Tarashuk Complaint

ELECTRONICALLY FILED - 2019 Jul 31 2:02 PM - ORANGEBURG - COMMON PLEAS - CASE#2019CP3801037
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF ORANGEBURG Civil Action No: 2019-CP-_____________
PAUL TARASHUK, PERSONAL

REPRESENTATIVE OF THE ESTATE OF
PAUL DAVID TARASHUK, DECEASED,
SUMMONS
Plaintiff, (Jury Trial Demanded)
v.
ORANGEBURG COUNTY;
ORANGEBURG COUNTY EMERGENCY
MEDICAL SERVICES; DANNY RIVERS,
INDIVIDUALLY AND IN HIS OFFICIAL
CAPACITY AS THE DIRECTOR OF
MEDICAL SERVICES; THE
ORANGEBURG COUNTY SHERIFF’S
OFFICE; LEROY RAVENELL,
CAPACITY AS THE SHERIFF OF THE
ORANGEBURG COUNTY SHERIFF’S
OFFICE; THE SOUTH CAROLINA
DEPARTMENT OF PUBLIC SAFETY;
LEROY SMITH, INDIVIDUALLY AND IN
HIS OFFICIAL CAPACITY AS THE
AGENCY DIRECTOR OF THE SOUTH
CAROLINA DEPARTMENT OF PUBLIC
SAFETY; THE TOWN OF SANTEE; THE
SANTEE POLICE DEPARTMENT; JOSEPH
SERRANO, INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS THE CHIEF OF
POLICE OF THE TOWN OF SANTEE;
JAMIE D. GIVENS; ALISON K. B.
HARMON; CLIFFORD A. DOROSKI;
FRED D. RICE; BUIST M. SMITH; AND
KEITH A. CLINE.,
Defendants.
TO: THE DEFENDANTS ABOVE NAMED:
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YOU ARE HEREBY SUMMONED and required to Answer the Complaint in this action,
a copy of which is herewith served upon you, and to serve a copy of your Answer to said Complaint
on the subscriber at his Office at 1517 Hampton Street, Columbia, South Carolina, 29201, within
thirty (30) days from 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/Russell T. Burke _______

Russell T. Burke, Esq. Bar #1024
McGowan, Hood & Felder, LLC
1517 Hampton Street
Columbia, South Carolina 29201
T: (803) 779-0100
F: (803) 787-0750
rburke@mcgowanhood.com
ATTORNEY FOR PLAINTIFF

Columbia, South Carolina
July 31, 2019
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STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF ORANGEBURG Civil Action No: _____________
PAUL TARASHUK, PERSONAL

REPRESENTATIVE OF THE ESTATE OF PAUL
DAVID TARASHUK, DECEASED,
COMPLAINT
Plaintiff, (Jury Trial Requested)
vs.
ORANGEBURG COUNTY; ORANGEBURG

COUNTY EMERGENCY MEDICAL SERVICES;
DANNY RIVERS, INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS THE DIRECTOR OF
MEDICAL SERVICES; THE ORANGEBURG
COUNTY SHERIFF’S OFFICE; LEROY
RAVENELL, INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS THE SHERIFF OF THE
ORANGEBURG COUNTY SHERIFF’S OFFICE;
THE SOUTH CAROLINA DEPARTMENT OF
PUBLIC SAFETY; LEROY SMITH,
CAPACITY AS THE AGENCY DIRECTOR OF
THE SOUTH CAROLINA DEPARTMENT OF
PUBLIC SAFETY; THE TOWN OF SANTEE; THE
SANTEE POLICE DEPARTMENT; JOSEPH
SERRANO, INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS THE CHIEF OF POLICE
OF THE TOWN OF SANTEE; JAMIE D. GIVENS;
ALISON K. B. HARMON; CLIFFORD A.
DOROSKI; FRED D. RICE; BUIST M. SMITH;
AND KEITH A. CLINE,
Defendants.
The Plaintiff, by and through his undersigned counsel, complaining against the
Defendants, hereby allege as follows:

