Valentine v. South Carolina

• Decision Date: 06 August 2019
• Docket Number: C/A No. 3:18-00895-JFA
• Citation: 611 F.Supp.3d 99
• Parties: The ESTATE OF Latoya Nicole VALENTINE, BY AND THROUGH Debra GRATE, Personal Representative and Debra Grate, in her individual capacity, Plaintiffs, v. The State of SOUTH CAROLINA, the Office of the Governor, Henry D. McMaster, Nimrata "Nikki" Haley, Joshua Baker, Christian Soura, the South Carolina Department of Health and Human Services, the South Carolina Department of Disabilities and Special Needs, the Pickens County Disabilities and Special Needs Board, Mary Poole, Patrick Maley, Lois Park Mole, Susan Beck, Beverly Buscemi, Stanley Butkus, Kathi Lacy, William Barfield, Thomas Waring, Robert Kerr, William Danielson, Elaine Thena, John Owens, and Diane Anderson, Defendants.
• Court: U.S. District Court — District of South Carolina

611 F.Supp.3d 99

The ESTATE OF Latoya Nicole VALENTINE, BY AND THROUGH Debra GRATE, Personal Representative and Debra Grate, in her individual capacity, Plaintiffs,

v.The State of SOUTH CAROLINA, the Office of the Governor, Henry D. McMaster, Nimrata "Nikki" Haley, Joshua Baker, Christian Soura, the South Carolina Department of Health and Human Services, the South Carolina Department of Disabilities and Special Needs, the Pickens County Disabilities and Special Needs Board, Mary Poole, Patrick Maley, Lois Park Mole, Susan Beck, Beverly Buscemi, Stanley Butkus, Kathi Lacy, William Barfield, Thomas Waring, Robert Kerr, William Danielson, Elaine Thena, John Owens, and Diane Anderson, Defendants.

C/A No. 3:18-00895-JFA

United States District Court, D. South Carolina, Columbia Division.

Signed August 6, 2019

Patricia L. Harrison, Patricia Logan Harrison Law Office, Columbia, SC, William Innes Bouton, Wilkins and Bouton, Greenville, SC, for Plaintiffs.

William Henry Davidson, II, Kenneth Paul Woodington, Davidson Wren and Plyler PA, Columbia, SC, for Defendants South Carolina, The State of, South Carolina Department of Disabilities and Special Needs, Patrick Maley, Beverly Buscemi, Kathi Lacy, Thomas Waring, Susan Beck.

Damon C. Wlodarczyk, Riley Pope and Laney, Columbia, SC, for Defendants South Carolina Department of Health and Human Services, Joshua Baker, Christian Soura.

George P. Callison, Jr., Callison Dorn Thomason and Knott, Greenwood, SC, for Defendants Pickens County Disabilities and Special Needs Board, Elaine Thena, John Owens.

Kenneth Paul Woodington, Davidson Wren and Plyler PA, Columbia, SC, for Defendants Office of the Governor, the, Henry D. McMaster, Nimrata Haley, Robert Kerr, Lois Park Mole, William Barfield, William Danielson, Mary Poole, Stanley Butkus.

James Victor McDade, Doyle O'Rourke Tate and McDade, Anderson, SC, for Defendant Diane Anderson.

ORDER

Joseph F. Anderson, Jr., United States District Judge

This matter is before the Court on seven pending Motions to Dismiss the Second Amended Complaint. (ECF Nos. 45, 46, 55, 56, 64, 65, and 73).

I. Procedural History

The forty-three page Complaint originally filed in this case on April 2, 2018, (ECF No. 1), named thirteen defendants and asserted the following five causes of action: (1) violation of the South Carolina Tort Claims Act ("the Act"); (2) violation of the Americans with Disabilities Act ("ADA"); (3) violation of Section 504 of the Rehabilitation Act ("§ 504"); (4) violation of 42 U.S.C. § 1983 (" § 1983"); and (5) quantum meruit.

On July 12, 2018, Defendants South Carolina Department of Health and Human Services, Joshua Baker, and Christian Soura filed a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) on the grounds the Complaint failed to set forth any factual allegations giving rise to any claim upon which relief could be granted. (ECF No. 9).

Thereafter, on August 2, 2018, Plaintiffs timely filed an eighty-two page Amended Complaint, (ECF No. 15), naming twenty-three defendants. The Amended Complaint alleged the following nine causes of action: (1) violation of the Act; (2) violation of the ADA and § 504; (3) violation of § 1983 ; (4) fraud, misrepresentation and fraudulent conversion; (5) violation of § 1985; (6) common law conspiracy; (7) violation of 42 U.S.C. § 1986 ; (8) RICO; and (9) quantum meruit.

On August 22, 2018, Defendants South Carolina Department of Health and Human Services, Joshua Baker, and Christian Soura filed a Motion to Dismiss the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6). (ECF No. 18). That same day, Defendants State of South Carolina, South Carolina Department of Disabilities and Special Needs, Patrick Maley, Beverly Buscemi, Kathi Lacy, Thomas Waring, and Susan Beck ("the State and the SCDDSN Defendants") filed a Motion to Dismiss the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6). (ECF No. 19). On November 28, 2018, this Court denied the two motions to dismiss the Amended Complaint without prejudice. (ECF No. 40). This Court ordered Counsel for Plaintiffs to file a Second Amended Complaint, which complied with Fed. R. Civ. P. 8 and which did not exceed thirty-five (35) pages in length.

Thereafter, on December 3, 2018, Counsel for Plaintiffs filed a "Notice of Withdrawal of State Law Claims"¹ stating that Plaintiffs filed a lawsuit in Pickens County, Court of Common Pleas on November 30, 2018, and Plaintiffs did not intend to litigate the state law claims in this action.² (ECF No. 41). On December 26, 2018, Plaintiffs then filed a Second Amended Complaint. (ECF No. 42).

