Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 1 of 15 PAGEID # 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION LISA BRITT, ADMINISTRATRIX OF THE ESTATE OF TOMMY W. BRITT, II c/o Gerhardstein & Branch Co. LPA 441 Vine Street, Suite 3400 Cincinnati, OH 45202 v. Plaintiff, HAMILTON COUNTY, OHIO 138 E. Court Street Cincinnati, OH 45202, NAPHCARE, INC. c/o National Services Information, Inc. 145 Baker Street Marion, OH 43302 SHERIFF JIM NEIL Hamilton County Sheriff s Office 1000 Sycamore St, Cincinnati, OH 45202 Individually in his official capacity as Sheriff of Hamilton County, CURTIS EVERSON, M.D. c/o Hamilton County Justice Center 1000 Sycamore Street Cincinnati, OH 45202, Individually in his official capacity as the Medical Director at the Hamilton County Justice Center, Case No. 117-cv- Judge CIVIL COMPLAINT AND JURY DEMAND 1
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 2 of 15 PAGEID # 2 Dr. Johansen, M.D. Individually in his official capacity as doctor at the Hamilton County Jail c/o National Services Information, Inc. 145 Baker Street Marion, OH 43302 Angela M. Moore, RN Danielle McFarl, LPN Allison Kolb, LPN c/o NAPHCARE, INC. National Services Information, Inc. 145 Baker Street Marion, OH 43302 Individually in their official capacity as nurses at the Hamilton County jail, Sgt. Melissa Kilday Hamilton County Sheriff s Office 1000 Sycamore St. Cincinnati, OH 45202 Individually in her official capacity as employee of Hamilton County, JOHN/JANE DOE s #1-5 Hamilton County Sheriff s Office 1000 Sycamore St. Cincinnati, OH 45202 Individually in his/her official capacity as an medical providers at the Hamilton County jail, JOHN/JANE DOE s #5-10 Hamilton County Sheriff s Office 1000 Sycamore St. Cincinnati, OH 45202 Individually in his/her official capacity as workers at the Hamilton County jail, Defendants. 2
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 3 of 15 PAGEID # 3 I. PRELIMINARY STATEMENT 1. This civil rights case challenges the punitive denial of medical care to a dying inmate, Tommy Britt, while he was in custody at the Hamilton County Justice Center ( HCJC or Jail ). The Defendants failed to timely provide adequate medical care to Tommy Britt. When Tommy cried out for help begged to go to the hospital, the sergeant medical staff declared he was faking, ordered him to be strapped down in a restraint chair, placed on suicide watch for no reason. Their callous actions resulted in Tommy Britt s torturous pain suffering, ultimately, his death. When he was in the Jail, Tommy Britt was suffering from a life-threatening infection which required immediate treatment. His need for immediate treatment was obvious to Defendants who knew that Tommy was withdrawing from heroin, had a long history of intravenous drug use, that IV drug abusers are susceptible to life-threatening infections including endocarditis which infects a heart valve, that Tommy was suffering from noticeable signs of a serious infection soon after his incarceration, including elevated temperature heart rate. Despite knowing these risks, Defendants did not evaluate Tommy for an infection, refused him timely medical care, ignored his suffering deterioration, until it was too late. 2. Defendants know that our community is experiencing a heroin fentanyl epidemic. Many of the people who are booked in the Hamilton County Jail are addicted to heroin. These victims need treatment in the Jail, not a torturous death. They are not beyond hope. There is no one who is not saveable. Mrs. Britt, Tommy s mother, brings this action for medical malpractice, civil rights violations, wrongful death to secure fair compensation to encourage these similar Defendants to provide adequate timely medical treatment to future addicted inmates in their care. 3
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 4 of 15 PAGEID # 4 II. JURISDICTION 3. Jurisdiction over claims arising from Defendants violation of the Civil Rights Act is conferred upon this Court by 28 U.S.C. 1331, 1343 (3) (4). 4. Jurisdiction over the state law claim is conferred upon this Court by 28 U.S.C. 1367. 5. Venue is proper in this Division. III. PARTIES 6. Plaintiff, Lisa Britt is the mother of Tommy Britt the Administratrix of his Estate. She is a resident of Hamilton County, Ohio. 7. Defendant Hamilton County is a unit of local government organized under the laws of the State of Ohio. Defendant is a person under 42 U.S.C. 1983 at all times relevant to this case acted under color of law. 8. Defendant NaphCare, Inc. is a corporation was at all times relevant to this action the medical provider under contract with Hamilton County, providing medical services at the Hamilton County Justice Center ( HCJC or Jail ). NaphCare, Inc. is a person under 42 U.S.C. 1983 at all times relevant to this case acted under color of law. 9. Defendant Sheriff Jim Neil was at all times relevant to this action the Sheriff of Hamilton County, Ohio. Defendant is a person under 42 U.S.C. 1983 at all times relevant to this case acted under color of law. He is sued in both his individual official capacities. 10. Defendant Curtis Everson was at all times relevant to this action an agent of NaphCare serving as the Medical Director at the Hamilton County Justice Center. Defendant Everson is a person under 42 U.S.C. 1983 at all times relevant to this case acted under color of law. He is sued in both his individual official capacities. 4