INTRODUCTION
1. Paul Tarashuk was traveling southbound on I-95 when his pickup truck was run
off of an on-ramp near Santee, South Carolina. Paul underwent a schizophrenic event. Suffering
from some delusion, he stripped off of all his clothes and hopped onto the catwalk of a tractor-
trailer that was parked on the on-ramp. The trucker took off, and Paul traveled eleven miles
down I-95 on the catwalk. Paul then pulled off the brake lines of the truck, forcing the trucker to
stop. After climbing all over the cab, Paul then jumped out into traffic on I-95 and was nearly
killed. When Santee police officers, Paul was incoherent. He did not seem to know that he was
naked. He spoke gibberish.
2. Eventually Highway Patrol and Orangeburg sheriff deputies arrived. Paul’s
explanations for why he was naked made no sense. Paul finally just stopped talking. The Santee
officers, the Highway Patrolmen, and the Orangeburg deputies all could tell the obvious: that
Paul had some sort of mental impairment. They told Paul that he would go to jail and be held
until he could be identified.
3. No one from law enforcement, however, wanted to take the responsibility either
to lead the investigation or to address Paul’s obvious medical needs. Highway Patrol eventually
asked the Orangeburg Sheriff’s deputy to take over. The deputy wanted no part of it. He had left
the scene earlier without even informing Highway Patrol. When he was called back, he said this
was “stupid shit.” He was angry about Highway Patrol “not doing their job as usual.” He did not
know why Highway Patrol could not “do his or her job on the highway.” He told the Santee
police officers that this was getting passed down to him, and Paul “ain’t going to jail, I promise
you that. He ain’t my fish. I ain’t cleaning it. I get him some medical help. All I’m doing. That’s
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not acceptable.” Santee police said nothing.
4. Orangeburg EMS was called to the scene. The EMTs stuck an ammonia inhalant
up Paul’s nose, mocked him for not responding to questions, and took Paul’s vital signs. That
was the sum total of the “medical help” offered to Paul.
5. Paul was obviously an altered mental state. He did not have the ability to refuse
care. The EMTs however, gave him the “choice” of going to the hospital or going to jail. Paul
shook his head to both of these choices, so the Orangeburg deputy told Paul that he was “going
with him.”
6. Instead of taking Paul to jail, where he would be held until he could be identified,
or transporting him to the hospital himself, the deputy simply drove Paul back to Santee and let
him off in a gas station parking lot at 2:00 in the morning. Paul had no shirt, no shoes, no wallet,
no cell phone, and no identification. He did not know where he was.
7. Four hours later, Paul was once again naked and running down the middle of I-95
southbound, a short distance from the gas station. A trucker called 911 and said that he almost hit
the man, who was “definitely mentally ill.” Two minutes later, Mr. Tarashuk was hit and killed
by a passing motorist.
8. This should never have happened. Paul had been naked riding on the catwalk of a
tractor-trailer on I-95. He had pulled the air brake line. He had almost been killed by jumping out
in traffic. He gave no coherent answers to questions. He obviously needed a mental evaluation.
Paul had posed a threat to himself, and had been a threat to drivers on I-95. Paul should have
been transported to the hospital for a mental evaluation. Four different state agencies failed to do
so.
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9. Orangeburg EMTs failed to do their job. They violated standing orders and
protocols by failing to transport a patient with an altered mental status to the nearest hospital for
appropriate assessment and treatment. The EMTs were deliberately indifferent to Paul’s mental
condition.
10. The Highway Patrolman failed to do his job. He should not have passed off the
investigation to the Orangeburg Sheriff’s deputy, and was deliberately indifferent to Paul’s
mental condition.
11. The Orangeburg Sheriff’s deputy failed to do his job. He should have transported
Paul to the hospital for a mental evaluation, but instead just dropped him off in a parking lot late
at night. The deputy was deliberately indifferent to Paul’s mental condition.
12. The Santee Police officers failed to do their job. They should have intervened
when they knew that the Orangeburg deputy was angry and refusing to take Paul to jail. They
should have been clear about what “medical help” the deputy had in mind since EMS obviously
could not treat someone in Paul’s condition. They, too, were deliberately indifferent to Paul’s
mental condition.
13. Paul’s death was entirely unnecessary and was proximately caused by the
Defendants’ reckless and conscious disregard for his life and safety.
PARTIES
14. The Plaintiff, Paul Tarashuk, is the Personal Representative of the estate of his
son, Paul David Tarashuk (herein, “Mr. Tarashuk”). The Plaintiff is a citizen and resident of the
State of New Jersey.
15. Defendant Orangeburg County is a political subdivision of the State of South
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Carolina. Orangeburg County operates the Orangeburg County Sheriff’s Office and the
Orangeburg County Emergency Medical Services. Orangeburg County is sued under the South
Carolina Tort Claims Act for liability resulting from the actions and inactions of its employees,
acting within the scope and course of their employment.
16. Defendant Orangeburg County Emergency Medical Services (“OCEMS”) is a
political subdivision of the State of South Carolina and is sued under the South Carolina Tort
Claims Act for liability resulting from the actions and inactions of its employees, acting within
the scope and course of their employment, and is also sued for negligent hiring.
17. Defendant Danny Rivers (hereinafter, “Rivers”) is the Director of the OCEMS,
and is responsible for supervising, operating and managing OCEMS. He is sued under federal
law individually and in his official capacity for the failure to supervise and train employees of
OCEMS, including but not limited to Defendants Alison Harmon and Jamie Givens, in assessing
and treating patients in an altered mental state.
18. Defendant Orangeburg County Sheriff’s Office (“OCSO”) is a political
subdivision of the State of South Carolina and is sued under the South Carolina Tort Claims Act
for liability resulting from the actions and inactions of its employees, acting within the scope and
course of their employment.
19. Defendant Leroy Ravenell (hereinafter “Ravenell”) is the Sheriff of the OCSO,
and is responsible for supervising, operating and managing OCSO. He is sued under federal law
individually and in his official capacity for the failure to supervise and train employees of
OCSO, including but not limited to the Defendant Clifford Doroski, in assessing citizens in their
custody who are in an altered mental state and transporting them for appropriate mental
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evaluation.
20. Defendant South Carolina Department of Public Safety (hereinafter, “SCDPS”) is
a political subdivision of the State of South Carolina. SCDPS operates the South Carolina
Highway Patrol. SCDPS is sued under the South Carolina Tort Claims Act for liability resulting
from the actions and inactions of its employees, acting within the scope and course of their
employment.
21. Defendant Leroy Smith is the Agency Director of the SCDPS, and is responsible
for supervising, operating and managing the SCHP. He is sued under federal law individually
and in his official capacity for the failure to supervise and train employees of SCDPS, including
but not limited to the Defendant Fred D. Rice, in assessing citizens in their custody who are in an
altered mental state and transporting them for appropriate mental evaluation.
22. Defendant Town of Santee (hereinafter, “Santee”) is a political subdivision of the
State of South Carolina. Santee operates the Santee Police Department. Santee and the Santee
Police Department are sued under the South Carolina Tort Claims Act for liability resulting from
the actions and inactions of its employees, acting within the scope and course of their
employment.
23. Defendant Joseph Serrano (hereinafter, “Serrano”) is the Chief of Police of the
Santee Police Department, and is responsible for supervising, operating and managing the Santee
Police Department. He is sued under federal law individually and in his official capacity for the
failure to supervise and train employees of the Santee Police Department, including but not
limited to the Defendants Buist M. Smith and Keith A. Cline, in assessing citizens in their
custody who are in an altered mental state and transporting them for appropriate mental
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evaluation, and in properly assisting other law enforcement agencies in investigations.
24. Defendant Alison K. B. Harmon (hereinafter, “Harmon”), is, upon information
and belief, a citizen and resident of Orangeburg County, South Carolina, and at all times relevant
hereto, was acting under color of state law and in the course of her employment as a paramedic
with OCEMS. She is sued in her individual capacity for compensatory and punitive damages
under Federal law.
25. Defendant Jamie D. Givens (hereinafter, “Givens”), is, upon information and
belief, a citizen and resident of Orangeburg County, South Carolina, and at all times relevant
hereto, was acting under color of state law and in the course of her employment as an Emergency
Medical Technician with OCEMS. She is sued in her individual capacity for compensatory and
punitive damages under federal law.
26. At all times mentioned herein, Harmon and Rice were acting under color of law
and within the scope and course of their employment with OCEMS.
27. Defendant Clifford A. Doroski (hereinafter “Doroski”), is, upon information and
belief, a citizen and resident of Orangeburg County, South Carolina, and at all times relevant
hereto, was acting under color of state law and in the course of his employment as a deputy with
the OCSO. He is sued in his individual capacity for compensatory and punitive damages under
federal law.
28. At all times mentioned herein, Doroski was acting under color of law and within
the scope and course of his employment with the OCSO.
29. Defendant Fred D. Rice (hereinafter, “Rice”), is, upon information and belief, a
citizen and resident of Orangeburg County, South Carolina, and at all times relevant hereto, was
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acting under color of state law and in the course of his employment as a deputy with the South
Carolina Highway Patrol. He is sued in his individual capacity for compensatory and punitive
damages under federal law.
30. At all times mentioned herein, Rice was acting under color of law and within the
scope and course of his employment with the South Carolina Highway Patrol.
31. Defendant Buist M. Smith (hereinafter, “Smith”), is, upon information and belief,
a citizen and resident of Santee, South Carolina, and at all times relevant hereto, was acting
under color of state law and in the course of his employment as a deputy with the Santee Police
Department. He is sued in his individual capacity for compensatory and punitive damages under
federal law.
32. Defendant Keith A. Cline (hereinafter, “Cline”), is, upon information and belief, a
citizen and resident of Santee, South Carolina, and at all times relevant hereto, was acting under
color of state law and in the course of his employment as a deputy with the Santee Police
Department. He is sued in his individual capacity for compensatory and punitive damages under
federal law.
33. At all times mentioned herein, Smith and Cline were acting under color of law
and within the scope and course of their employment with the Santee Police Department.
34. Punitive damages are not sought against any Defendants for the South Carolina
Tort Claims Act causes of action.
35. The negligent and grossly negligent, reckless, and willful acts and omissions of all
Defendants includes their agents, principals, employees and/or servants, both directly and
vicariously, pursuant to principles of non-delegable duty, apparent authority, agency, ostensible
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agency and/or respondent superior and the acts and/or omissions of the above-named Defendants
were the direct and proximate cause of the injuries, damages and losses of the Plaintiff.
JURISDICTION AND VENUE
36. The events that give rise to this litigation arose in Orangeburg County, South
Carolina.
37. Jurisdiction is founded upon South Carolina common law and pursuant the South
Carolina Tort Claims Act S.C. Code Ann. § 15-78-10, et seq.
38. Plaintiff further invokes this Court’s concurrent jurisdiction to hear claims arising
under the First, Fourth and Fourteenth Amendments of the United States Constitution and
brought pursuant to 42 U.S.C. §§ 1983 and 1988 against Defendant Doroski.
JOINT AND SEVERAL LIABILITY
39. The above-named non-state tort claims Defendants are jointly and severally liable
for all damages alleged herein since their acts and omissions, singularly or in combination, are
the direct and proximate cause of Plaintiff’s damage, injuries and harms and losses.
FACTUAL ALLEGATIONS
40. Mr. Tarashuk grew up with his family in Mason, Ohio, before moving to New
Jersey. He graduated from high school in 2012.
41. At age 17, while in High School, Mr. Tarashuk was driving home and noticed an
elderly woman turn off of his street and onto a major highway into oncoming traffic. He knew
that the woman would probably cause a serious accident. Without time to think about his actions,
Mr. Tarashuk followed the woman onto the highway, trying to get her to drive her car to the side
of the road. After chasing the woman the wrong way on the highway, Mr. Tarashuk was able to
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maneuver her car off the road and out of danger. He stayed with her until her family arrived at
the hospital. For his actions, he received a resolution from East Amwell township, a meritorious
award from the New Jersey State Police, a letter of appreciation from President Obama, and the
2010 Citizen of the Citizen of the Year from the Hunterdon County 200 Club.
42. At age 18, Mr. Tarashuk was diagnosed with schizoaffective disorder, a chronic
mental health condition characterized primarily by symptoms of schizophrenia, such as
hallucinations or delusions, and symptoms of a mood disorder, such as mania and depression.
Although he had been hospitalized a few times, his disorder had been successfully managed
medically, although when his drug dosages had been lowered he displayed manic behaviors.
43. In August 2018, Mr. Tarashuk moved from his home in Raritan Township, New
Jersey to an apartment in Lewes, Delaware. He was employed as a roofer, and had recently
graduated from North Jersey Dog Grooming school in Chatham, New Jersey.
44. On September 9, 2018, Mr. Tarashuk traveled southbound on Interstate 95 in his
new GMC Sierra pickup truck. He was traveling with his two therapy dogs.
45. Mr. Tarashuk stopped to purchase gas in Emporia, Virginia at approximately 4:36
p.m. There was a major traffic jam in that area about that same time.
46. Between 9:00 and 11:00 p.m., Mr. Tarashuk was run off the road on the I-95
South on-ramp from South Carolina Route 301 (exit 97), just south of Santee, South Carolina.
His pickup truck was damaged in several places.
47. Around this same time, Mr. Tarashuk suffered a schizophrenic event. He left his
pick-up truck in a ditch, along with his two dogs. He took off all of his clothes.
48. At some point shortly thereafter, Harold Potter parked his tractor-trailer on this
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same I-95 on-ramp from Route 301 in order to urinate.
49. Mr. Potter saw Mr. Tarashuk in his headlights running in front of his truck, naked.
As he was running towards the tractor-trailer, Mr. Tarashuk pointed to the side of the truck. Mr.
Potter became frightened and decided to take off down I-95 south.
50. Mr. Tarashuk then jumped on to the catwalk behind the cab of Mr. Potter’s
tractor-trailer as Mr. Potter was taking off.
51. At approximately 11:01 p.m., Mr. Potter called 911 and reported that he thought a
naked man was riding behind his cab. He was passing mile marker 95 at the time.
52. The Highway Patrol dispatcher noted the location at the interchange of I-95 and
Route 301.
53. At approximately 11:10 p.m., Mr. Potter called 911 again and reported that
“There’s a guy on my truck that just pulled my air brake lines.” He was then transferred to the
Highway Patrol dispatcher and reported that a naked man may be cutting his brake lines.
54. Mr. Potter pulled off to the side of I-95 southbound near mile marker 86, near the
interchange between I-95 and I-26. Mr. Tarashuk had ridden approximately 11 miles naked on
the catwalk of Mr. Potter’s 18-wheeler.
55. The Highway Patrol dispatcher called the Orangeburg County Sheriff’s Office to
ask for help, stating that it looked like a “naked Hispanic male has jumped on his catwalk on his
truck and has cut his brake lines….He was banging on his truck…He has no brakes anymore….”
The Sheriff’s Office dispatcher said that they would send a unit. The Santee Police were also
called to assist.
56. At approximately 11:19 p.m., Mr. Potter described to the Highway Patrol
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dispatcher that the man was crawling under the truck, messing with the truck, on top of the truck,
sliding down the windshield, grabbing the windshield wipers, trying to get into the cab through
the passenger door, waving at passing vehicles, and pounding on the truck.
57. Mr. Potter took photographs of Mr. Tarashuk hanging upside down looking into
the cab of his truck. It appeared to Mr. Potter that Mr. Tarashuk had a “death wish in his eyes.”
Mr. Potter was afraid for Mr. Tarashuk’s safety.
58. At approximately 11:26 p.m., Highway Patrol received two calls from drivers on
I-95 southbound at the I-26 interchange concerning a naked man. One caller said that the man
was “trying to flag” him down. Both almost hit him. Likewise, Mr. Potter reported that “now he
is on the road and almost got hit by a tractor-trailer.”
59. At approximately 11:28 p.m., Santee Police Officers Smith and Cline parked their
patrol cars behind Mr. Potter’s tractor-trailer, got out and walked toward the tractor-trailer. At
that point, Mr. Tarashuk was sitting on top of the cab. Both officers had body-cameras that
recorded the subsequent events.
60. Officer Cline asked Mr. Tarashuk to come down off of the cab. Mr. Tarashuk
complied. The officers then questioned Mr. Tarashuk.
61. Mr. Tarashuk stated that he was “fixing my truck.” He did not seem to know that
he was naked. Officer Cline asked Mr. Tarashuk “How come you got no clothes on right now?”
Mr. Tarashuk just shrugged.
62. Mr. Tarashuk stated that he was “trying to get back in my truck. My driver’s in
there. Sorry about that.” The officers then talked to Mr. Potter, with Mr. Tarashuk standing,
naked next to the tractor-trailer. Mr. Potter said that Mr. Tarashuk had jumped on the back of his
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truck on the catwalk and had later started pulling the air lines. Mr. Tarashuk then started walking
around, and tried to go behind the cab. The officers directed him to stand by the door of the
truck.
63. Officer Cline asked Mr. Tarashuk, “Where do you live?” Mr. Tarashuk stretched
up his arms up, pointed and looked up to the sky. Mr. Tarashuk then said, “You know what? I
am from the sky.”
64. Officer Cline then asked Mr. Tarashuk if he was “taking anything? Medicine?
Medication?” Mr. Tarashuk denied taking anything. Again he asked him: “So how come you
have no clothes on right now?” Mr. Tarashuk just shook his head and looked away.
65. When Officer Cline asked Mr. Tarashuk for his name, Mr. Tarashuk just smiled
and stretched his arms, and eventually said his first name was “D.” Then he spoke gibberish.
66. At that point the Santee officers had Mr. Tarashuk turn around and placed him in
handcuffs, telling him that he was being detained. For the next forty-seven minutes, Mr.
Tarashuk had handcuffs on, at which point he was placed in a patrol car.
67. Mr. Potter told the officers that he had pulled off at an exit to take a break. He was
talking on his phone and that the “next thing I know this guy’s in my headlights running at me.”
Mr. Potter said that he just took off, and then the man pointed to the back of Mr. Potter’s truck
and just “disappeared.” Then the man started “jumping up and down on my truck.” At that point,
Mr. Potter called 911. He could not identify the precise exit where Mr. Tarashuk had jumped
onto his truck.
68. When Officer Smith was talking with Mr. Potter, Officer Cline turned back to
Mr. Tarashuk and said “What’s going on? Talk to me. You’re not on anything. You’re standing
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out here on the side of 95 not dressed, not clothed, you’re back here. What’s going on?” Mr.
Tarashuk said that he was “just trying to plug his truck in. That’s all.” Officer Cline asked if “it
was plugged in already, why’d you touch it?” Mr. Tarashuk said that he jumped on the truck
“and go for a ride…get me there on time.”
69. Officer Cline then asked Mr. Tarashuk where he lived, and said he lived “down
the road” in “Charles China Town.” Then he repeated “Charles. China.” Then he said more
gibberish and swear words. Then he said, “You know what, let me walk my vegetation back to
the woods and then trying to do bonzilla, bomb uh, karate dildo, fez-dispensing, ummm.” Then,
“You guys had uh…starbombing, bombfuckening, cliffsiding, redirecting.”
70. At that point Officer Cline just said, “OK, just stay right there.” Mr. Tarashuk
tried to walk away, but he was told to stay next to the truck.
71. Officer Cline believed that Mr. Tarashuk had taken drugs, and asked Mr.
Tarashuk if he had taken any. Again, Mr. Tarashuk denied taking any kind of drugs. Officer
Cline examined Mr. Tarashuk’s eyes to see if his eyes were dilated.
72. Officer Cline asked where Mr. Tarashuk’s clothes were. Mr. Tarashuk smiled and
said that he walked through the woods naked. He said that he had been in the back of the cab and
that the driver had kicked him out.
73. Mr. Tarashuk told the officers that his clothes were inside the cab. Officer Smith
looked inside the cab from the steps of the cab.
74. Mr. Tarashuk told Officer Smith that his name was David. He never gave a last
name.
75. At approximately 11:38 p.m., Patrolman Rice of the South Carolina Highway
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Patrol came to the scene. Patrolman Richardson also came to the scene.
76. Patrolman Rice talked with Mr. Potter and then with Officer Cline. Officer Cline
summarized what they had found out, stating that Mr. Tarashuk was “not coherent” and
“definitely … a mental subject of some sort.”
77. Mr. Potter provided some red shorts to put on Mr. Tarashuk. The officers then
walked Mr. Tarashuk over to a patrol car behind the tractor-trailer. At that point, Orangeburg
Deputies Clifford Doroski and Howell came to the scene. Deputy Doroski also had a body-
camera that recorded the events. Deputies Doroski and Howell observed the other officers and
Mr. Tarashuk from a distance away.
78. Patrolman Rice then interviewed Mr. Tarashuk, with Officers Smith and Cline
standing around him. Patrolman Rice repeatedly asked Mr. Tarashuk for his name, and to tell
him what happened. Mr. Tarashuk only replied that he was “David” and that he operated the
truck. He said that there had been an accident, that the trucker had kicked him out of the truck,
and that he had “tried to plug the truck back up.” He asked Patrolman Rice to “drive him
back…”
79. Patrolman Rice said, “The only place you’re going right now is to jail for public
and disorderly conduct. So, go ahead and come clean with me about what’s going on tonight.”
80. Mr. Tarashuk could not or would not answer the officers’ questions. At one point
he said that he had parked his truck and had to get “back to the truck.” Then he said that the
tractor-trailer was his truck. He said he had identification in the truck.
81. Mr. Tarashuk told Patrolman Rice that he would show him where his
identification was, and Patrolman Rice responded, “You don’t understand. You are detained at
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this moment, OK? You tell me where’s it at, I’ll go look.”
82. Meanwhile, Deputy Doroski and Deputy Howell were still observing the
interrogation of Mr. Tarashuk from a short distance away. Doroski criticized the other officers’
handling of Mr. Tarashuk. He said to Deputy Howell, “Time to ask for a DRE [i.e., Drug
Recognition Evaluation].” He also said, “If he tells him he’s going to jail for disorderly conduct
he’s under arrest; he’s not detained.”
83. Patrolman Rice and Officer Cline then went to interview Mr. Potter. Mr. Potter
told Patrolman Rice what had happened and also showed him his photograph of Mr. Tarashuk
hanging upside down looking into his cab. Then Patrolman Rice searched the inside of cab for
any evidence of Mr. Tarashuk’s belongings.
84. Mr. Tarashuk sat down on the grass. At that point, Patrolman Richardson tried to
talk to Mr. Tarashuk, but Mr. Tarashuk made no response. Instead, he laid down in the grass, and
then started scooting backward on the grass away from the patrol car.
85. Observing this, Doroski said to Deputy Howell, “Time to call a DRE on that boy.
That’s what you call under the influence.” Patrolman Richardson and Officer Smith then stood
Mr. Tarashuk up and had him sit in front of the Santee Police patrol car on the emergency lane of
I-95, where he remained for the next forty minutes.
86. Doroski then said to himself, “Secure him somewhere…Jesus, watch him run all
over the damn interstate…” He then said to Deputy Howell, “Now we’re gonna put him in the
road. He gonna run out into traffic and I ain’t part of it. Secure that man inside a vehicle.”
Deputy Doroski did not state his safety concerns to the other officers present.
87. Doroski did not want to be involved in the investigation involving Mr. Tarashuk,
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making it very clear by his comments to Deputy Howell.
88. Patrolman Richardson asked Mr. Tarashuk, “You upset or something?” Doroski
said mockingly to Deputy Howell: “’You upset?’ No, he’s under the influence. Nobody can see
that? Am I the only one who can see that? I’m pretty sure you can.”
89. Deputy Richardson told Mr. Tarashuk that he was going to jail as a “John Doe” so
that they could identify him.
90. Doroski said to Deputy Howell that Mr. Tarashuk was “not making any sense
when he talks, he’s under the influence of something.”
91. Deputy Doroski later submitted an Incident Report that stated falsely stated that
“Shortly after another Highway Patrolman had arrived on scene. These units were asking this
victim a variety of questions that I could not hear because of the highway traffic.” Doroski not
only could hear, he mocked what he was hearing.
92. Patrolman Rice, Officer Cline and Mr. Potter then walked back to the patrol car.
Mr. Potter told Patrolman Rice that Mr. Tarashuk “jumped out in front of a tractor-trailer;
jumped out in front of a car.”
93. Officer Cline got Mr. Potter’s phone number and then went over to where Deputy
Doroski and Deputy Howell were standing and said, “You know who he is? He told me, ‘I’m
from [speaks gibberish].’‘I said, ‘What the heck is that?’ He said, ‘Well, it’s from China.’ I said,
‘What?’ I just said, ‘Don’t even say no more.’ Made searching easy.” Doroski laughed, and said,
“Looks like a John Doe to me.” Officer Cline agreed.
94. Officer Cline, looking at Mr. Tarashuk, commented that “He’s on something; he
ain’t normal…No, he’s on something. Looks like a John Doe to me.”
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95. Patrolman Richardson then told Mr. Tarashuk that as an unidentified “John Doe,”
“you ain’t getting released.” Officer Cline agreed: “That’s right. Can’t have a bond hearing on a
John Doe.”
96. Shortly thereafter, Deputies Doroski and Howell left the scene without saying
anything to Patrolman Rice or to the Santee police officers. They had only stayed for about
eighteen minutes. Doroski later wrote in his Incident Report that "Deputy Howell was talking
with another Highway Patrolman and he had stated to me that we can leave." At no point,
however, as shown on the video, did either Patrolman Richardson or Patrolman Rice ever tell
Deputy Howell that they could leave the scene.
97. Meanwhile, Patrolman Rice made a call to his superior officer, a corporal, to
apprise him of the situation. Patrolman Rice turned off his microphone so this call would not be
recorded.
98. While Patrolman Rice was on the phone with his corporal, Offer Cline was
talking with Patrolman Richardson. Officer Cline said that Mr. Tarashuk was “on something”
and “he ain’t normal, he’s on something. Looks like a John Doe to me.” Richardson agreed. He
told Mr. Tarashuk that “until you get identified, you ain’t getting released.” Officer Cline agreed:
