGAINST DEFENDANTS BRIAN SCOTT PERRY, JR., BRIAN SCOTT PERRY AND DOE PERRY (Negligence / Gross Negligence/Parental Liability) 19, ‘The ebove set forth facts are made part ofthis Second Cause of Action through incorporation by reference. 20. South Caroline Code Section 63-5-60 applies in part inthis matter to limit recovery from South Carolina parents and children perpetrators, this Code Section, however, does not limit recovery under other statutes and case law. In this case, the parents were aware of Defendant Brian Scott Perry, J:’s alleged criminal disposition based on his past conduct and alleged criminal propensity prior to the secuel assault, The Defendant Brian Scott Perry, Jr thereafter engsged in eriminal sexual conduct behavior in this action so that the Defendant parent should be considered negligent. Said Defendant parents allowed Brian Scott Perry, Jr. to attend the party without proper supervision and monitoring and did not object to, or attempt to prevent, Defendant Brian Scott Perry, Jr. from obtaining illicit alsohotic beverages for the purpose of sexually assaulting then-fifteen year old Plaintiff Jane Doe thusly raping her virginity in an ‘outrageous and disgusting manner while she was semi-unconsciows and unable 10 legally consent. Defendant parents Brian Scott Perry and Doe Perry failed to prevent foreseeable harm to Plaintiffs Jane Doe and John Doe based on said Defendant's known uncafe conduct and ‘propensities based on previous alleged criminal issues. 21. The incidents set forth above ang the Plaintiffs" resulting injuries, sufferings, and damages were proximately ctused by the grossly negligent, reckles, willful, egregious, sickening, disgusting and wanten acts of the Defendants Brian Scott Pery, Je, Brian Scott Perry ‘and Doe Perry in the following particulars: 2a. In Defendants Brian Scott Perry and Doe Perry’s failing to exercise reasonable care to protect the Plaintiffs from harm atthe hands Defendant Brian Scott Perry, J. b. In Defendants Brien Scott Perry and Doe Perry failing to exercise reasonable care to properly train andlor supervise his child Defendant Brian Scott Perry, Jr; In failing to exercise reasonable care to institute proper procedure necessary to ensure that Plaintiff Jane Doe would be safe and protected from the calculated physical, sexual and ‘emotional assault of Defendant Brian Scott Perry, Jr 4. In failing o exercise reasonable care that would lead to the discovery of inappropriate physical, sexual and emotional assault of Defendant Brian Seott, Perry, Jr. and prevent the same from occurring: «In filing to exercise reasonable care to take appropriate time to follow-up, review and/or check the actions of Defendant Brian Sectt Pery, Jr. to prevent such action from occurring; £ In conducting themselves in an egregious and arbitrary manner; g. In Brian Soot Perry, Jr.'s outrageous and disgusting intentional forcible rape and ‘emotional abuse of the then-fifteen year old semi-unconscious Plaintiff Jane Doe which resulted in raping her virginity; he In breaching their fiduciary duty of trust with regard to Plaintiff; i. In filing to immediately report the sexual assault that Defendant Brian Scott Perry and Doe Pemy hereunder knew or should have known occurred to the appropriate legal authorities; 4 In engaging in a partern and practice of allowing and/or condoning inappropriate wonduct, . In failing to sufficiently moniter and Defersant Brian Scott Perry, Irs B| In failing to exercise even slight care to protect Plaintiff Jane Doe; and contarily, to intentionally inflict emotional distress and psychological harm to Plaintifis from years of resulting physical and mental damages resulting from said egregious conduc, and the resulting consequences. FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT KAREN A. RUSHFORD (Negligence Gross Negligence) 22. The above set forth facts are made part of this Third Cause of Action through incorporation by reference. 23. The Defendant Karen A. Rushford was responsible for the incidents set forth above and the Plaintiffs" resulting injuries, sufferings, and damages were proximatcly caused by the goscly negligent, reckless, willful, egregious, sickening, disgusting and wanton acts occurring ‘on her propery situs in the following particulars: 4. In filling to exercise reasonable care to protect the Plaintiffs from harm atthe hands the minor individuals attending the highly alcohol infested party, and more specifically, Defendant Brian Scott Pemy. Jr. and ellowing the intentional forcible rape ofa then-fifieen year ld child who was semi-unconscious due to ineffective/and or no adult supervision; b. In failing to exercise reasonable care in allowing a party with gross alcohol consumption by minors; «In filing to exercise reasonable care to take appropriate time to maintain compliance ‘with state and local law and/or existing onders; 4. In failing to exercise reasonable care to take steps necessary timely to remove ‘underage grossly intonicated individuals from her premises when Defendant Rushford had, or should have had, actual and/or constructive notice of such conduct, and the corresponding 1Defendant Brian Scott Perry, Irs’ criminal sexual conduct taking place therein, based on the evidence at hand; In failing to exercise reasonable care to properly supervise and monitor tke minor attendees of the party on her premises; f. In failing to exercise reasonable care to provide Plaintiff Jane Doe with proper which protection from inappropriate and/or physi 1, sexual and emotional abuse and conduc ‘occurred at her premise-when Defendant Rushford had actual and/or eonstructive notice of the inappropriate underage alsoholic consumption behavior, and corresponding sexusl assault referenced shove, and failure to take steps to remedy same; In conducting herein an egregious and arbitrary manner; hr In faciitating the physical, sexual and exrationel abuse ofthe Plaintiff Jane Doe: i. Inbreaching her fiduciary duty of trust with regard to Plaintiffs i. In engaging in @ pattem and practice of allowing and/or condoning appallingly inappropriate conduct of grossly intoxicated minor attendees at a party on her premises; Kk. In failing to sufficiently monitor and supervise minor attendees at a party on her premises; |. In failing to have the appropriate policies and procedures in place to provide adequate ‘supervision of said minor attendees; 1m, fa failing to exercise even slight care to protect Plaintiff Jane Doe; and contri, to intentionally inflict emotional distress and psychological harm to Plaintiffs from years of resulting physical and mental damages sesulting from said egregious conduct by allowing 2 ‘criminal actor to rape a then-fifteen year old vietim Jane Doe while semi-unconscious and unable 8to give legal consent thereto at this party on Defendant Rushford’s premises by her aforementioned failures as the premises owner. WHEREFORE, because of the aforementioned outrageous, sickening and disgusting injuries to Plaintiffs at the hands of Defendants, as articulated above and specifically incorporated herein as if repeated verbatim, Plaintifls demand an amount sufficient 1 ‘compensate Plaintiffs for ACTUAL and CONSEQUENTIAL DAMAGES only from Defendants Horry County and Horry County Police Department. ‘The Plaintiffs demand an amount sufficient to compensate Plaintiffs for ACTUAL, CONSEQUENTIAL AND PUNITIVE DAMAGES from Defendant Brian Scott Perry, Ir, Brian Seott Perry and Doe Perry. The Plaintiffs demand an amount sufficient to compensate Plaintiffs for ACTUAL, CONSEQUENTIAL AND PUNITIVE DAMAGES from Defendant Karen A. Rushford. PlaintffS demand all other and futher relief and damages that this Honorable Court deems just and proper. Plaintiffs demand a tril by jury as provided forin the Severth Amendment to the Constitution of the United States of America, Dated this Bass F April, 2016 in Conway, South Carolina. Conway, SC 29526 (843) 488-377 16