$250,000 Verdict for South Carolina Prisoner Pepper-Sprayed in Face Without Cause by Guard
On January 30, 2025, a jury in South Carolina’s Richland County Court of Common Pleas, Fifth Judicial Circuit, awarded $250,000 to a state prisoner who accused the state Department of Corrections (DOC) of gross negligence in failing to rein in a guard who assaulted him.
Prisoner Daniel Tyler Huneycutt’s allegations involved an incident that occurred at the Tyger River Correctional Institute (TRCI) on May 14, 2019. Huneycutt, who was transferred to TRCI the week before, went to the kiosk to send a job assignment request to his case manager. But there was a formal count then underway. Cpl. Vasily Chernyak, Jr. came into the dorm and ordered him return to his cell, informing Huneycutt that he must remain there during count.
Huneycutt apologized, stating that he was unaware of the requirement. But as he was returning to his cell, “Chernyak blocked his way,” the prisoner’s complaint recalled. The guard then “put his chemical munition canister one to two inches from [Huneycutt’s] face,” spraying its contents “directly [into Huneycutt’s] left eye.” Another guard, Sgt. McMorris, ordered Chernyak to stop, but the guard sprayed Huneycutt at least two additional times.
While Huneycutt was obtaining medical treatment, Chernyak taunted him about how “good” he got him with the chemical munitions. Chernyak then filed a false report about the incident, claiming that he was justifiably provoked when Huneycutt failed to comply with an order. According to McMorris, though, Chernyak lied, and when DOC investigators finished their incident review, Chernyak was fired and criminally charged. That case was later dismissed though, and no details were available.
Huneycutt filed his suit against DOC for gross negligence on February 18, 2021. Despite its own investigation that resulted in Chernyak’s firing, DOC denied that he used excessive force—though it made a $35,000 settlement offer in September 2024, which was rejected. The case proceeded to the January 2025 trial, where a jury found DOC liable for four distinct instances of gross negligence and awarded Huneycutt, now 32, actual damages of $250,000. See: Huneycutt v. S. Car. Dep’t. Corr., S.C. Common Please, 5th Jud. Cir. (Richland Cty.), Case No. 2020-CP-40.
Huneycutt also filed a civil rights action in federal court for the District of South Carolina, alleging that Chernyak used unconstitutional excessive force upon him. He further claimed that two Defendants, Associate Warden Wantonta Golden and DOC Director Bryan Stirling, denied him access to the courts and conspired to violate his constitutional rights. On June 11, 2024, the district court dismissed the claims against Golden and Stirling based on the failure to state a claim, remanding Huneycutt’s motion for default judgment against Chernyak to a magistrate judge. See: Huneycutt v. Chernyak, 2024 U.S. Dist. LEXIS 103662 (D.S.C.).
Chernyak narrowly avoided going to trial in December 2024, when he obtained a continuance for an ultimately successful effort to find counsel. The case was dismissed on February 19, 2025, in anticipation of a settlement. No agreement was docketed, however, so details were not available, nor was it clear whether DOC was indemnifying its former guard. Huneycutt was represented in both of his suits by attorneys Joseph L. Leventis of Sharpe and Leventis LLC in Columbia and Patrick J. McLaughlin of Wukela Law Firm in Florence. See: Huneycutt v Chernyak, USDC (D.S.C.), Case No. 0:22-cv-01532.
Additional source: The State
Related legal cases
Huneycutt v. S. Car. Dep’t. Corr.
| Year | 2025 |
|---|---|
| Cite | S.C. Common Pleas, 5th Jud. Cir. (Richland Cty.), Case No. 2020-CP-40 |
| Level | State Trial Court |
| Conclusion | Jury Verdict |
Huneycutt v. Chernyak
| Year | 2024 |
|---|---|
| Cite | 2024 U.S. Dist. LEXIS 103662 (D.S.C.) |
| Level | District Court |