“That’s right. Can’t have a bond hearing on a John Doe.” Officer Cline explained to Patrolman
Richardson what the trucker had told him. He commented that “I had a whole different scenario
in my head,” implying that he thought that Mr. Potter and Mr. Tarashuk had a sexual encounter.
Patrolman Richardson agreed.
99. Patrolman Rice then came back and was surprised that the Orangeburg deputies
had left the scene. He asked the Santee officers to call the Sheriff (i.e., Deputy Doroski) to have
- 18 -
him come back. He asked, “What’d they leave for?” Officer Cline said, “They just left. They just
left.” Patrolman Rice, on the instruction of his commanding officer, wanted the Sheriff’s office
to take over the investigation and handle Mr. Tarashuk.
100. Officer Smith called Deputy Doroski to ask him to return. Doroski asked Officer
Smith if Highway Patrol advised what they needed. Officer Smith asked Patrolman Rice if they
needed the Sheriff deputy to provide “transport” for Mr. Tarashuk. Patrolman Rice said that they
“want to see if its possibly something they’re going to handle.” Officer Smith relayed that to
Doroski.
101. Doroski told the dispatcher to tell Santee Police to “… just detain him [Mr.
Tarashuk] and advise him he’s going to be under arrest for disorderly conduct…”
102. Meanwhile, in another attempt to get Mr. Tarashuk to say his name, Officer Cline
explained to Mr. Tarashuk that he “was going to jail under John Doe” and that “If you go to jail
under John Doe, until they find out who you are, you will not be released. Do you understand
that? So if you give me your name we can work this a little faster. What’s your name, boss?
What’s your name? Do you know where you’re at? Do you know where you’re at right now?”
Mr. Tarashuk made no response.
103. Cline commented that “if he’s been picked up before, his prints are in the system.
They’ll find out who he is.” Patrolman Richardson nodded in agreement.
104. Officer Cline asked Mr. Tarashuk how much he had to drink today. Mr. Tarashuk
made no response. Officer Cline told Patrolman Rice, “When we came up, I says, ‘where’s your
clothes?’ He says, ‘I got clothes on.’ What kind of drugs does this? What kind of drugs?”
105. Patrolman Rice responded that it could be a hallucinogen, and that he did not
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smell marijuana. Cline agreed and said he did not smell alcohol.
106. Officer Smith commented that he’s“lucky he didn’t get run over.”
107. Doroski called Officer Smith over the radio, and asked Officer Smith to call him
back on his phone. Officer Smith walked back to his patrol car and called Doroski. Doroski
immediately started complaining about Highway Patrol, leaving him with this “stupid shit.”
Officer Smith noted that Mr. Tarashuk was “out on Cloud 9,” and said that they were trying to
figure out where Mr. Tarashuk’s vehicle was located.
108. Meanwhile, Mr. Potter was talking with Officer Cline and Patrolman Rice. Mr.
Potter told Officer Cline that “I thought I might see the guy get hit” by a car or a semi-truck.
Officer Cline said, “Oh, yeah, he’d be dead. He’d be road tar.”
109. Patrolman Rice said to Patrolman Richardson, “I can’t understand why
[Orangeburg deputies] left. I didn’t get a chance to talk to anybody.” Richardson did not reply.
110. Officer Smith then got out of his patrol car and told the other officers that
“County’s trying to figure out what we’re going to do with him, and if he’s got a vehicle parked
somewhere with his clothes in it. What I explained to him, maybe they can look to see if they can
find the vehicle.” Patrolman Rice said that “if he can come here and help us out with it, we can
go down there and check. I was hoping they was going to talk with me before they left.”
111. Despite Mr. Potter later telling Officer Cline and Deputy Doroski that he could
call his trucking company dispatcher to determine via GPS the exact exit where he had stopped,
neither the Orangeburg deputies, nor the Highway Patrolmen, nor the Santee Police officers ever
made any significant effort to locate the correct exit where Mr. Tarashuk had jumped onto the
tractor-trailer. If they had done so, they would have found Mr. Tarashuk’s GMC Sierra with his
- 20 -
driver’s license and identifying information. This despite Patrolman Rice saying that if the
Sheriff’s deputy could help them out, he could “go down there and check (the exit).”
112. The Santee officers then talked to Mr. Potter about finding out Mr. Tarashuk’s
identity. Officer Smith said that Highway Patrol would figure it out. Officer Cline said, “when he
gets to jail” they would then have fingerprints to figure it out.
113. Deputies Doroski and Howell then arrived back at the scene. Doroski was visibly
upset. Officer Cline said to Patrolman Richardson, “I don’t think he’s happy.” Richardson
laughed.
114. Patrolman Rice summarized the situation to Doroski and said that he thought that
Mr. Potter and Mr. Tarashuk had a sexual encounter. Doroski said that he “pulled up to Fantasy
Land” which is a sex store off the Route 301 exit. Deputy Howell agreed.
115. As he walked back to interview Mr. Potter, Doroski complained about the Santee
Police, stating “These darn municipalities that do these assists, they don’t what the heck they’re
doing. They don’t understand the word assist. They’re going to detain somebody and they’re
wanting us to clean the mess up.”
116. Doroski then interviewed Mr. Potter, who told Doroski and Officer Smith
essentially the same story he had told the 911 operator, the Santee police, and Highway Patrol.
He noted that after he had stopped his tractor-trailer, Mr. Tarashuk “gets out on the highway, he
almost gets hit be a semi, then another car, like he’s trying to get hit. And I thought I was going
to see him get run over.”
117. Meanwhile, Deputy Howell, Officer Cline, and Patrolman Rice are watching Mr.
Tarashuk sitting in front of the patrol car. Cline remarked, “He tripping.” Patrolman Rice said to
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Mr. Tarashuk, “Let me explain this to you, man. You don’t let us take down any information, you
gonna have no choice, but you gonna go with us. And you’ll be booked into jail as a John Doe.
And you’ll sit there until they can figure out who you are. Now, if you willing to give a little
information to this gentleman over here, might could help you out and get you where you need to
be tonight.” Mr. Tarashuk made no reply.
118. Deputy Howell then said to Mr. Tarashuk, “Where you wanna go at? Hey, that's
your boyfriend over there? That why you actin' like that? Huh? You can talk to me, man. Yo?...
You ain't gonna say nuthin'? He probably embarrassed right now. I'd be embarrassed too, but I
mean, it is what it is. You embarrassed man, I understand. I don't understand... Man, talk, just tell
us where you wanna go at, we can assist you with that, all right? Nobody gonna-really want to
take you to jail.”
119. Doroski finished talking to Mr. Potter and came over to the patrol car where Mr.
Tarashuk remained seated. He told the other officers he did not believe Mr. Potter. Officer Cline
told him that Mr. Tarashuk “apparently abandoned another truck at another exit…” He asked for
Mr. Tarashuk to tell him his name, but again Mr. Tarashuk made no response.
120. At approximately 12:30 a.m., Doroski asked the Santee officers to call for the
Orangeburg EMS to come to the scene to examine Mr. Tarashuk, noting that he “appears to be
under the influence of something.” Officer Cline agreed. He took Mr. Tarashuk back to his patrol
car and at that point Officer Cline took his handcuffs off Mr. Tarashuk.
121. Doroski walked with the Santee officers over to Officer Smith’s car to get the
information on the trucker. Doroski complained to the Santee officers about Highway Patrol:
“Last I checked, this is called the 'highway.' Am I wrong?... I don’t know why highway
- 22 -
patrolman can’t do his job or her job in the highway. Call me silly.” Officer Cline said that they
were just there to assist until Highway Patrol arrived at which point “that should be theirs.”
Doroski responded, “Oh, I know whose it should be. I’m getting passed this thing down. He ain’t
going to jail, I promise you that. He ain’t my fish. I ain’t cleaning it. I get him some medical
help. All I’m doing. That’s not acceptable.” The officers then discussed that they thought Mr.
Potter was involved with Mr. Tarashuk, and “there’s some shame” involved.
122. Officer Smith commented, "There's more to this story." Officer Cline agreed:
"There's a lot more. I already know what I believe. I believe he's [the trucker] involved in it. I
think he knows the guy, but -" Doroski: "Uh-huh." Cline: "There's some shame."
123. Deputy Doroski told Officer Smith that it “wouldn’t be a bad idea to put those
two Highway Patrolmen’s name in your information report.”
124. Mr. Potter then came up to the officers and offered to get the exact place he
stopped from his dispatcher. Officer Smith declined. Doroski said, “No, we don’t need it.”
125. After the Santee officers left the scene, Doroski commented to himself, “Highway
patrolmen not doing their job as usual.”
126. Back in his patrol car, Doroski asked Mr. Tarashuk if he had “taken anything
tonight? Any prescription medication, any other kind of drugs or anything?” Mr. Tarashuk did
not respond.
127. Neither Highway Patrol nor Santee Police made any effort to search the on-ramp
onto I-95 off of Route 301. Officer Smith even declined information from Mr. Potter that would
have identified the location. If they had followed that lead, they would have found Mr.
Tarashuk’s pickup truck in a ditch off the entrance ramp, with his wallet and driver’s license in
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it.
128. Orangeburg EMS arrived at 1:17 a.m. on the morning of September 10, 2019. The
EMS team consisted of Paramedic Alison Harmon and EMT Jamie Givens, plus another trainee.
129. In 2016, DHEC had investigated Harmon for allegations of drug use on her job as
a paramedic. She was fired by an ambulance service for such behavior. DHEC found that “while
on duty as a Paramedic, Ms. Harmon was observed on several occasions appearing under the
influence of narcotics, had committed misconduct” under South Carolina statutes and
regulations, “as evidenced by her drug use to such a degree as to render her unfit to perform as a
Paramedic.” Upon information and belief, Harmon had actually wrecked an ambulance on an
emergency call when she was under the influence of narcotics, injuring a fellow EMT. DHEC
further found that Ms. Harmon “suffers from drug addiction which renders her a danger to
patients under her care.” Harmon agreed to a suspension of her Paramedic certificate, at all levels
of certification, until March 30, 2018.
130. Doroski briefed the EMS personnel about what had happened. He told them that
the subject was not talking, and had been naked on I-95. On information and belief, Doroski also
told them that Mr. Tarashuk had previously walked into oncoming traffic on I-95 and had almost
been run over.
131. Mr. Tarashuk was escorted into the back of the ambulance. Mr. Tarashuk sat in
the back of the ambulance with his head down and did not speak. Givens popped an ammonia
inhalant as a stimulant and put it directly up Mr. Tarashuk’s nose, even though the ammonia odor
is so irritating that it is recommended to hold the ammonia 10-15 away centimeters from the
patient’s nose. Ammonia irritates the nose and lungs, and thereby triggers an inhalation reflex.
- 24 -
This alters the pattern of breathing, and, theoretically, increases alertness. This reaction can be
seen on the bodycam video – by the EMT trainee, not by Mr. Tarashuk. She jerked back,
exclaiming “God Almighty!” Mr. Tarashuk, however, had no physical reaction to the ammonia
whatsoever.
132. Givens and Harmon left the ammonia in Mr. Tarashuk’s nose for six and one-half
minutes before the stick was taken out.
133. Harmon took Mr. Tarashuk’s vital signs, which were normal. During this process,
they asked him his name over thirty-five times. Doroski asked Mr. Tarashuk if he had taken any
drugs, so that he could get treatment. Mr. Tarashuk did not respond.
134. When Mr. Tarashuk would not talk to them, the EMTs were sarcastic and at
points insulted him. For example, the following was recorded on Doroski’s bodycam:
Harmon: "Here. Talk to me. Talk to me. If you don't want it [ammonia] up your nose,
then talk to me. Stop actin' stupid. You're a grown man. What's goin' on? Don't, don't
shrug your shoulders and do your hands.”
....
Harmon: "Tryin' to act stupid."
Doroski: "... We all just trying to help you out, bud."
EMS Trainee: "You don't like how that [ammonia] smells?”
Givens: "All right. So. Check this out. Can you please tell us your name so we can take
this out your nose. I know it stinks. You know it stinks. Come on, partner."
....
Harmon: "I just wanna go ahead to the substation and go to sleep. So if you tell me your
name, we'll let you go so I can go back to bed."
Givens: “She is being serious.”
Harmon: “I am being fucking serious. I’m sleepy. Give me your damn name so I can go
home, for real. I’m tired.”
- 25 -
Harmon: “What's your name? Tell us your damn name, please. Rodrico?"
Harmon: “Harmon: "Can you please tell us your name? I'd really would like to go home.
For real. Just say it. I don't feel good.”
135. Deputy Doroski commented to the EMTs that he saw this sort of behavior from
people who had taken a variety of drugs. Harmon asked Mr. Tarashuk what he had been taking.
136. Harmon asked whether Mr. Tarashuk had ben running down the highway.
Doroski told her that Mr. Tarashuk had supposedly been found naked on top of a cab of a tractor.
137. Harmon eventually said, “Do you wanna go home? Or do you want to go the
hospital? Or do you want to go to jail? The choice is yours; I can provide any of the three. So
where do you want to go?”
138. As Givens was taking vital signs a second time, Doroski and Deputy Howell
became frustrated with Mr. Tarashuk. Doroski said, “These ladies can’t be out here all night like
this. None of us can. You’re tying up a lot of resources. We’re trying to help you. OK. If you
don’t want to go to the hospital, you can go with me. Those are your choices....Do you want to
go to the hospital? ‘Cause, if not, you’re going with me. That’s how I’m gonna solve this
problem. I’m a patient man, but I’ve been out here for a long time.”
139. Givens then tried writing the question, “What is your name?” Harmon
commented, “He’s not a retard.” After asking again for his name, Mr. Tarashuk looked around.
Deputy Howell said, “What you lookin’ at me for? You full of shit, bro.” Harmon agreed: “Yeah,
he is. Yeah, he is.”
140. Givens then said, "All right. You don't wanna talk to us? Yes or no? We know
you can talk; we know you can understand us. You gotta' be real with us. What is your name?"
Harmon said, "Shake your head.” Givens then gave Mr. Tarashuk this choice: "OK. Do you want
- 26 -
to go to the hospital? Yes or no? Do you want to go to jail? Mr. Tarashuk shook his head to both
choices. Harmon said, "Well, those are your two choices."
141. Doroski then took over and said, “Then come on. I’m gonna give you a ride. You
don’t want to go to the hospital either. So let’s go. His vitals are good, ladies?”
142. Harmon later falsely stated in her Incident Report that “Officer gave pt a choice to
go with EMS or going with the police. Pt chose to go with police.” Mr. Tarashuk did not choose
to go with the police. She also did not state that she also gave Mr. Tarashuk this choice.
Nevertheless, Mr. Tarashuk should not have been given any choice under OCEMS protocols and
orders.
143. OCEMS policy defines a patient as “a person encountered by EMS personnel with
an actual or potential injury or medical problem.” OCEMS Standing Order Protocol GP-16. Mr.
Tarashuk was the patient of OCEMS.
144. From conversation with Deputy Doroski about events preceding their arrival, by
visual examination, and by simple common sense, Harmon and Givens knew that Mr. Tarashuk
was not “conscious and alert X4” as Harmon stated in her Incident Report. In fact, Harmon and
Givens knew that Mr. Tarashuk had an altered mental status. They knew that he was either
delusional or under the influence of drugs or alcohol. As set forth in OCEMS Standing Order
GP-16, any patient with an altered mental status such as Mr. Tarashuk was “incapable of making
medical decisions regarding care and/or transport, and should be transported to the closest
appropriate medical facility under implied consent.”
145. Simply trying to determine Mr. Tarashuk’s name, which along with obtaining his
vital signs was the EMTs primary concern, would not have changed their duty to transport Mr.
- 27 -
Tarashuk to the hospital for a mental evaluation.
146. Likewise, under the same Standing Order, patients that are a threat to themselves
and others should be transported to the closest appropriate medical facility. Mr. Tarashuk
demonstrated that he was a threat to himself and others by jumping out into traffic on I-95.
147. Pursuant to OEMS protocol GP-11, patients in an altered mental state that are in
police custody or in the care of police should be transported to the hospital “if there is any doubt
about the cause of the patient’s alteration in mental status.”
148. Mr. Tarashuk should have been transported by OCEMS to a hospital for a full,
thorough, systematic mental assessment and treatment.
149. Mr. Tarashuk did not have the mental capacity to refuse care. Harmon violated
OCEMS standing orders and protocols by failing to transport Mr. Tarashuk to the hospital, by
failing to properly asses its patient, by discontinuing care and abandoning its patient, by not
providing further care by an equal or higher medical authority, by allowing Deputy Doroski to
give Mr. Tarashuk a choice on going to the hospital, and by transferring custody of Mr. Tarashuk
to Deputy Doroski instead of taking him to the hospital.
150. Deputy Doroski then took Mr. Tarashuk back to his patrol car. Upon exiting the
ambulance, and outside the hearing of Harmon and Givens, Doroski told Mr. Tarashuk, “You're
not going to jail. You are not under arrest. I'm gonna give you a ride. I ain't givin' you a ride to
jail, 'cause if you, if I was giving you a ride to jail you'd be in handcuffs. You're not in handcuffs.
You're not under arrest. I'll figure out where you live. Give you a ride to a safe environment....”
151. But Doroski did not figure out where Mr. Tarashuk lived. Nor did he give Mr.
Tarashuk a ride to a “safe environment.” Instead, Doroski drove Mr. Tarashuk back to Santee,
- 28 -
and at 1:56 a.m. he let Mr. Tarashuk out in the parking lot of a closed Horizon gas station, about
a mile from I-95, and about a mile from the sheriff’s substation. Mr. Tarashuk had no shoes, no
shirt, no wallet, no cell phone, and no identification. He did not know where he was.
152. Four hours later, Mr. Tarashuk was again naked on I-95 south, a mile from where
he had been let out by Doroski. He was running down the center line. Two drivers narrowly
missed hitting him. One of the drivers called 911 and said that there a “a man that’s naked
running down the Interstate 95 ... probably on something....The car slammed on his brakes and
near missed him by inches....He is definitely mentally ill.” Other drivers called to say they almost
hit a naked man on I-95.
153. At 5:48 a.m., 911 received another call from a distraught woman: “I think I just
hit a person on the Interstate...” Mr. Tarashuk was dead.
154. Santee Officer Smith, as well as Paramedic Harmon and EMT Givens responded
to the scene. Officer Smith’s bodycam and Highway Patrol dashcam audio recorded much of the
conversation. Officer Smith stated to Highway Patrol that the night before, Mr. Tarashuk “was
out of it completely.” He discussed the events of the evening before with Givens and Harmon.
Givens said, “Well, something was wrong with him. And he would not talk to us.” Officer Smith
said, “He, he wasn’t acting right.” Officer Smith somehow knew, likely from conversation with
Deputy Doroski, that Doroski had dropped off Mr. Tarashuk “at the CVS” after being evaluated
by OCEMS. Givens asked why he did that, and said, “[Be]cause if we’d known he was going to
just drop him off, we’d have just took him to the hospital and drop him there.” Officer Smith
responded, “I thought he was going, because he needed to go.”
155. A few minutes later, Officer Smith explained the incident of the night before to
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three Highway Patrolmen. Smith stated, “So I don’t know if was on, having mental issues, or
having drug issues, or somebody slipped him something. Don’t know which....But you could tell
he was on some kind of stimulant from the way he was acting.” Officer Smith said that he would
be taken by the Orangeburg deputies to jail as a “John Doe.”
156. Mr. Tarashuk’s pickup truck was found later that afternoon in a ditch on the on-
ramp to I-95 from Route 301. Despite finding the driver’s license in the car, Highway Patrol did
not make the obvious connection between the abandoned truck and the pedestrian that had been
hit and killed earlier that morning.
157. Highway Patrol asked for Animal Control to come to the scene and take care of
one of Mr. Tarashuk’s dogs which had remained in the truck.
158. Eventually, an employee from Animal Control contacted Mr. Tarashuk’s parents
and informed them that their son might have been involved in an accident.
159. South Carolina DHEC investigated this incident and examined the body camera
video of Deputy Doroski and the Incident Reports signed by Givens and Harmon. DHEC
suspended Paramedic Harmon for sixteen months in a Consent Order after finding that she
committed various misconduct violations in this incident. As noted above, three years earlier,
DHEC had found that Harmon “suffers from a drug addiction” and is “a danger to patients under
her care.” That finding was born out in relation to her care of Mr. Tarashuk.
160. DHEC found the following misconduct violations as to Paramedic Harmon:
a. “First, Ms. Harmon committed misconduct by disregarding an appropriate order
by a physician concerning emergency treatment and transportation. Specifically,
Ms. Harmon did not follow Orangeburg County EMS standing orders and
- 30 -
protocols by failing to properly assess the patient and by failing to transport him
to the hospital.
b. “Second, Ms. Harmon committed misconduct by discontinuing care and
abandoning the patient without the patient’s consent and without providing further
administration of care by an equal or higher medical authority. After performing
assessments on the patient, Ms. Harmon discontinued care and abandoned the
patient by transferring custody of the patient to the sheriff, not an equal or higher
medical authority.
c. “Third, Ms. Harmon committed misconduct because her actions and inactions
created a substantial possibility that death or serious physical harm could result.
Ms. Harmon’s discontinuation of care and abandonment created the substantial
possibility that death or serious physical harm could result to the patient.”
161. Ironically, Harmon was only suspended for violating standing orders in regards to
Mr. Tarashuk, but she was fired a few months later for merely talking back to her superior
officer.
162. South Carolina DHEC also suspended EMT Givens for six months in a Consent
Order after finding that she had committed four misconduct violations in this incident in the
following particulars:
a. First, Ms. Givens committed misconduct by disregarding an appropriate order by
a physician concerning emergency treatment and transportation. Specifically, Ms.
Givens did not follow Orangeburg County EMS standing orders and protocols by
failing to properly assess the patient and by failing to transport him to the
- 31 -
hospital.
b. “Second, Ms. Givens committed misconduct by discontinuing care and
abandoning the patient without the patient’s consent and without providing further
administration of care by an equal or higher medical authority. After performing
assessments on the patient, Ms. Givens discontinued care and abandoned the
patient by transferring custody of the patient to the sheriff, not an equal or higher
medical authority.
c. “Third, Ms. Givens committed misconduct by observing substandard care by of
the EMTs provided by her EMS crew and did not document this in any incident
report. Ms. Givens observed the release of the patient who was in an altered
mental state and incapable of making a rational, informed decision about care and
unable to give consent or refuse treatment.
d. “Lastly, Ms. Given committed misconduct by falsifying the patient care record to
read that the patient was alert and oriented, when the video and interviews show
the patient was not alert and oriented.”
163. Deputy Doroski, Patrolman Rice, Officer Smith, Officer Cline, Paramedic
Harmon and EMT Givens each knew that Mr. Tarashuk needed medical attention and a mental
evaluation on the night of September 9-10, 2018. Each knew that he was almost killed by
stepping into traffic on I-95 shortly after Mr. Potter had stopped at mile marker 86. Before
OCEMS arrived, Doroski was upset with having to “clean up this mess.” He had decided that if
OCEMS “cleared” Mr. Tarashuk, he would not take him to the hospital for a mental evaluation
and he would not take him to jail.
- 32 -
164. Patrolman Rice did not communicate with Deputy Doroski about his intentions or
the need for Mr. Tarashuk to receive a mental evaluation.
165. Officers Smith and Rice both knew that Deputy Doroski was upset and thought
that Highway Patrol should handle Mr. Tarashuk. Although they knew that Doroski was not
going to take Mr. Tarashuk to jail, they did not intervene to ensure that Mr. Tarashuk would
receive a mental evaluation.
166. Paramedic Harmon and EMT Givens also knew that Mr. Tarashuk needed a
mental examination, and by OCEMS protocol should have transported Mr. Tarashuk to the
hospital.
167. Deputy Doroski, Patrolman Rice, and Officers Smith and Cline all suspected that
Mr. Tarashuk had a homosexual encounter with Mr. Tucker. These Defendants, as well as
Paramedic Harmon and EMT Givens each knew or should have known by Mr. Tarashuk’s
obviously aberrant behavior that Mr. Tarashuk had a mental disability. Each of the Defendants
discriminated against Mr. Tarashuk by not making reasonable accommodations for his mental
disability, in the form of simply transporting him to the hospital for a mental evaluation.
168. Deputy Doroski should have either had OCEMS transport Mr. Tarashuk to the
hospital for a mental evaluation, or done so himself. Instead he chose to let Mr. Tarashuk off in a
dark parking lot even though he had no idea where Mr. Tarashuk lived and knew that Mr.
Tarashuk had no money or means of obtaining help for himself.
169. Deputy Doroski, Paramedic Harmon, EMT Givens, Patrolman Rice, Officer
Smith and Officer Cline were negligent, grossly negligent, and willfully reckless, and
deliberately indifferent by refusing to provide Mr. Tarashuk with the requisite level of care.
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Their conduct shocks the conscience.
170. Upon information and belief, none of these individual police Defendants were
properly trained or supervised in assessing detainees who are potentially delusional, suicidal, or
under the influence of drugs, and knowing when to seek further medical intervention.
171. Upon information and belief, neither Paramedic Harmon nor EMT Givens were
properly trained or supervised in assessing and handling patients with an altered mental status.
172. All of the Defendants jointly caused the unnecessary and tragic death of Mr.
Tarashuk.
173. At all material times, each individual Defendant acted under color of the laws,
statutes, ordinances, and regulations of the State of South Carolina and within the scope and
course of their respective employment.
174. All Defendants’ conduct herein, was contrary to generally accepted, reasonable
law enforcement or EMT procedures, training and tactics and caused the damages to Mr.
Tarashuk as set forth above.
175. That acts and/or omissions, cited above, by all Defendants, were the direct and
proximate cause of the injuries, damages and losses of the Plaintiff, including, but not limited to
pain and suffering, death, loss of enjoyment of life, and other damages, both economic and non-
economic, as may be learned during the discovery of this case.
176. The acts and/or omissions of the Defendants violated the clearly established and
well settled Federal and State Constitutional rights of the Plaintiff.
177. A number of the Defendants were integral participants of the other Defendant(s)
who caused the harm to Mr. Tarashuk and they were a part of the other Defendants’ failure to
- 34 -
treat Mr. Tarashuk during the incidents alleged in this Complaint, and as such are liable for the
injuries to Mr. Tarashuk.
178. One or more of the Defendants was/were aware of the Constitutional violations
being perpetrated upon Mr. Tarashuk, he/they had the opportunity to intervene and prevent
further harm to Mr. Tarashuk but one or more of these Defendants chose not to intervene and as
such are liable for the injuries to Mr. Tarashuk.
FOR A FIRST CAUSE OF ACTION

