ELECTRONICALLY FILED - 2022 Dec 05 10:24 AM - HORRY - COMMON PLEAS - CASE#2022CP2607797

STATE OF SOUTH CAROLINA ) COURT OF COMMON PLEAS

) CIVIL ACTION NO.: 2022-CP-26-____
COUNTY OF HORRY )

JESSICA MELTON )
)
Plaintiff, )
)
v. )
SUMMONS
)
SURFSIDE BEACH POLICE )
DEPARTMENT and JOHN GAMBONE, )
)
Defendants. )
)
________________________________________ )

TO THE DEFENDANTS 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 said Complaint
in the subscribed to James B. Moore III, EVANS MOORE, LLC, 121 SCREVEN STREET,
GEORGETOWN, SOUTH CAROLINA, 29440 within THIRTY (30) DAYS after the service
hereof, exclusive of the date 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.

s/James B. Moore III

James B. Moore III, SC Bar #74268
Scott C. Evans, SC Bar #77684
EVANS MOORE, LLC
121 Screven Street
Georgetown, SC 29440
(843) 995-5000
(843) 527-4128 Facsimile
[email protected]
[email protected]

Amy S. Lawrence, SC Bar #77242

The Lovely Law Firm
804 N. Oak Street
Myrtle Beach, SC 29577
(843) 839-4111
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(877) 664-9426 Facsimile
Attorneys for the Plaintiff

December 5, 2022
Georgetown, South Carolina

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STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
)
COUNTY OF HORRY ) CIVIL ACTION 2022-CP-26-__________

JESSICA MELTON, )
)
Plaintiff, )
)
v. ) COMPLAINT
) (Jury Trial Requested)
SURFSIDE BEACH POLICE )
DEPARTMENT and JOHN GAMBONE, )
)
Defendants. )
)

The Plaintiff, Jessica Melton, complaining of the Defendants, would respectfully show

unto this Honorable Court as follows:

PARTIES and JURISDICTION

1. The Plaintiff, Jessica Melton, is a resident of Horry County, South Carolina.

2. Defendant Surfside Beach Police Department is a political subdivision of the State

of South Carolina, existing under the laws of the State of South Carolina (as defined by Section

15-78-10 of the Code of Laws of South Carolina (1985), as amended). At all times hereinafter

mentioned in this Complaint, this Defendant Surfside Beach Police Department acted and carried

on its business by and through their agents, servants, and/or employees who were operating within

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

3. Upon information and belief, Sgt. John Gambone is a resident of South Carolina

and was an agent, servant and/or employee of Defendant Surfside Beach Police Department during

the time period set forth in this complaint. For purposes of this action, Defendant Gambone is

being sued in his individual capacity under the color of state law.

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4. Venue is proper as the acts and/or omissions complained of in this lawsuit occurred

in Horry County, South Carolina.

FACTUAL ALLEGATIONS

5. On August 8, 2021, Plaintiff Jessica Melton was riding as a passenger in a vehicle

owned by her when Sgt. John Gambone of the Surfside Police Department activated his blue lights.

6. Shortly after Ms. Melton’s vehicle pulled over, Sgt. Gambone informed Ms. Melton

that she was being arrested in connection with a pending warrant. Upon information and belief,

Sgt. Gambone refused to explain what the warrant was for, but instead proceeded to place her in

handcuffs.

7. As Ms. Melton was being placed in handcuffs she repeatedly asked if she could get

her prescription medications prior to being arrested and taken to jail for processing. In response

to this request, Sgt. Gambone stated that he was “gonna take [her] to the ground and hurt [her]”

for “resisting.” Sgt. Gambone further threatened that was going to take her “down on the ground

face first.”

8. At no time did she pose a risk of flight or of danger to Sgt. Gambone or the public.

Nonetheless, while Ms. Melton’s hands were behind her back, Sgt. Gambone excessively and

violently threw Ms. Melton to the ground, face first, causing her to lose consciousness and suffer

from serious, permanent injuries to her face and brain.

9. The encounter and subsequent assault of Ms. Melton at the hands of Sgt. Gambone

were captured on his body worn camera.1

10. As a result of the violent and excessive assault, Ms. Melton suffered numerous

1
A video clip showing the interaction between Sgt. Gambone and Ms. Melton can be accessed at
https://www.youtube.com/watch?v=tcCcLFk92cs and is incorporated to this Summons and
Complaint by reference.
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injuries including multiple fractures throughout her face, permanent nerve damage, and brain

damage.

