Rep. Carney's son named in hazing death lawsuit

Delaware Congressman John Carney's eldest son is a defendant in lawsuits filed by the parents of a 19-year-old Clemson University student who died after an incident during a fraternity run.

The parents of Tucker Hipps are seeking at least $25 million in two separate lawsuits, saying their son was a victim of hazing.

During a run that began at 5:30 a.m. on Sept. 22, Hipps went headfirst over a bridge into a lake and was later discovered dead, according to the lawsuits filed in Pickens County, South Carolina.

A wrongful death lawsuit says that Samuel Quillen Carney, the congressman's son and a member of the Sigma Phi Epsilon fraternity who helped organize the run, did not attempt to locate Hipps or determine his well-being after he went over the bridge "into the shallow waters of Lake Hartwell."

John Carney, a Democrat, attended a State Chamber of Commerce event at Delaware Technical Community College in Dover on Tuesday. He declined to comment about the lawsuit.

A statement released by John Carney and wife Tracey Quillen Carney said that "no one – certainly no parent – can feel anything but sympathy for this family's grief and anger.

"We have faith that those trusted with investigative and legal authority will act based on facts. Our advice to Sam since the tragedy in September has been to tell the truth and remember that any detail might help. That continues to be our message to him," the statement said.

Sigma Phi Epsilon on Tuesday afternoon issued a statement on Hipps' death.

"Tucker Hipps was taken from this world much too soon, and our thoughts and prayers have been with the Hipps family since his passing," CEO Brian Warren said.

The statement also said: "Sigma Phi Epsilon has and will continue to search for the truth of the events of this accident, although that search now moves to our justice system. The lawsuits filed this week make allegations that have not been substantiated by our investigation or evidence presented to the national fraternity by Clemson University or the Oconee County Sheriff's Office."

According to court documents, Hipps went over the bridge after a confrontation with Thomas Carter King, a member of the Sigma Phi Epsilon chapter at Clemson University. The dispute started because Hipps did not bring 30 McDonalds biscuits, 30 McDonalds hashbrowns and two gallons of chocolate milk to the run, court records said.

The lawsuits say that a "long tradition" existed among members of the local fraternity of "requiring, pressuring, encouraging and forcing pledges to jump off of one or more bridges over Lake Hartwell and swim to shore."

Hipps, who was a pledge seeking to join the fraternity, was not reported missing until 1:15 p.m., about seven hours after the predawn run. His body was discovered by Clemson police floating under a highway bridge over Lake Hartwell, the lawsuits say.

According to the lawsuits, autopsy results showed the cause of death was blunt force trauma. The Oconee County Sheriff's Office continues to investigate Hipps' death, a spokesman said.

Also named as defendants in the family's lawsuits are Clemson University, the fraternity, King and another fraternity brother, Campbell Star. Hipps, a political science major, was in his first month at the school when he died.

Law enforcement authorities have said their case in Hipps' death remains open.

In a statement provided by their lawyer, the Hipps family called the death a "senseless and avoidable tragedy."

"The culture of hazing and inappropriate conduct by social fraternities must be stopped," the family's statement says. "Universities and fraternities must make change from within to protect their own. Cynthia and Gary Hipps have filed these lawsuits in the hopes that change will happen and that no other parent will feel the pain that they have been forced to endure. Tucker lost his life, but we must not let it be in vain."

The lawsuits say Samuel Carney was "deceptive and failed to be forthcoming with police" about Hipps' death. King and Starr also attempted to delete cell phone records from around the time of Hipps' death, and Starr switched phone numbers during the investigation, the lawsuits say. Group text messages were also deleted, the lawsuits say.

Samuel Carney graduated from Wilmington Friends School in 2013. Delaware lawyer Mark Reardon is working as attorney and spokesman for the Carney family. In his written statement on Tuesday, Reardon said "when all the facts are known, the conclusion will be that Sam had no role in the tragic accident causing Tucker's death."

Clemson in February suspended the university's chapter of the Sigma Phi Epsilon for alleged violations of the student conduct code.

Cathy Sams, a spokeswoman for university, would not comment on the Hipps' lawsuit on Tuesday, saying "it is university practice not to comment on pending litigation."

Contact Jonathan Starkey at (302) 983-6756, on Twitter @jwstarkey or at jstarkey@delawareonline.com.