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Could you please provide me with some state cases dealing with tort claims of gross negligence in S.C. consisting of state prisoners being held on lockup or segregation? Most recent if possible
Optional Information: Country relating to Question: United States State (if USA): South Carolina Already Tried: Researching but I cant find any prison segregation cases which have been decided by a state tort claim for gross negligence.
The reason is you are searching too narrow as gross negligence is the legal concept and prison segregation is not a legal concept it is a fact of the case. Thus, searching cases for specific facts instead of legal issues or concepts is usually fruitless. There are no inmate segregation specific fact pattern cases in the SC appeals courts and while we are NOT a legal research service as the cost of access to the databases far exceeds the scope of this service, I will provide you with some cases below to at least get you started.The SC courts hold that the performance of discretionary duties does not give rise to immunity if the public official acted in a grossly negligent manner. See Jackson v. South Carolina Dep't of Corr., 301 S.C. 125, 390 S.E.2d 467 (Ct.App.1989) affd, 302 S.C. 519, 397 S.E.2d 377 (1990). Segregation or lock down of prisoners is not really discretionary as it is following rules of the facility for safety of the inmates and security of the facility. "Gross negligence is the intentional, conscious failure to do something which is incumbent upon one to do or the doing of a thing intentionally that one ought not to do." Richardson v. Hambright, 296 S.C. 504, 506, 374 S.E.2d 296, 298 (1988). It is the failure to exercise even the slightest care. Hollins v. Richland County Sch. Dist. One, 310 S.C. 486, 427 S.E.2d 654 (1993). This Court has also defined it as a relative term that "means the absence of care that is necessary under the circumstances." Hicks v. McCandlish, 221 S.C. 410, 415, 70 S.E.2d 629, 631 (1952).
Gross negligence is ordinarily a mixed question of law and fact. See Clyburn v. Sumter County School District # XXXXX 317 S.C. 50, 451 S.E.2d 885 (1994). When the evidence supports but one reasonable inference, it is solely a question of law for the court, otherwise it is an issue best resolved by the jury. Id. In most cases, gross negligence is a factually controlled concept whose determination best rests with the jury.
In Jackson, supra, a jury found the Department of Corrections grossly negligent for placing a prisoner with strong violent tendencies into a minimum security prison, where he killed a fellow inmate. The Court of Appeals found the Department of Corrections transferred the inmate even though they knew he had multiple disciplinary violations, including the killing of a fellow inmate. The Court of Appeals held the jury could view the transfer as gross negligence since it demonstrated a "conscious indifference to the threat posed to the safety of other inmates." Jackson, 301 S.C. at 125, 390 S.E.2d at 468.
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