NORTH CHARLESTON — A mental health facility that was cited by state regulators for failing to report the assault that landed Jamal Sutherland in Charleston County jail on Jan. 4 is taking steps to make sure such a lapse doesn't happen again.
Palmetto Lowcountry Behavioral Health turned in a corrective action plan to the S.C. Department of Health and Environmental Control on June 10. Officials reviewed the plan and approved it the following day, said Derrek Asberry, a spokesman for the agency.
DHEC inspectors visited Palmetto after regulators got a complaint on May 18 about Sutherland's arrest following the January fight at the facility, according to a health department report.
The 31-year-old Black man had been diagnosed with bipolar disorder and schizophrenia as a teenager.
Sutherland's symptoms flared in the days before New Year's Eve 2020 and his parents checked him into the facility, which had treated their son in the past.
But on the night of Jan. 4, a fight broke out between another patient and staff. Sutherland was accused of joining in the altercation after it escalated.
Staff at the facility called 911, and North Charleston police took him and the other patient to the Charleston County jail.
Under state law, incidents resulting in serious injury or death must be reported in writing to DHEC within 10 days of occurring, but that notice never occurred, inspectors found.
"Jamal was right where he was supposed to be, which they knew, and it's exactly why they failed to report his unlawful arrest," said Mark Peper, an attorney representing the Sutherland family.
According to the corrective action plan, Palmetto staff will now take the following steps after such incidents:
- Submit incident reports through an online portal.
- A facility risk manager will review the reports each day.
- Facility risk manager will start the investigatory process for all incidents that meet criteria.
- Give all incidents a rating from one to four, with one being the least severe and four being the most.
- Report all level three and four incidents to the facility's CEO immediately.
- The CEO will review all level three and four cases, oversee the investigation and report the incidents to regulatory agencies.
- Complete internal investigations within seven days of each incident.
DHEC issued Palmetto the citation on May 20 after conducting an investigation. It was the first time the facility had been cited since 2018.
Palmetto Lowcountry Behavioral Health CEO Timothy Miller said on June 11 that he and his staff are committed to "always working closely with DHEC in following guidelines and reporting requirements."
"The plan was accepted and we look forward to implementation," Miller said. "We remain committed to providing quality care to patients with special, and oftentimes complex, mental health needs. The facility is licensed and accredited, and upholds high standards for quality, safety of care and safety of the environment in which care is provided."
Sutherland died Jan. 5 after jail deputies used pepper spray, Tasers and physical force against him when he refused to leave his cell to attend a bond hearing on one count of third-degree assault and battery, a misdemeanor.
The incident sparked outrage among activists, clergy and others in the Charleston area. Videos documenting the fatal encounter were released by authorities in mid-May, prompting protests.
Charleston County Sheriff Kristin Graziano has since fired the two deputies involved in his death.
Ninth Circuit Solicitor Scarlett Wilson is currently finalizing an investigation that will determine whether the deputies face criminal charges.