(Negligence & Gross Negligence – State Tort Claims Act as to
Orangeburg County and the Orangeburg County Sheriff’s Department)
179. The Plaintiff incorporates by reference all previous paragraphs above as if repeated
herein.
180. Defendants Orangeburg County Sheriff’s Department and Orangeburg County
departed from the duties of care required by law enforcement officers, and the agencies that hire,
train and employ these officers, and were thereby negligent, careless, grossly negligent, reckless
and acted in violation of the duties owed to the Plaintiff in that they committed one or more of
the following acts of omission or commission, any or all of which were departures from the
prevailing duties of care:
a. in failing to ensure the safety of the Plaintiff;
b. in failing to appreciate the conditions that existed on the day in question;
c. in failing to adhere to proper law enforcement procedures;
d. in giving the Plaintiff the option of not going to the hospital for a complete
evaluation even though Mr. Tarashuk did not have the mental acuity at that time
to make that choice;
e. in failing to recognize that the Plaintiff’s mental state was such that he was a
danger to himself and others, and by not transporting him to the hospital;
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f. by transporting the Plaintiff from mile marker 86 on I-95 to Santee, South
Carolina, and by not dropping him off in a safe environment but rather at a closed
gas station parking lot, knowing that he had an altered mental status, and was
potentially suicidal;
g. by failing to seek a Detention Order for Mr. Tarashuk so that he could have been
held in detention until he was properly identified;
h. by failing to search for and find Mr. Tarashuk’s pickup truck on the on-ramp to I-
95 off of Route 301 in Santee, which would have led to Mr. Tarashuk’s
identification and help from his parents;
i. in failing to use discretion before, during and after the interaction with Mr.
Tarashuk, and failing to consider other methods available to interact, command,
and/or investigate to determine his identity;
j. by discriminating against him on the assumption that he was homosexual;
k. in failing to have in place proper and adequate policies, procedures and protocols
for law enforcement officers to interact with citizens with altered mental states
pursuant to the law and proper police procedure, training of officers or, if such
policies, procedures and protocols were in place, in failing to use due care to
enforce them;
l. in such other particulars as may be ascertained through discovery procedures