11. As a direct and proximate result of these acts and omissions, Ms. Melton suffered

the following injuries and damages:

a. A violation of her Constitutional rights under the Fourth, Eighth, and Fourteenth

Amendment to the United States Constitution and Article 1 of the South Carolina

Constitution to be free from the use of excessive force;

b. Physical pain and suffering and emotional trauma and suffering; and

c. Past and future medical expenses.

FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT SURFSIDE

BEACH POLICE DEPARTMENT
(Negligence/Gross Negligence)

12. The Plaintiff repeats, realleges, and incorporates by reference the factual allegations

above with the same force and effect as if set forth herein.

13. That despite its duty to use due care and to act in a reasonably prudent manner, the

Defendant acted in a negligent, and grossly negligent manner in a number of particulars including but

not limited to:

a. in failing to protect the Plaintiff from harm;

b. in forcefully and excessively assaulting the Plaintiff without legal justification;

c. in failing to properly train and/or supervise its employees, agents and/or staff
(including Defendant Gambone) so as to ensure that the Plaintiff was provided
with proper security and safety during an investigative stop, apprehension,
and/or arrest; or if such training was provided, in failing to properly implement
the same;

d. in failing to implement and follow adequate policies and procedures regarding

traffic stops and arrests;

e. in failing to act with restraint and as a properly trained officer may reasonably

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be expected to act under the circumstances; and

f. in failing to train, supervise, terminate, dismiss, or discipline officers that have

violated policy.

14. Plaintiff’s damages as a result of the above include but are not limited to personal

injury, loss of enjoyment of life, deprivation of liberties, mental and emotional distress, depression,

worry and anxiety, and medical expenses.

15. As a direct and proximate result of the actions of the Defendant, Plaintiff sustained

injuries and incurred actual and consequential damages which she is entitled to recover against the

Defendants.

FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT GAMBONE

(Violation of Civil Rights – 42 U.S.C. § 1983 – Excessive Force)

16. The Plaintiff repeats, realleges, and incorporates by reference the factual allegations

above with the same force and effect as if set forth herein.

17. During the time period in question, Defendant Gambone was acting under the color

or pretense of State law, customs, practices, usage as a licensed law enforcement officer, and had

certain duties imposed upon him with regard to Plaintiff. Additionally, during the time-period in

question, the Defendant was well-aware of the Plaintiff’s constitutional right to be free from

excessive force.

18. The above incident and the Plaintiff’s resulting injuries were proximately caused

by the intentional, reckless, willful, and wanton acts of the Defendant by using unjustified,

excessive, objectively unreasonable, and potentially lethal force against the Plaintiff in violation

of the Fourth, Eighth, and Fourteenth Amendments to the United States Constitution. Such

unjustified use of force constitutes excessive force, cruel and unusual punishment, and a violation

of the right to due process guaranteed by the Fourth, Eighth, and Fourteenth Amendments of the

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United States Constitution.

19. As a direct and proximate result of the Defendant’s act of willful, malicious,

conscious and deliberate indifference, the Plaintiff suffered deprivations of her rights secured by

the Fourth, Eighth and Fourteenth Amendments to the United States Constitution.

20. Plaintiff’s damages as a result of the above include but are not limited to personal

injury, deprivation of liberties, extreme mental and emotional distress, depression, worry and

anxiety, and medical expenses.

21. As a direct and proximate result of the actions of Defendant Gambone, the Plaintiff

is entitled to actual damages, compensatory damages, punitive damages, attorney’s fees under 42

U.S.C. § 1988, and all applicable law, and such additional relief as the Court deems just.

WHEREFORE, Plaintiff prays for judgment against Defendant Surfside Beach Police

Department for ACTUAL and CONSEQUENTIAL DAMAGES. Plaintiff prays for judgment

against Defendant Gambone for ACTUAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES,

as well as ATTORNEYS’ FEES and such additional relief as the Court deems just.

Respectfully submitted,

s/James B. Moore III

James B. Moore III, SC Bar #74268
Scott C. Evans, SC Bar #77684
EVANS MOORE, LLC
121 Screven Street
Georgetown, SC 29440
(843) 995-5000
(843) 527-4128 Facsimile
[email protected]
[email protected]

Amy S. Lawrence, SC Bar #77242

The Lovely Law Firm
804 N. Oak Street

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Myrtle Beach, SC 29577
(843) 839-4111
(877) 664-9426 Facsimile

Attorneys for the Plaintiff

December 5, 2022
Georgetown, South Carolina