The Second Amended Complaint, (ECF No. 42), presently the subject to the pending seven motions to dismiss, names the following twenty-three Defendants: (1) The State of South Carolina, (2) the Office of the Governor, (3) Henry D. McMaster, (4) Nimrata "Nikki" Haley, (5) Joshua Baker, (6) Christian Soura, (7) the South Carolina Department of Health and Human Services ("SCDHHS"), (8) the South Carolina Department of Disabilities and Special Needs ("SCDDSN"), (9) the Pickens County Disabilities and Special Needs Board ("PCDSNB"), (10) Mary Poole, (11) Patrick Maley, (12) Lois Park Mole, (13) Susan Beck, (14) Beverly Buscemi, (15) Stanley Butkus; (16) Kathi Lacy, (17) William Barfield, (18) Thomas Waring, (19) Robert Kerr, (20) William Danielson, (21) Elaine Thena, (22) John Owens, and (23) Diane Anderson. The Second Amended Complaint asserts the following five causes of action: (1) violation of the ADA and § 504 of the Rehabilitation Act; (3) violation of § 1983 ; (4) violation of § 1985; (5) RICO.

This matter now is before the Court on the following seven motions to dismiss:

(1) On January 9, 2019, ECF No. 45 was filed by (1) the South Carolina Department of Health and Human Services ("SCDHHS"); (2) Joshua Baker; and (3) Christian Soura pursuant to Fed. R. Civ. P. 12(b)(6) on the ground that the Second Amended Complaint fails to set forth a claim upon which relief can be granted.

(2) On January 9, 2018, ECF No. 46 was filed by Defendants (1) State of South Carolina, (2) South Carolina Department of Disabilities and Special Needs, (3) Patrick Maley, (4) Beverly Buscemi, (5) Kathi Lacy, (6) Thomas Waring, and (7) Susan Beck (referenced herein as the State and the DDSN Defendants) pursuant to Fed. R. Civ. P. 12(b)(6) on the ground that the Second Amended Complaint fails to set forth a claim upon which relief can be granted.

(3) On February 6, 2019, ECF No. 55 was filed by Defendants (1) William Barfield, (2) Stanley Butkus, (3) William Danielson, (4) Robert Kerr & Kerr and Company, and (5) Lois Park Mole pursuant to Fed. R. Civ. P. 12(b)(6) on the ground that the Second Amended Complaint fails to set forth a claim upon which relief can be granted.

(4) On February 6, 2019, ECF No. 56 was filed by (1) Defendant Mary Poole pursuant to Fed. R. Civ. P. 12(b)(4) on the ground of insufficient process.

(5) On March 11, 2019, ECF No. 64 was filed by (1) Defendant the Office of the Governor pursuant to Fed. R. Civ. P. 12(b)(6) on the ground that the Second Amended Complaint fails to set forth a claim upon which relief can be granted.

(6) On March 11, 2019, ECF No. 65 was filed by (1) Defendant Mary Poole pursuant to Fed. R. Civ. P. 12(b)(6) on the ground that the Second Amended Complaint fails to set forth a claim upon which relief can be granted.

(7) On April 3, 2018, ECF No. 73 was filed by Defendants (1) Henry D. McMaster and (2) Nimrata "Nikki" Haley pursuant to Fed. R. Civ. P. 12(b)(6) on the ground that the Second Amended Complaint fails to set forth a claim upon which relief can be granted.

As of May 22, 2019, these seven motions to dismiss were all fully briefed, and thus the motions to dismiss are ripe for review.

II. Factual History

For purposes of these motions, all facts alleged in Plaintiffs’ Second Amended Complaint ("SAC") are accepted as true. This suit is brought by Plaintiff Debra Grate ("Grate"), in her capacity as Personal Representative for the Estate of Latoya Nicole Valentine, who died on September 21, 2017, and by Debra Grate, in her individual capacity as the sister and caregiver of Valentine and as a taxpayer.

Latoya Valentine ("Valentine") was an intellectually and mentally disabled individual who was qualified for and received Medicaid. Valentine, having an IQ of 36, was born on October 11, 1997. Valentine lived in a group home call Jewel CTH II ("Jewel"). Plaintiffs allege that abuse occurred at Jewel. Among other incidents, Plaintiffs allege Valentine was burned by a cigarette on her chest, that she was grabbed by her hair and dragged into a bathroom where she was slapped in the face, and that she was forced to repeatedly walk around an asphalt track despite bruises on her feet, onychomycotic nails, bilateral lesions on the balls of her feet, and aching pain. Plaintiffs also allege other incidents of abuse.

Plaintiffs allege that although Valentine repeatedly asked to return to live with her family, Grate was never informed of the feasible alternative of Valentine receiving personal care attendant or nursing services at home, or that Grate was entitled to be paid to provide personal care attendant services for caring for Valentine in the family home.

Plaintiffs claim that when Grate attempted to remove Valentine from the group home, the house manager retaliated by telling Valentine that her family did not care about her and refusing Valentine's requests to communicate with her family.

Sometime in 2017, Valentine was moved from the group home to her sister Grate's home. Plaintiffs allege Valentine had been diagnosed and treated for hyponatremia

, a condition that can cause rapid brain swelling; however, Grate alleges she was unaware of this condition when Valentine moved home. Valentine passed away on September 21, 2017. Valentine lost consciousness, and fell in the shower at Grate's home, hitting her head. Valentine was transported by ambulance to the hospital where she later passed away. On December 11, 2017, Grate was...