undertaken pursuant to South Carolina Rules of Civil Procedure.
181. As a direct and proximate result of the acts and/or omissions of Defendant
Orangeburg County Sheriff’s Department and Orangeburg County, as set forth above, the
Plaintiff suffered significant pain and suffering, mental anguish, psychological and emotional
distress, loss of enjoyment of life, loss of earnings and earning capacity, other costs and expenses
associated with the negligence of these Defendants.
FOR A SECOND CAUSE OF ACTION

(Negligence & Gross Negligence – State Tort Claims Act as to Orangeburg County
Emergency Medical Services and Orangeburg County)
182. The Plaintiff incorporates by reference all previous paragraphs above as if
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repeated herein.
183. The Defendants all departed from the duties of care required by emergency
medical services providers, and the agencies that hire, train and employ these providers, and
were thereby negligent, careless, grossly negligent, reckless and acted in violation of the duties
owed to the Plaintiff in that they committed one or more of the following acts of omission or
commission, any or all of which were departures from the prevailing duties of care:
a. in failing to ensure the safety of Mr. Tarashuk, their patient;
b. in failing to appreciate the conditions that existed on the day in question;
c. in failing to adhere to proper emergency medical service procedures;
d. in hiring Paramedic Harmon when OCEMS knew or should have known that
Harmon had been under the influence of narcotics on the job as a paramedic,
when Harmon had been at fault while driving an ambulance while under the
influence of narcotics causing injuries to an EMT, that Harmon had admitted to
being addicted to narcotics and to having used narcotics on the job as a
paramedic, and that Harmon had previously been treated for drug addiction but
then went back to using narcotics on the job as a paramedic;
e. in using an ammonia inhalant on a patient who was conscious and alert;
f. in giving Mr. Tarashuk the option of either going to the hospital or going with law
enforcement personnel;
g. in failing to recognize that Mr. Tarashuk’s mental state was such that he was a
danger to himself and others and therefore should be transported to the hospital;
h. in failing to follow OCEMS Standing Orders and Protocols by failing to properly

assess Mr. Tarashuk and by failing to transport him to the hospital;
i. in failing to follow OCEMS Standing Orders and Protocols by allowing Deputy

Doroski to present Mr. Tarashuk with the choice of going to the hospital or going with
him;
j. in failing to communicate with Deputy Doroski to ensure that he was going to

take Mr. Tarashuk to jail;
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k. in allowing Deputy Doroski to take custody and control of Mr. Tarashuk instead
of taking Mr. Tarashuk to the hospital for a mental evaluation;
l. by discontinuing care and abandoning the Plaintiff, their patient, without his
consent and without providing further administration of care by an equal or higher
medical authority;
m. by observing substandard care by an EMT in the release of a patient who was in

an altered mental state and incapable of making a rational, informed decision
about his care and unable to give consent or refuse treatment,
n. by failing to document this substandard care in any incident report;
o. by falsifying the patient care record to read that Mr. Tarashuk was “alert and
oriented,” when he was not alert and oriented;
p. in failing to use proper techniques and respectful questioning in the treatment of a

patient with an altered mental state, and to consider other methods available to
interact with him and to obtain information;
q. by discriminating against Mr. Tarashuk based on the assumption that he was

Hispanic;
r. in failing to have in place proper and adequate policies, procedures, and protocols
for emergency services personnel to interact with patients with altered mental
states or, if such policies, procedures and protocols were in place, in failing to
train emergency service personnel in such policies, procedures and protocols
and/or to use due care to enforce them;
s. in such other particulars as may be ascertained through discovery procedures

undertaken pursuant to South Carolina Rules of Civil Procedure.
184. As a direct and proximate result of the negligence, carelessness, gross negligence,
recklessness and departure from the duties of care owed by Defendants, Mr. Tarashuk was killed
and other harms and losses.
Orangeburg County Emergency Medical Services and Orangeburg County, as set forth above,
Mr. Tarashuk suffered significant pain and suffering, mental anguish, psychological and
- 38 -
emotional distress, loss of enjoyment of life, loss of earnings and earning capacity, other costs
and expenses associated with the negligence of these Defendants.
FOR A THIRD CAUSE OF ACTION

(42 U.S.C. § 1983 State Created Danger & Due Process
As to Defendant Doroski)
repeated herein.
187. At all relevant times, as a citizen of the United States, Paul Tarashuk was vested
with, possessed and was guaranteed by the Fourteenth Amendment to the United States
Constitution the substantive due process rights to life and liberty.
188. On the night of September 9 and the early morning of September 10, 2018, Paul
Tarashuk was under the care, custody and control of the Santee Police Department, Highway
Patrol, and finally the OCSO when he was handcuffed, detained, guarded, and eventually
secured in Deputy Doroski’s patrol car.
189. Highway Patrolmen Rice and Richardson, in agreement with Santee Officers
Smith and Cline, intended to transport Mr. Tarashuk to jail for public and disorderly conduct as a
“John Doe” so that he could be properly identified.
190. After Deputy Doroski returned to the scene at the request of Highway Patrol, he
became the officer in charge of both the investigation and of the custody of Mr. Tarashuk.
191. As the officer in charge, Deputy Doroski had a duty to ensure that Paul Tarashuk
received proper medical and mental health care while in police custody.
192. While Paul Tarashuk was detained and in police custody by Deputy Doroski in
the morning of September 10, 2018, a special relationship was created between Mr. Tarashuk
- 39 -
and Deputy Doroski in which Deputy Doroski assumed an obligation to provide Mr. Tarashuk
with a minimum level of well-being and safety.
193. Deputy Doroski knew that Mr. Potter had consistently maintained that Mr.
Tarashuk had appeared naked from the woods near an on-ramp to I-95, had jumped on the
catwalk of Mr. Potter’s tractor-trailer, had ridden several miles on I-95 on the catwalk, had
removed the air-lines of a tractor-trailer while it was driving at high speeds, had jumped all over
the cab after Mr. Potter had stopped the vehicle, and had jumped out into oncoming traffic on I-
95 and almost been killed. Deputy Doroski further knew that Mr. Tarashuk had been speaking
gibberish before Deputy Doroski arrived on the scene, and was not responding to any direct
questions concerning how and why he came to be sitting on the cab of a tractor-trailer naked on
the side of I-95.
194. Deputy Doroski twice stated that Mr. Tarashuk needed a drug recognition
evaluation.
195. Deputy Doroski stated to the OCSO or OCEMS dispatcher that Mr. Tarashuk
“appears to be under the influence of something.”
196. Deputy Doroski asked Mr. Tarashuk whether he had taken any prescription or
other drugs that night.
197. Deputy Doroski was angry at Highway Patrol for “not doing their job as usual”
and at Santee police for not “properly” assisting with Mr. Tarashuk. Based on his anger at the
situation, and not based on the proper application of proper police discretion, he decided that he
would not take Mr. Tarashuk to jail as a “John Doe” so that he could be properly identified.
Rather, he decided to simply have EMS determine if his vital signs were normal.
- 40 -
198. Deputy Doroski told Santee Police Officers Smith and Cline in sum and substance
that because Highway Patrol should have handled the investigation and not handed the
investigation off to him, and that he would not take Mr. Tarashuk to jail. In his own words,
Deputy Doroski stated “He ain’t going to jail, I promise you that. He ain’t my fish. I ain’t
cleaning it. I get him some medical help. All I’m doing. That’s not acceptable.”
199. Officers Smith and Cline both assumed (but never confirmed) that Deputy
Doroski would ensure that Mr. Tarashuk would be transported to a hospital for medical
evaluation and treatment. Neither understood that Deputy Doroski would simply drop Mr.
Tarashuk off in a parking lot in Santee.
200. When Deputy Doroski detained and held Mr. Tarashuk in custody in the morning
of September 10, 2018, he was obligated to provide needed medical and mental care to Mr.
Tarashuk.
201. When Deputy Doroski detained and held Mr. Tarashuk in custody, he was
obligated to provide reasonable safety to Mr. Tarashuk.
202. Deputy Doroski had the authority and the resources to direct the transfer of Mr.
Tarashuk to an OCSO facility for a drug recognition evaluation.
203. Deputy Doroski also had the authority and the resources to direct the transfer of
Mr. Tarashuk to a hospital, or to transport Mr. Tarashuk himself to a hospital, for mental health
evaluation and treatment.
204. Deputy Doroski knew that Mr. Tarashuk was either under the influence of drugs
or was undergoing some psychiatric event, and was therefore in an altered mental state.
205. Deputy Doroski knew that Mr. Tarashuk had nearly killed himself by walking
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directly in front of traffic on I-95 in the middle of the night. He knew that Mr. Tarashuk had no
wallet, no money, no shirt or shoes, no cell phone, and no means of communication. Deputy
Doroski did not know if Mr. Tarashuk was from Santee, or even from South Carolina.
206. Despite this, Defendant Doroski chose not to transport Mr. Tarashuk to the
hospital for a medical and mental examination, chose not to transport Mr. Tarashuk to OCSO for
a drug recognition evaluation, and chose not to transport Mr. Tarashuk to jail as a “John Doe”
where he could have been safely detained and identified.
207. Deputy Doroski knew that OCEMS personnel had given Mr. Tarashuk the
“choice” of going home, going to the hospital, or going to jail. Deputy Doroski then gave Mr.
Tarashuk the “choice” of going to the hospital or going with him. Mr. Tarashuk shook his head
“no” to both of those choices. Deputy Doroski led OCEMS personnel to believe that if Mr.
Tarashuk went with him, that Deputy Doroski would take Mr. Tarashuk to jail after they exited
the ambulance. It was only after they left the ambulance, and when they were outside the hearing
of OCEMS personnel, that Deputy Doroski told Mr. Tarashuk that he would not take him to jail.
208. Instead, Deputy Doroski, angry at Highway Patrol for having to handle Mr.
Tarashuk, chose to drive Mr. Tarashuk back to Santee and drop him off in a parking lot in the
middle of the night.
209. Deputy Doroski deprived Paul Tarashuk of his substantive due process rights to
life, liberty and personal security when he deliberately and with utter and conscious disregard for
his safety, dropped Mr. Tarashuk off in the parking lot in Santee, South Carolina, while he was
in an altered mental state, delusional, and/or under the influence, with actual knowledge that Mr.
Tarashuk likely was unfamiliar with his surroundings, and with actual knowledge that Mr.
- 42 -
Tarashuk had only a short time before stepped out naked into traffic on I-95.
210. Deputy Doroski deprived Mr. Tarashuk of his substantive due process rights to
life, liberty and personal security when he failed to provide Mr. Tarashuk with access to a mental
health evaluation while in police custody, despite knowledge of Mr. Tarashuk’s altered mental
status.
211. Deputy Doroski deprived Mr. Tarashuk of his substantive due process rights to
life, liberty and personal security when he ignored Mr. Tarashuk’s obvious need for mental
health care and failed to take Mr. Tarashuk to the hospital or to OCSO for a drug recognition
examination, or failed to direct OCEMS to take Mr. Tarashuk to the hospital for a mental health
evaluation.
212. Deputy Doroski owed a duty to Mr. Tarashuk to protect his substantive due
process rights under these circumstances. Deputy Doroski breached this duty and violated his
substantive due process rights.
213. Deputy Doroski’s actions substantially increased the risk of danger to Mr.
Tarashuk in these circumstances such that it resulted in Mr. Tarashuk’s death a short time later.
214. Deputy Doroski’s breach of this duty owed to Mr. Tarashuk was wrongful and
proximately caused the bodily injuries and death of Mr. Tarashuk, such that Mr. Tarashuk
suffered the loss of life, liberty and personal security at the unlawful hand of Deputy Doroski in
violation of Mr. Tarashuk’s constitutional rights.
215. The harm to Mr. Tarashuk caused by Deputy Doroski was foreseeable and direct,
in that Mr. Tarashuk was killed shortly after he was dropped off by Deputy Doroski in the exact
same manner in which Mr. Tarashuk had almost been killed shortly before the Santee police
- 43 -
arrived on the scene.
216. Deputy Doroski acted with a degree of culpability that shocks the conscience. Mr.
Tarashuk was a foreseeable victim of the Deputy Doroski’s acts. Deputy Doroski affirmatively
used his authority in a way that created or substantially increased a danger to Mr. Tarashuk or
that rendered him more vulnerable to danger than had he never acted.
217. Deputy Doroski was acting within the scope of his authority and under color of
state law, and engaged in conduct that deprived Mr. Tarashuk of his rights to be free from
unreasonable harm, which was the moving force causing his injuries and is actionable under 42
U.S.C. Section 1983 as a violation of the Fourteenth Amendment to the United States
Constitution.
218. At all times relevant herein, Deputy Doroski acted with deliberate indifference to
Mr. Tarashuk’s constitutional rights.
219. As a result, Mr. Tarashuk was in a worse position after Deputy Doroski
intervened than if Deputy Doroski had not done so. If Deputy Doroski had not intervened,
Highway Patrol would have ensured that Mr. Tarashuk had a medical and mental evaluation at a
hospital, or would have arrested Mr. Tarashuk for public and disorderly conduct and held him as
a “John Doe.” In that event, Mr. Tarashuk would have been identified the following day when
his pickup truck was found on the on-ramp to I-95 at Route 301, with his driver’s license in it.
220. Likewise, if Deputy Doroski told the Santee Police officers that he intended to
drop Mr. Tarashuk off in a parking lot in Santee, they would have intervened to ensure that Mr.
Tarashuk received proper medical care and/or was detained as a “John Doe.”
- 44 -
Defendant Doroski, as set forth above, Mr. Tarashuk suffered significant pain and suffering,
mental anguish, psychological and emotional distress, loss of enjoyment of life, loss of earnings
and earning capacity, and other costs and expenses.
222. The conduct of Deputy Doroski entitles Plaintiff to all actual and punitive
damages and the penalties allowable under 42 USC §1983 et seq., and the S.C. Code.
223. Plaintiff is also entitled to reasonable costs and attorney fees under 42 USC §1988
and applicable South Carolina codes and laws.
FOR A FOURTH CAUSE OF ACTION

