Two settlements came out of the January 2019 carbon monoxide deaths at Columbia’s Allen Benedict Court public housing complex. In 2023, a federal judge approved a $2 million wrongful death settlement between the Columbia Housing Authority (CHA) and the estate of Calvin Witherspoon Jr., one of the two men who died. Separately, in April 2025, a Richland County judge granted preliminary approval to a $1 million class action settlement for roughly 400 residents who were evacuated from the complex. A final fairness hearing on the class settlement was set for the first available court term after November 15, 2025.1WIS TV. $2 Million Settlement Reached in Allen Benedict Court Death Lawsuit2Proffitt & Cox. Deadline: Former Tenants of Allen Benedict Court Must File Claims by 9/1/25
What Happened at Allen Benedict Court
On January 17, 2019, Calvin Witherspoon Jr., 61, and Derrick Roper, 30, were found dead in separate apartments at the 244-unit complex, which had been built in 1940 and was managed by the CHA. The Richland County Coroner ruled both deaths carbon monoxide poisoning, traced to a thirty-year-old gas furnace vented improperly because of debris buildup. None of the 244 units had carbon monoxide detectors.3FindLaw. Washington v. Housing Authority of the City of Columbia
A follow-up inspection by the Columbia Fire Department found what Fire Chief Aubrey Jenkins called “severe and lethal” carbon monoxide levels and gas leaks across the complex’s 26 buildings. All 411 residents were ordered to evacuate on January 18, 2019.4The State. Allen Benedict Court Public Housing Complex Evacuated5WIS TV. Columbia Housing Authority Holds Public Meeting With Displaced Allen Benedict Court Residents A city investigation later documented 869 code violations across 22 categories.6The State. Allen Benedict Court Code Violations
The $2 Million Witherspoon Wrongful Death Settlement
Danielle Washington, Witherspoon’s daughter, sued the CHA in federal court on behalf of her father’s estate. Attorneys Richard Hricik and Amanda Dure brought the case under Section 1983, arguing the CHA acted with “deliberate indifference to the risk of harm” in how it maintained the property.1WIS TV. $2 Million Settlement Reached in Allen Benedict Court Death Lawsuit
The district court initially dismissed the case, finding the CHA’s conduct amounted to negligence rather than the deliberate indifference a constitutional claim requires. On January 19, 2023, the U.S. Fourth Circuit Court of Appeals reversed and sent the case back for further proceedings.7Justia. Washington v. Housing Authority of the City of Columbia, No. 21-2059 The Fourth Circuit pointed to the CHA’s own 2017 safety policy, known as “Policy 8-1.C,” which classified missing carbon monoxide detectors and improper furnace venting as “life-threatening conditions” in private properties the CHA inspected. The CHA chose not to apply that standard to its own buildings. The court held that this conscious choice showed the agency understood the danger and disregarded it in its own housing. It also rejected the argument that a prior death was needed to prove the risk, calling that reasoning a “one free death” card.
After the case was reinstated, the parties settled. A federal judge approved a $2 million settlement in October 2023. The CHA paid $1.6 million out of its own funds, and its insurer covered the remaining $400,000. After roughly $400,000 in attorney fees and expenses, the Witherspoon family received about $1.1 million.1WIS TV. $2 Million Settlement Reached in Allen Benedict Court Death Lawsuit8WLTX. Allen Benedict Court Calvin Witherspoon Lawsuit
The research file describes a settlement with the Witherspoon estate only. It does not report a similar settlement involving the family of the second victim, Derrick Roper.
The $1 Million Class Action Settlement for Displaced Residents
Former tenants pursued their own case in state court. In late January 2019, Tammy L. Basinger and Khaylis C. Scott filed a putative class action against the CHA, alleging the agency had failed to maintain the complex for years and had ignored repeated resident complaints about gas smells and safety problems.9Proffitt & Cox. Law Firms Represent Former Tenants of Allen Benedict Court in Class Action Lawsuit A second suit brought by Cedric T. Montgomery and other former tenants raised similar claims.
The path to a class settlement was not straight. In March 2023, Judge Jocelyn Newman denied class certification, ruling that former residents would have to bring their claims individually.10Proffitt & Cox. Former Tenants of Allen Benedict Court Must Bring Individual Claims The two cases were later consolidated, and on April 9, 2025, a Richland County Court of Common Pleas judge granted preliminary approval to a $1 million class settlement with the CHA.2Proffitt & Cox. Deadline: Former Tenants of Allen Benedict Court Must File Claims by 9/1/25 The consolidated actions involved 159 individual plaintiffs, 102 adults and 57 minors.11CPT Group Case Info. Preliminary Order, Basinger v. Columbia Housing Authority
How the $1 Million Will Be Divided
The $1 million fund is to be distributed on a per-person basis to qualifying adult and minor claimants after these deductions:
- Attorney fees of $250,000.
- Incentive payments of $2,500 each to named plaintiffs Basinger and Scott.
- Administration costs charged by CPT Group, the third-party claims administrator.
- Reimbursement of litigation costs advanced during the case.
No funds will be paid out until the court grants final approval.
Filing Deadline and Final Hearing
Former tenants who were not already represented by counsel had to submit a claim form by September 1, 2025. A final fairness hearing was to be scheduled for the first available court term after November 15, 2025.2Proffitt & Cox. Deadline: Former Tenants of Allen Benedict Court Must File Claims by 9/1/25
What the Settlements Did Not Cover
Neither settlement carried criminal liability. Fifth Circuit Solicitor Byron Gipson concluded there was no probable cause to pursue criminal charges against the CHA in general sessions court.12WIS TV. No Criminal Charges Filed in Deaths at Allen Benedict Court8WLTX. Allen Benedict Court Calvin Witherspoon Lawsuit13WIS TV. One Month Later, Displaced Residents of Allen Benedict Court Struggle to Find New Normal14The Columbia Star. Council Approves Spending $150,000 to Assist Allen Benedict Court Residents