Greenville family files lawsuit in prisoner's death

A federal lawsuit against the South Carolina Department of Corrections alleges an inmate died of an untreated kidney infection that made him too weak to walk for at least seven days before he died.

Victor Rogers, 27, died in March 2015 as an inmate at Lee Correctional Institution in Bishopville. The lawsuit alleges at least 12 individuals connected with the prison knew Rogers was experiencing "extreme physical pain but took no action to provide or request medical care" for him.

The complaint named 17 defendants, including the director of the Department of Corrections, the warden of Lee Correctional, prison officers and medical staff.

Department of Corrections officials do not comment on pending litigation, spokeswoman Stephanie Givens said Tuesday.

The lawsuit, filed Monday on behalf of Rogers' family, alleges "illegal and unconstitutional actions" by the Department of Corrections led to Rogers' death.

"Their illegal actions consist of their deliberate indifference to the obvious, serious medical needs of Victor Rogers while he was in their custody and care, and when they owed him a duty of care," the suit said.

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Rogers was sentenced in February 2013 to seven years in prison on a second-degree burglary charge. In the lawsuit, Rogers was described as a "healthy, but profoundly mentally ill young man" when he entered the prison system.

Rogers was placed at Evan Correctional Institution in April 2013. He was later placed in solitary confinement and severely "decompensated," according to the lawsuit. A note in July 2013 indicated that he had been without medications for several months.

"While housed at Evans, Victor was noted as being catatonic," the lawsuit said. "He defecated and urinated on his food trays."

He was involuntarily committed to Gilliam Psychiatric Hospital in October 2013. His discharge summary said Rogers should be encouraged to take medications in order to maintain mental stability and that he should be seen regularly by a psychiatrist for medical evaluations, according to the lawsuit. A doctor also indicated Rogers should not be placed in restricted housing because of his "high likelihood of decompensating," the lawsuit said.

Shortly after his discharge from Gilliam, Rogers was transferred to Lee, a maximum-security prison, according to the lawsuit. The lawsuit suit alleges Rogers was placed in solitary confinement there, "where he never should have been housed given his well-documented mental illness history."

On March 3, 2015, Rogers began exhibiting "bizarre" behavior and said he was hearing voices and was going to kill himself, the lawsuit said, according to his medical history. Rogers was placed in crisis intervention with "no property, no utensils, finger foods only, strip cell, 15-minute checks, and no blanket," according to the lawsuit.

"At some point, it appears that Victor's commitment to (crisis intervention) was discontinued based on the recommendation and assessments of counselors," the lawsuit said.

On March 10, 2015, Rogers had a mental health appointment but missed it because he was "too weak" to make it, the lawsuit said. A lieutenant noticed Rogers on the floor of his cell and noted that he was "not himself." The lieutenant told SLED he reported Rogers needed to be seen on March 15 and March 16.

A sergeant responsible for transporting inmates to and from medical personnel told SLED agents he "got busy" and never attended to Rogers. A correctional officer found Rogers on the floor in his cell in the fetal position and lying in vomit about 8 a.m. March 16, 2015.

"Victor could only respond in moans," according to the lawsuit.

Two officers ordered Rogers to get up to be handcuffed on that same date, but Victor did not get up. Rogers told a correctional officer he was too weak to stand up about lunchtime and it was reported to a sergeant, the lawsuit said. Another correctional officer said Rogers never stood during her shift that started at 7 a.m. on March 16, 2015. Another officer said he didn't recall any communication with Rogers when he placed a dinner tray on the floor next to him. One inmate said Rogers asked for help during the weekend. The inmate believed Rogers did not eat for several days.

He died in a restricted housing unit about 2:30 a.m. March 17, 2015, the lawsuit said. He died from sepsis, resulting from an untreated kidney infection, according to an autopsy.