(42 U.S.C. § 1983 Action For Deliberate Indifference
to Medical Needs as to Defendant Doroski)
224. Plaintiff incorporates by reference all previous paragraphs above as if repeated
herein.
225. Deputy Doroski is a veteran with the Orangeburg County Sheriff’s Office and is
responsible for enforcing laws and the ordinances of Orangeburg County and the State of South
Carolina.
226. On the evening of September 9, 2018, Deputy Doroski responded to an incident
on I-95 as set forth above, and was informed that a naked man was on the cab of a tractor trailer
parked on the side of the Interstate.
227. Deputy Doroski observed the erratic behavior of Paul Tarashuk, listened to Mr.
Tarashuk as he was not able to communicate why and how he found himself naked on the
Interstate, and was informed by Santee Officer Cline that Mr. Tarashuk had made
incomprehensible statements in response to his questioning.
228. Deputy Doroski heard Highway Patrolman Rice explain to Mr. Tarashuk that he
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would be arrested for public and disorderly conduct unless he explained what had happened, and
also that he needed to identify himself or be incarcerated as a “John Doe” until he could be
identified. Deputy Doroski later told Officer Cline that Mr. Tarashuk “looked like a John Doe” to
him.
229. Deputy Doroski almost immediately recognized that Mr. Tarashuk had an altered
mental status, either from drugs or alcohol or some other cause, and recognized that he should
undergo an examination by a Drug Recognition Expert/Examiner.
230. Deputy Doroski recognized that due to his altered mental status, Mr. Tarashuk
was in danger of running into the Interstate and killing himself.
231. Deputy Doroski left the scene without informing Patrolman Rice, in an attempt to
avoid having to deal with Mr. Tarashuk and to respond to Mr. Tarashuk’s mental health needs.
232. When Deputy Doroski was called back to the scene to take over the investigation,
he told Officer Smith to detain Mr. Tarashuk and advise him “that he is going to be under arrest
for disorderly conduct.”
233. Deputy Doroski was obviously upset with Highway Patrol for not completing the
investigation and handling Mr. Tarashuk.
234. When he arrived back at the scene, Patrolman Richardson and Officer Cline knew
that Deputy Doroski was upset when he walked by them.
235. Doroski talked with Patrolman Rice, and assumed that the trucker and Mr.
Tarashuk had a sexual relationship.
236. Deputy Doroski complained to Deputy Howell about the Santee officers not
properly assisting in the investigation, and that “they’re going to detain somebody and they’re
- 46 -
wanting us to clean the mess up.”
237. Deputy Doroski interviewed the trucker who described in detail Mr. Tarashuk’s
erratic behavior to him after he had stopped on the side of I-95, including that Mr. Tarashuk had
gone into oncoming traffic on I-95 and almost got hit by a tractor-trailer and another car, “like
he’s trying to get hit.” The trucker told Deputy Doroski that he thought he was going to see Mr.
Tarashuk get killed.
238. Deputy Doroski did not believe the trucker’s “bullshit story” about Mr. Tarashuk
jumping naked on the catwalk when he had stopped on the on-ramp.
239. Deputy Doroski asked for EMS to come to the scene because he recognized that
Mr. Tarashuk was “under the influence of something.” A few minutes later he asked Mr.
Tarashuk directly whether he had taken any medication or drugs.
240. Deputy Doroski then reiterated his frustration with Highway Patrol, sarcastically
saying to the Santee officers “last I check, this is called the ‘highway,’ am I wrong?” When
Officer Cline indicated that they were just on the scene to assist Highway Patrol and it “should
be theirs,” Deputy Doroski said “Oh, I know whose it should be. I’m getting passed this thing
down. He ain’t going to jail, I promise you that. He ain’t my fish. I ain’t cleaning it. I get him
some medical help. All I’m doing. That’s not acceptable.”
241. Deputy Doroski intentionally misled the Santee officers into thinking that he was
going to take Mr. Tarashuk to the hospital or to have OCEMS take him to the hospital.
242. Deputy Doroski did not bother to determine where Mr. Tarashuk was picked up
by the trucker, and specifically turned down the trucker’s request to call his dispatcher to see
what exit he had stopped on.
- 47 -
243. Instead of seeking a drug recognition evaluation, Deputy Doroski simply called
for a cursory EMS evaluation that amounted to a check of Mr. Tarashuk’s vital signs.
244. Deputy Doroski then sarcastically remarked that the Highway Patrolmen were
“not doing their job as usual.”
245. While observing the Paramedic Harmon and EMT Givens evaluate Mr. Tarashuk,
Deputy Doroski stated that he saw the same type of behavior with “a variety of drugs being
used.”
246. Deputy Doroski eventually took over the situation by giving Mr. Tarashuk the
“choice” of going to the hospital with OCEMS or “going with me.” Deputy Doroski had no
intention of giving Mr. Tarashuk a proper mental health evaluation even though he had earlier
recognized that he needed a complete Drug Recognition Evaluation.
247. Deputy Doroski intentionally misled OCEMS personnel into thinking that he was
going to take Mr. Tarashuk to jail.
248. Deputy Doroski failed to respond to Mr. Tarashuk’s mental health needs, failed to
take Mr. Tarashuk to a designated mental health facility or to a hospital for a mental health
evaluation, failed to follow OCSO policy requiring a detainee in need of a mental health
evaluation to be taken to a health care facility for a mental health evaluation, and failed to
recommend to Paramedic Harmon or to EMT Givens that Mr. Tarashuk should be taken to the
hospital for a mental health evaluation.
249. Instead, Deputy Doroski took Mr. Tarashuk to the parking lot of a closed gas
station in Santee and just dropped him off without any shoes, shirt, identification, money, or cell
phone.
- 48 -
250. Deputy Doroski was deliberately indifferent to Mr. Tarashuk’s obvious mental
health needs in violation of OCSO policy by not taking Mr. Tarashuk to a hospital for a mental
health evaluation, or to have OCEMS take Mr. Tarashuk to a hospital for a mental health
evaluation.
251. Deputy Doroski also failed to report to his superior officers his observations of
Mr. Tarashuk’s conduct or that in his opinion he needed a drug recognition evaluation, and also
failed to acknowledge these observations in his Incident Report. Deputy Doroski further failed to
ask his superior officers for authority to transport Mr. Tarashuk for a DRE or to a hospital for a
mental health evaluation.
252. Deputy Doroski had the duty to transport, or see that Mr. Tarashuk was
transported by OCEMS, to a hospital for a mental health evaluation.
253. Deputy Doroski had the duty to have a drug recognition evaluation on Mr.
Tarashuk
254. As a direct and proximate result of these incidents of deliberate indifference to
Mr. Tarashuk’s medical needs resulting in violations of the Fourteenth Amendment to the United
States Constitution, Mr. Tarashuk sustained injuries and damages, and was killed shortly after
Deputy Doroski dropped him off in Santee.
Doroski, as set forth above, Mr. Tarashuk suffered significant pain and suffering, mental
anguish, psychological and emotional distress, loss of enjoyment of life, wrongful death, loss of
earnings and earning capacity, and other costs and expenses.
256. The conduct of Deputy Doroski entitles Plaintiff to all actual and punitive
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FOR A FIFTH CAUSE OF ACTION

(42 U.S.C. § 1983 Action against Paramedic Harmon and EMT Givens
For Deliberate Indifference to Medical Needs)
repeated herein.
259. Paramedic Harmon and EMT Givens were employed by the Orangeburg County
Emergency Medical Service and were responsible for assessing a patient’s medical condition,
determining a course of treatment, providing emergency medical assistance of sick or injured
people, and transporting patients to higher medical authorities, all pursuant to the policies and
protocols of the OCEMS and to generally accepted EMT standards.
260. On the evening of September 9, 2018, as set forth above, Paramedic Harmon
responded with EMT Givens and an EMT trainee to the report of a “mental health” individual on
I-95, and was informed that the man had been naked was on the cab of a tractor trailer parked on
the side of the Interstate.
261. On information and belief, Paramedic Harmon had been informed by the EMS
dispatcher that Mr. Tarashuk had been naked on I-95, and that he had been running down the
highway. Also, once at the scene, Deputy Doroski briefed Paramedic Harmon and EMT Givens
of Mr. Tarashuk’s erratic and dangerous behavior.
262. Pursuant to OCEMS Protocol GP-16, Mr. Tarashuk was “a person encountered by
EMS personnel with an actual or potential” medical problem, and was therefore a “patient” of
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OCEMS.
263. Paramedic Harmon and EMT Givens both had a duty to assess Mr. Tarashuk’s
medical condition.
264. Paramedic Harmon and EMT Givens examined Mr. Tarashuk and took his vital
signs. They both tried to obtain Mr. Tarashuk’s name, repeatedly, but Mr. Tarashuk made no
verbal response.
265. Paramedic Harmon observed EMT Givens improperly administer an ammonia
inhalant up Mr. Tarashuk’s nose, even though Mr. Tarashuk was responsive. Harmon did not
intervene to prevent this improper administration of ammonia.
266. Paramedic Harmon and EMT Givens both observed that Mr. Tarashuk made no
physical reaction to the administration of the ammonia inhalant, which was indicative that he
was in an altered mental state.
267. Deputy Doroski told both Harmon and Givens that Mr. Tarashuk had been on top
of the cab of a tractor-trailer, naked, and neither the driver nor Mr. Tarashuk had provided much
information.
268. Neither Paramedic Harmon nor EMT Givens asked Deputy Doroski any other
specific questions about the history of this incident.
269. For example, neither asked whether and how Mr. Tarashuk had answered
questions of officers on the scene, or whether his answers were responsive, evasive, or
delusional.
270. Nevertheless, both Paramedic Harmon and EMT Givens personally observed the
nonresponsive behavior of Mr. Tarashuk, and was informed very generally by Deputy Doroski of
- 51 -
the OCSO of his dangerous and erratic behavior earlier that evening.
271. Based on the history of the patient, and their own observations, and simple
common sense, Paramedic Harmon and EMT Givens both knew that Mr. Tarashuk had an
altered mental status.
272. Paramedic Harmon and EMT Givens violated EMS standards and protocols by
not making a carful assessment of Mr. Tarashuk, by not providing reasonable medical
counseling, by not making an appropriate of Medical Control consultation, and by not
transporting Mr. Tarashuk to the hospital for a mental health assessment.
273. Paramedic Harmon did not talk to Mr. Tarashuk in a calming manner. Instead, she
insulted him:
a. by telling him to “stop acting stupid. You’re a grown man. What’s going on?
Don’t shrug your shoulders and do your hands.”
b. by saying that he was “trying to act stupid.”
c. by telling him that she needed him to tell his name because she wanted to go back
to the substation and go to sleep, by saying that she was “being fucking serious.
I’m sleepy. Give me your damn name so I can go home for real.”
d. by remarking that he was “bullshitting.”
e. by telling EMT Givens that “he’s not a retard.”
f. by assuming he was Hispanic and guessing his name was “Rodrigo.”
274. Mr. Tarashuk was in an altered mental state.
275. Paramedic Harmon and EMT Givens both knew that Mr. Tarashuk was in an
altered mental state.
276. OCEMS Protocol GP-16 does not allow a patient in an altered mental state to
- 52 -
refuse transport to the hospital.
277. Despite this knowledge that Mr. Tarashuk was in an altered mental state, EMT
Givens gave Mr. Tarashuk a choice to refuse treatment when she said that he could choose to go
“home,” go to the hospital, or go to jail.
278. Under OCEMS protocol GP-11, any patient in the care or custody of police
retains the right to refuse transport to the hospital to assure the patient receives appropriate care.
279. In a situation such as the one in question, however, if there is “any doubt about
the cause of the patient’s alteration in mental status, Protocol GP-11 requires that the EMT or
Paramedic “transport the patient to the hospital for evaluation.”
280. Paramedic Harmon and EMT Givens were both deliberately indifferent to Mr.
Tarashuk’s obvious mental health needs in violation of OCEMS policy by not taking Mr.
Tarashuk to a hospital for a mental health evaluation. This deliberate indifference is evidenced
by:
a. The failure to follow OCEMS Standing Orders and Protocols by not properly
assessing Mr. Tarashuk and by failing to transport him to the hospital;
b. Sticking an ammonia inhalant up Mr. Tarashuk’s nose when that was not
medically indicated, and by leaving it there for several minutes;
c. The discontinuation of care and abandonment of Mr. Tarashuk, their patient,

without his consent and without providing further administration of care by an
equal or higher medical authority;
d. The observation by Paramedic Harmon of substandard care by EMT Givens in the

release of a patient who was in an altered mental state and incapable of making a
rational, informed decision about his care and unable to give consent or refuse
treatment,
e. The failure to document this substandard care in any incident report;
f. The falsifying of the patient care record to read that Mr. Tarashuk was “alert and
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oriented,” when he was obviously not alert and oriented;
g. The failure to use proper techniques and respectful questioning in the treatment of
a patient with an altered mental state, and to consider other methods available to
interact with him and to obtain information;
h. The insulting and badgering questioning of Mr. Tarashuk;
i. Discriminating against him based on the assumption that he was Hispanic; and
j. Discriminating against based on his mental disability.
281. Paramedic Harmon also failed to report to her superior officers her observations
of Mr. Tarashuk’s altered mental status, and failed to acknowledge these observation in her
Incident Report. Paramedic Harmon further failed to ask her supervisors for advice on whether to
transport Mr. Tarashuk to a hospital for a mental health evaluation.
282. Paramedic Harmon and EMT Givens had the duty to transport Mr. Tarashuk to a
higher medical authority or to a hospital for a mental health evaluation.
283. Paramedic Harmon and EMT Givens had the duty to not allow, or at least attempt
to prevent, Deputy Doroski from taking custody of Mr. Tarashuk when they should have
transported him to the hospital.
Paramedic Harmon and EMT Givens allowed Deputy Doroski to escort Mr. Tarashuk from the
ambulance.
285. As a direct and proximate result of the acts and/or omissions of Paramedic
Harmon and EMT Givens as set forth above, Mr. Tarashuk suffered significant pain and
- 54 -
suffering, mental anguish, psychological and emotional distress, loss of enjoyment of life,
wrongful death, loss of earnings and earning capacity, and other costs and expenses.
286. The conduct of Paramedic Harmon and EMT Givens entitles Plaintiff to all actual
and punitive damages and the penalties allowable under 42 USC §1983 et seq., and the S.C.
Code.
FOR A SIXTH CAUSE OF ACTION

(42 U.S.C. § 1983 Action against Patrolman Rice
repeated herein.
289. Patrolman Rice is a veteran with the South Carolina Highway Patrol, and was
responsible, among other things, for enforcing the traffic laws and regulations in South Carolina,
investigating accidents, issuing tickets and warning, and performing other law enforcement
functions.
290. As set forth above, on the evening of September 9, 2018, Patrolman Rice
responded to a dispatch call concerning a potentially Hispanic male who was naked on the cab of
tractor trailer parked at mile marker 86 on I-95 southbound.
291. Officers Smith and Cline had already been on the scene for about twelve minutes.
Mr. Tarashuk was still naked, but had been handcuffed by Santee police. Officer Cline told
Patrolman Rice that Mr. Tarashuk was naked on top of the cab when they got there, that his
clothes were in the cab and the trucker had told him to get out. Officer Cline stated that Mr.
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Tarashuk was “not coherent. Definitely … a mental subject of some sort.”
292. Patrolman Rice then assumed responsibility for the investigation. He got Mr.
Potter to throw some shorts from the cab and had them put on Mr. Tarashuk. Patrolman Rice and
the Santee officers then escorted Mr. Tarashuk from beside the tractor-trailer to the front of a
Santee patrol car. Patrolman Rice then interviewed Mr. Tarashuk. At that point, Deputy Doroski
and Deputy Howell came up and stood off to the side listening to the interview.
293. Mr. Tarashuk said his name was “David,” and that there had been an accident. He
said that he worked with the trucker and that he got kicked out of the truck. He said that he “tried
to plug the truck back up…” Mr. Tarashuk’s answers to Patrolman Rice’s questions made little
sense.
294. When Patrolman Rice asked Mr. Tarashuk why he was naked, Mr. Tarashuk just
responded, “You know what? Just drive me back to uh….” Patrolman Rice said, “The only place
you’re going right now is to jail for public and disorderly conduct.” Mr. Tarashuk continued to
make little sense, and eventually said that he owned the tractor-trailer.
295. Patrolman Rice asked Mr. Tarashuk for his last name. Mr. Tarashuk responded,
“There’s nothing to tell you.” Rice: “You don’t have a last name?” Mr. Tarashuk responded:
“No, I literally just drive a truck.” Getting nowhere, Patrolman Rice asked Mr. Tarashuk,
“Where are you from?” Mr. Tarashuk did not respond. Officer Cline said, “He told me he just
came out of the woods and he’s from ‘Jinka Bonga.’”
296. Patrolman Rice then went to interview Mr. Potter, who explained how Mr.
Tarashuk had jumped on the catwalk, rode down I-95, and was “jumping around doing all kinds
of shit on the back of my truck, so I called 911.” He explained how Mr. Tarashuk had pulled his
- 56 -
air brake-lines, and that when he finally stopped, Mr. Tarashuk had climbed all over his cab. He
showed Patrolman Rice a photograph of Mr. Tarashuk hanging upside down looking into the cab
through the windshield.
297. With Mr. Potter’s consent, Patrolman Rice inspected the cab. Patrolman Rice did
not find anything indicating that Mr. Tarashuk had been inside the cab.
298. Mr. Potter old Patrolman Rice that after he had stopped, Mr. Tarashuk “jumped
out in front a tractor-trailer, jumped out in front of a car.”
299. At that point, Patrolman Rice went off camera, turned off his microphone, and
called his supervisor for instructions. Deputies Doroski and Howell left the scene. When
Patrolman Rice finished the phone call, he was very surprised to find that the deputies had left.
He asked, “What did they leave for?”
300. Patrolman Rice had expected to ask the Sheriff deputies to take over the
investigation and transport Mr. Tarashuk. Irritated, he asked for Officer Smith to call and get
OCSO back to the scene.
301. While waiting for Deputy Doroski to return, Patrolman Rice speculated what kind
of hallucinogen or stimulant would cause Mr. Tarashuk’s behavior. Officer Smith noted that it
was lucky that he did not get run over.
302. Later Patrolman Rice told Patrolman Richardson, “I can’t understand why they
left. I didn’t get a chance to talk to anybody.”
303. When Deputy Doroski finally arrived back at the scene, Patrolman Rice briefed
him on what he had found out, including his suspicions about a sexual encounter between Mr.
Tarashuk and Mr. Potter.
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304. When Deputy Doroski interviewed the trucker, Patrolman Rice was standing near
Mr. Tarashuk. He heard Deputy Howell tell Mr. Tarashuk that nobody “really want[s] to take
you to jail.”
305. Deputy Doroski discussed the investigation with the other officers. Patrolman
Rice never asked him what Deputy Doroski intended to do with Mr. Tarashuk, other than calling
for OCEMS to come to the scene.
306. Knowing that OCSO had wanted no part of this investigation, and knowing that
Mr. Tarashuk was under the influence of drugs or had a mental disability, Patrolman Rice should
not have passed the investigation off to OCSO. Under the circumstances, Patrolman Rice knew
that Mr. Tarashuk needed a mental examination, and he therefore should have ensured that Mr.
Tarashuk was transported for a mental examination. He failed to do so.
Patrolman Rice allowed Deputy Doroski to take over the investigation.
308. As a direct and proximate result of the acts and/or omissions of Patrolman Rice as
set forth above, Mr. Tarashuk suffered significant pain and suffering, mental anguish,
psychological and emotional distress, loss of enjoyment of life, wrongful death, loss of earnings
and earning capacity, and other costs and expenses.
309. The conduct of Patrolman Rice entitles Plaintiff to all actual and punitive
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FOR A SEVENTH CAUSE OF ACTION

(42 U.S.C. § 1983 Action against Officers Smith and Cline
repeated herein.
312. Officers Smith and Cline are experienced police officers with the Santee Police
Department, and were responsible, among other things, for enforcing laws and the ordinances of
the Town of Santee and the State of South Carolina.
313. As set forth above, on the evening of September 9, 2018, Officers Smith and
Cline responded to a dispatch call concerning a potentially Hispanic male who was naked on the
cab of tractor trailer parked at mile marker 86 on I-95 southbound, as an assisting agency to
Highway Patrol.
314. As set forth above, within minutes of finding Mr. Tarashuk naked on top of Mr.
Potter’s cab, both Officers Smith and Cline realized that Mr. Tarashuk was mentally unstable.
Mr. Tarashuk told Officer Cline that he was from the sky, that he came out of the woods naked,
and that he was from Charles China Town. Officer Cline had listened to him speak gibberish,
and both officers heard him make numerous non-responsive answers.
315. Both officers knew that Mr. Tarashuk needed medical attention, in particular a
drug evaluation or a mental assessment.
316. Both officers heard and/or stated directly to Mr. Tarashuk that he had to identify
himself or he would be held indefinitely as a “John Doe.”
317. Both officers knew that the OCSO deputies had left the scene without telling
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either Santee Police or Highway Patrol.
318. Officer Smith spoke directly to Deputy Doroski on the phone, and knew that
Deputy Doroski was very upset with Highway Patrol that he had to come back to assume the
investigation.
319. When Deputy Doroski returned to the scene, Officer Cline observed ow mad he
was and made a remark to that affect to Patrolman Richardson.
320. Deputy Doroski told both Officer Smith and Officer Cline that because they were
on the highway that Highway Patrol should take the lead in the investigation, and also that he
would not take Mr. Tarashuk to jail: “He ain’t my fish. I ain’t cleaning it. I get him some medical
help. All I’m doing. That’s not acceptable.”
321. Neither Officer responded directly to Deputy Doroski’s anger at Highway Patrol,
or to his statement that he was not taking Mr. Tarashuk to jail. Neither inquired as to what
medical help Deputy Doroski had in mind.
322. Both Officers knew that Mr. Tarashuk needed a mental assessment, or, failing
that, needed to be involuntarily detained. Both knew or should have known that Deputy Doroski
was not going to provide either option. Neither Officer Smith nor Officer Cline did anything to
intervene to ensure that Mr. Tarashuk received the proper medical attention.
Patrolman Rice allowed Deputy Doroski to take over the investigation.
324. As a direct and proximate result of the acts and/or omissions of Officers Smith
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and Cline as set forth above, Mr. Tarashuk suffered significant pain and suffering, mental
anguish, psychological and emotional distress, loss of enjoyment of life, wrongful death, loss of
earnings and earning capacity, and other costs and expenses.
325. The conduct of Officers Smith and Cline entitles Plaintiff to all actual and
punitive damages and the penalties allowable under 42 USC §1983 et seq., and the S.C. Code.
FOR AN EIGHTH CAUSE OF ACTION

(42 U.S.C. § 12102 Action for Violation of the Americans
With Disability Act as to Orangeburg County, Orangeburg County
Sheriff’s Office, Orangeburg County Emergency Medical Services, South Carolina
Department of Public Safety, Town of Santee, and the Santee Police Department)
repeated herein.
328. The Americans with Disabilities Act (“ADA”) provides that “no qualified
individuals with a disability shall, by reason of such disability, be excluded from participation in
or be denied the benefits of the services, programs, or activities of a public entity, or be subjected
to discrimination by any such entity.” 42 U.S.C. §12132.
329. Orangeburg County, the Orangeburg Count Sheriff’s Department, the Orangeburg
County Emergency Medical Services, the South Carolina Department of Public Safety, the Town
of Santee, and the Santee Police Department are each public entities pursuant to 42 U.S.C.
§12131(1).
330. Mr. Tarashuk is a “qualified individual” under the ADA.
331. Mr. Tarashuk had been diagnosed by medical professionals in New Jersey with
- 61 -
schizoaffective disorder.
332. Mr. Tarashuk had a disability pursuant to 42 U.S.C. 12102 in that he had a record
of this mental impairment, this mental impairment substantially limited one or more of his major
life activities, and/or he was regarded as having such an impairment by the employees of
Orangeburg County, OCEMS, SCDPS, Santee, and the Santee Police Department.
333. At various points during the investigation, Mr. Tarashuk was described as “on
Cloud 9,” “tripping,” “under the influence,” on drugs, having a “boyfriend,” “Rodrigo,” and was
essentially referred to as crazy.
334. Orangeburg County and OCEMS, acting through its employees, intentionally
discriminated against Mr. Tarashuk by not transporting him to a hospital for a mental health
examination.
335. Orangeburg County and OCSO, acting through its employees, intentionally
discriminated against Mr. Tarashuk by not transporting him to a hospital for a mental health
examination, or not obtaining a drug recognition examination.
336. SCDPS, Santee, and the Santee Police Department intentionally discriminated
against Mr. Tarashuk by not ensuring that Mr. Tarashuk would be transported by either OCEMS
or OCSO to a hospital for a mental health examination, or by intervening when they knew or
should have known that OCSO was not going to have Mr. Tarashuk transported for the proper
medical evaluation.
337. In addition, Orangeburg County, OCEMS, OCSO, SCDPS, Santee, and the Santee
Police Department failed to make any reasonable accommodation for Mr. Tarashuk’s mental
disability. All of these Defendants had a duty to accommodate Mr. Tarashuk’s disability by
- 62 -
having their officers and agents take affirmative steps to calm the situation, to converse with Mr.
Tarashuk in a non-threatening manner, to turn off some or most of their emergency lights, to
keep Mr. Tarashuk in a safe environment before questioning him, to transfer him quickly to a
hospital for a mental evaluation at the earliest reasonable time, and/or to ensure that he was not
left in a parking lot in the middle of the night with no means of communication.
338. As Mr. Tarashuk was never threatening in the course of the investigation, there
were no exigent circumstances or overriding public safety concerns surrounding the detainment
that would affect the reasonableness of these accommodations.
339. This discrimination occurred because of Mr. Tarashuk’s disability. Mr. Tarashuk
was in a manic state, and could not communicate coherently, and eventually would not
communicate at all. This frustrated the Defendants and ultimately led to the decision not to
provide for a medical assessment of Mr. Tarashuk.
340. As a direct and proximate result of this discrimination, Mr. Tarashuk sustained
injuries and damages, and was killed shortly after Deputy Doroski dropped Mr. Tarashuk in the
parking lot in Santee.
341. As a direct and proximate result of these incidents of this discrimination due to
Mr. Tarashuk’s mental disability resulting in violations of the ADA, Mr. Tarashuk sustained
injuries and damages, and was killed shortly after Deputy Doroski dropped Mr. Tarashuk in the
parking lot in Santee.
342. As a direct and proximate result of the acts and/or omissions as set forth above,
Mr. Tarashuk suffered significant pain and suffering, mental anguish, psychological and
emotional distress, loss of enjoyment of life, wrongful death, loss of earnings and earning
- 63 -
capacity, and other costs and expenses.
343. The conduct of Officers Smith and Cline entitles Plaintiff to all actual,
compensatory and punitive damages under the ADA.
FOR A NINTH CAUSE OF ACTION

(42 U.S.C. § 1983 Action for Negligent Supervision/Training as to
Defendants Orangeburg County, Rivers and OCEMS)
repeated herein.
345. As agencies of the State of South Carolina, Defendants Orangeburg County,
Rivers (in his official capacity) and the Orangeburg County Emergency Medical Services had a
duty of care to Mr. Tarashuk and to the public to adequately and sufficiently train and supervise
its emergency medical employees in the proper and constitutional methods of emergency
medical services.
346. At all times relevant hereto, Defendants Harmon and Givens acted in their
capacity as EMTs under the control of the Defendants Orangeburg County, Rivers (individually
and in his official capacity) and OCEMS, when they did not transport Mr. Tarashuk to the
hospital for a proper mental evaluation, and were deliberately indifferent to Mr. Tarashuk’s
medical needs.
347. As Defendant Doroski’s employer, Orangeburg County, Rivers and OCEMS had
the ability to control Harmon and Givens’ conduct and knew or should have known of the
necessity and opportunity for exercising control over Harmon and Givens’ conduct.
348. Defendant Orangeburg County, Rivers and OCEMS either:
a. failed to adequately train and/or supervise Defendants Harmon and Givens
- 64 -
regarding the proper and constitutional and statutory methods of assessing
patients with altered mental states, and/or employed them without proper
instruction with a reckless disregard of the rights of Mr. Tarashuk;
b. authorized the wrongful conduct of Defendants Harmon and Givens in regards to
Mr. Tarashuk; or
c. ratified the wrongful conduct of Defendants Harmon and Givens in regards to Mr.
Tarashuk.
349. The wrongful acts of Defendants Harmon and Givens set forth above were
calculated to and did benefit Defendants Orangeburg County, Rivers and OCEMS.
350. Plaintiff is entitled to judgment, including reasonable attorneys fees, against
Defendants Orangeburg County, Rivers, and Orangeburg Emergency Medical Services in an
amount to be determined at trial.
FOR A TENTH CAUSE OF ACTION

Orangeburg County, Chief Leroy Ravenell and OCSO)
repeated herein.
352. As agencies of the State of South Carolina, Defendants Orangeburg County,
Orangeburg County Sheriff Leroy Ravenell (in his official capacity) and the Orangeburg County
Sheriff’s Office had a duty of care to Mr. Tarashuk and to the public to adequately and
sufficiently train and supervise its law enforcement employees in the proper and constitutional
methods of law enforcement.
353. At all times relevant hereto, Defendant Doroski acted in his capacity as a deputy
- 65 -
under the control of the Defendants Orangeburg County, Sheriff Ravenell and OCSO, when he
did not seek adequate and proper medical attention for Mr. Tarashuk, and were deliberately
indifferent to Mr. Tarashuk’s medical needs.
354. As Defendant Doroski’s employer, Orangeburg County, Sheriff Ravenell
(individually and in his official capacity) and OCSO had the ability to control Doroski’s conduct
and knew or should have known of the necessity and opportunity for exercising control over
Doroski’s conduct.
355. Defendant Orangeburg County, Sheriff Ravenell and OCSO either:
a. failed to adequately train and/or supervise Defendant Doroski regarding the
proper and constitutional methods of law enforcement, and/or employed him
without proper instruction with a reckless disregard of the rights of Mr. Tarashuk;
b. authorized the wrongful conduct of Defendant Doroski in regards to Mr.
Tarashuk; or
c. ratified the wrongful conduct of Defendant Doroski in regards to Mr. Tarashuk.
356. The wrongful acts of Defendant Doroski set forth above were calculated to and
did benefit Defendants Orangeburg County, Sheriff Ravenell and OCSO.
357. As a direct and proximate cause of the carelessness, negligence, and/or
recklessness of the Defendants Orangeburg County, Orangeburg Sheriff Ravenell and the
Orangeburg County Sheriff’s Office, Mr. Tarashuk’s civil rights were violated, and he suffered
physical injuries and damages, including, but not limited to, mental anguish, emotional distress,
humiliation, and ultimately, death.
358. Plaintiff is entitled to judgment, including reasonable attorneys’ fees, against
- 66 -
Defendants Orangeburg County, Orangeburg Sheriff Leroy Ravenell and the Orangeburg County
Sheriff’s Office in an amount to be determined at trial.
FOR AN ELEVENTH CAUSE OF ACTION

South Carolina Department of Public Safety and Director Leroy Smith)
repeated herein.
360. As an agency of the State of South Carolina, the Defendant South Carolina
Department of Public Safety and Agency Director Leroy Smith (in his official capacity), had a
duty of care to Mr. Tarashuk and to the public to adequately and sufficiently train and supervise
its law enforcement employees in the proper and constitutional methods of law enforcement.
361. At all times relevant hereto, Patrolman Rice acted in his capacity as a Highway
Patrolman under the control of the SCDPS and Director Smith, when he did not seek adequate
and proper medical attention for Mr. Tarashuk, and was deliberately indifferent to Mr.
Tarashuk’s medical needs.
362. As Defendant Rice’s employer, SCDPS and Director Smith (individually and in
his official capacity) had the ability to control Rice’s conduct and knew or should have known of
the necessity and opportunity for exercising control over Rice’s conduct.
363. Defendant SCDPS and Director Smith either:
a. failed to adequately train and/or supervise Patrolman Rice regarding the proper
and constitutional methods of law enforcement, and/or employed him without
proper instruction with a reckless disregard of the rights of Mr. Tarashuk;
b. authorized the wrongful conduct of Patrolman Rice in regards to Mr. Tarashuk; or
- 67 -
c. ratified the wrongful conduct of Patrolman Rice in regards to Mr. Tarashuk.
364. The wrongful acts of Patrolman Rice set forth above were calculated to and did
benefit Defendant SCDPS and Director Smith.
recklessness of the Defendant SCDPS and Director Smith, Mr. Tarashuk’s civil rights were
violated, and he suffered physical injuries and damages, including, but not limited to, mental
anguish, emotional distress, humiliation, and ultimately, death.
Defendants South Carolina Department of Public Safety and Director Leroy Smith in an amount
to be determined at trial.
FOR AN EIGHTH CAUSE OF ACTION

Town of Santee, Chief Joseph Serrano, and the Santee Police Department)
repeated herein.
368. As agencies of the State of South Carolina, Defendants Town of Santee, Police
Chief Joseph Serrano (in his official capacity), and the Santee Police Department each had a duty
of care to Mr. Tarashuk and to the public to adequately and sufficiently train and supervise its
law enforcement employees in the proper and constitutional methods of law enforcement.
369. At all times relevant hereto, Officers Smith and Cline acted in their capacity as
police officers under the control of the Santee, Chief Serrano and the Santee Police Department,
when they did not seek adequate and proper medical attention for Mr. Tarashuk and/or intervene
when they knew or should have known that Deputy Doroski was not going to seek proper
- 68 -
medical attention for Mr. Tarashuk and also that he was not going to take him to jail, and were
deliberately indifferent to Mr. Tarashuk’s medical needs.
370. As the employer of Officers Smith and Cline, Santee, Chief Serrano (individually
and in his official capacity) and the Santee Police Department had the ability to control their
officers’ conduct and knew or should have known of the necessity and opportunity for exercising
control over their officers’ conduct.
371. Defendants Santee, Chief Serrano and the Santee Police Department either:
a. failed to adequately train and/or supervise Officers Smith and Cline regarding the
proper and constitutional methods of law enforcement, and/or employed them
without proper instruction with a reckless disregard of the rights of Mr. Tarashuk;
b. authorized the wrongful conduct of Officers Smith and Cline in regards to Mr.
Tarashuk; or
c. ratified the wrongful conduct of Officers Smith and Cline in regards to Mr.
Tarashuk.
372. The wrongful acts of Officers Smith and Cline set forth above were calculated to
and did benefit Defendants Santee, Chief Serrano and the Town of Santee.
recklessness of the Defendants Town of Santee, Chief of Police Joseph Serrano, and the Santee
Police Department, Mr. Tarashuk’s civil rights were violated, and he suffered physical injuries
and damages, including, but not limited to, mental anguish, emotional distress, humiliation, and
ultimately, death.
- 69 -
Defendants Town of Santee, Chief of Police Joseph Serrano, and the Santee Police Department
in an amount to be determined at trial.
WHEREFORE, Plaintiff Paul Tarashuk, Personal Representative of the Estate of Paul
David Tarashuk, respectfully requests for judgment against all Defendants for all actual
damages, compensatory damages, consequential damages, and for punitive damages in an
amount to be determined by a jury at the trial of this action, plus attorney’s fees and costs
pursuant to 42 U.S.C. § 1983 and 1988, and for such other and further relief as this Court deems
just and proper.
MCGOWAN, HOOD & FELDER, LLC
__s/ Russell T. Burke_______________________

Russell T. Burke, Esq. Bar #1024
1517 Hampton Street
Columbia, South Carolina 29201
(803) 779-0100
(803) 787-0750 – Facsimile
rburke@mcgowanhood.com
Columbia, South Carolina

July 31, 2019
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Tarashuk Complaint

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Tarashuk Complaint

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ELECTRONICALLY FILED - 2019 Jul 31 2:02 PM - ORANGEBURG - COMMON PLEAS - CASE#2019CP3801037

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

COUNTY OF ORANGEBURG Civil Action No: 2019-CP-_____________

PAUL TARASHUK, PERSONAL

TO: THE DEFENDANTS ABOVE NAMED:

for the relief demanded in the Complaint.

s/Russell T. Burke _______

ATTORNEY FOR PLAINTIFF

COUNTY OF ORANGEBURG Civil Action No: _____________

PAUL TARASHUK, PERSONAL

ORANGEBURG COUNTY; ORANGEBURG

Defendants, hereby allege as follows:

naked. He spoke gibberish.

2. Eventually Highway Patrol and Orangeburg sheriff deputies arrived. Paul’s

until he could be identified.

was the sum total of the “medical help” offered to Paul.

no cell phone, and no identification. He did not know where he was.

in traffic. He gave no coherent answers to questions. He obviously needed a mental evaluation.

at night. The deputy was deliberately indifferent to Paul’s mental condition.

State of New Jersey.

15. Defendant Orangeburg County is a political subdivision of the State of South

acting within the scope and course of their employment.

16. Defendant Orangeburg County Emergency Medical Services (“OCEMS”) is a

and treating patients in an altered mental state.

18. Defendant Orangeburg County Sheriff’s Office (“OCSO”) is a political

course of their employment.

20. Defendant South Carolina Department of Public Safety (hereinafter, “SCDPS”) is

22. Defendant Town of Santee (hereinafter, “Santee”) is a political subdivision of the

24. Defendant Alison K. B. Harmon (hereinafter, “Harmon”), is, upon information

under Federal law.

punitive damages under federal law.

the scope and course of his employment with the OCSO.

damages under federal law.

Tort Claims Act causes of action.

vicariously, pursuant to principles of non-delegable duty, apparent authority, agency, ostensible

JURISDICTION AND VENUE

Carolina Tort Claims Act S.C. Code Ann. § 15-78-10, et seq.

brought pursuant to 42 U.S.C. §§ 1983 and 1988 against Defendant Doroski.

JOINT AND SEVERAL LIABILITY

Jersey. He graduated from high school in 2012.

mental health condition characterized primarily by symptoms of schizophrenia, such as

44. On September 9, 2018, Mr. Tarashuk traveled southbound on Interstate 95 in his

His pickup truck was damaged in several places.

tractor-trailer as Mr. Potter was taking off.

the catwalk of Mr. Potter’s 18-wheeler.

Mr. Potter was afraid for Mr. Tarashuk’s safety.

is on the road and almost got hit by a tractor-trailer.”

recorded the subsequent events.

complied. The officers then questioned Mr. Tarashuk.

Mr. Tarashuk just shrugged.

am from the sky.”

onto his truck.

“and go for a ride…get me there on time.”

“You guys had uh…starbombing, bombfuckening, cliffsiding, redirecting.”

that the driver had kicked him out.

looked inside the cab from the steps of the cab.

“definitely … a mental subject of some sort.”

Mr. Tarashuk from a distance away.

tractor-trailer was his truck. He said he had identification in the truck.

he’s under arrest; he’s not detained.”

any evidence of Mr. Tarashuk’s belongings.

I-95, where he remained for the next forty minutes.

that they could identify him.

when he talks, he’s under the influence of something.”