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 5 of 15 PAGEID # 5 11. Defendant Dr. Johansen was at all times relevant to this action an agent or employee of NaphCare working as a physician at the Hamilton County Justice Center. Defendant Johansen is a person under 42 U.S.C. 1983 at all times relevant to this case acted under color of law. He is sued in both his individual official capacities. 12. Defendant Angela M. Moore, RN, was at all times relevant to this action an agent or employee of Hamilton County or NaphCare working as a nurse at the Hamilton County Justice Center. Defendant Moore is a person under 42 U.S.C. 1983 at all times relevant to this case acted under color of law. She is sued in both her individual official capacities. 13. Defendant Allison Kolb, LPN, was at all times relevant to this action an agent or employee of Hamilton County or NaphCare working as a nurse at the Hamilton County Justice Center. Defendant Kolb is a person under 42 U.S.C. 1983 at all times relevant to this case acted under color of law. She is sued in both her individual official capacities. 14. Defendant Danielle McFarl, LPN, was at all times relevant to this action an agent or employee of Hamilton County or NaphCare working as a nurse at the Hamilton County Justice Center. Defendant McFarl is a person under 42 U.S.C. 1983 at all times relevant to this case acted under color of law. She is sued in both her individual official capacities. 15. Defendants John/Jane Doe # 1-5 were at all times relevant to this action were responsible for providing medical care at the Hamilton County Justice Center were employees of Hamilton County, Ohio or its medical provider subcontractor, NaphCare. Defendants Does 1-5 are each a person under 42 U.S.C. 1983 at all times relevant to this case acted under color of law. Each of them is sued both in his or her individual official capacity. 16. Defendants John/Jane Does # 5-10 were at all times relevant to this action corrections officers employed at Hamilton County, Ohio. Defendant Does 5-10 are each a person under 42 5
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 6 of 15 PAGEID # 6 U.S.C. 1983 at all times relevant to this case each of them acted under color of law. Each of them is sued both in his or her individual official capacity. IV. FACTS A. Background 17. Tommy Britt was a 23 year old young man when he died on November 22, 2016. He graduated from Oak Hills High School in 2012 planned to attend college. He had a promising future until he became addicted to heroin fentanyl. His parents supported him through his numerous attempts to break free of his addiction. However, after each time he successfully finished treatment for his addiction, Tommy would relapse. Although Tommy Britt was part of the heroin epidemic plaguing our community, his parents continued to love him, he loved his family. They were optimistic he would eventually become sober. 18. On October 26, 2016, Tommy was booked into the Hamilton County Justice Center for a probation violation. 19. At booking, Tommy Britt was screened for his current health conditions. When he entered the jail, he had several serious medical needs including infection heroin withdrawal. 20. On October 26, 2016, Tommy asked to see a nurse for back pain a runny nose. He was seen that day exhibited signs of heroin withdrawal including nausea, vomiting, diarrhea. His symptoms were noted as mild. 21. He was referred to an advance clinical practitioner, but that appointment was never made. He was also instructed to submit a sick call request if his symptoms were not resolved or if his condition worsened. 22. A note was placed in his chart that if he became medically unstable an Emergency Offside form should be completed. 6
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 7 of 15 PAGEID # 7 23. On October 30, 2016, around 3 o clock in the morning Defendant nurse McFarl, a licensed practical nurse, took Tommy Britt s temperature noted it was elevated at 100.9. She determined he had a rapid heart rate. It was 103, which meant his heart was experiencing tachycardia. This is a serious medical condition for a person withdrawing from heroin who had a long history of IV drug use. Yet, Defendant McFarl made no further assessment, ordered no blood tests, did not contact a doctor or make an appointment for Tommy to see a doctor. 24. On October 31, 2016, Defendant nurse McFarl assessed Tommy at 3 o clock in the morning found his temperature was still 100.9 his heart rate had risen to 107. She did not assess, treat, or refer Tommy to a doctor. 25. On October 31, 2016, around 718 p.m., Tommy Britt pushed the call button in his cell told the officer he needed medical help. He was short of breath felt like he was going to pass out. The officers responded within a minute. When they arrived at Tommy s cell he had collapsed on the floor of his cell was unresponsive. The officers called a medical emergency. 26. Defendant Sgt. Kilday responded to the medical emergency found Tommy unresponsive on the floor, unable to answer any questions. The officers who called the medical emergency informed Sgt. Kilday that Tommy Britt had called for help, said he was having trouble breathing felt like he was going to pass out. 27. Immediately after Sgt. Kilday arrived, Defendant nurses Moore, Kolb McFarl arrived at the cell. They could not revive Tommy, so they administered smelling salts. He then came around explained he was not feeling well. When asked why he had not responded to the officers asking him what was wrong, Tommy explained he had been unable to talk. He was assisted to his feet, but fell to the ground each time he was stood up. The officers had to assist him up. 7
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 8 of 15 PAGEID # 8 28. His vitals were checked. His heart rate was 105, indicating tachycardia. His temperature was either not taken or not recorded. His temperature for the last two days had been elevated. Defendants knew his current prior medical condition vitals. 29. The Defendant nurses asked Tommy what was going on. He said he needed to see a nurse because his chest was hurting. He asked for medical attention. He begged to go to the hospital. 30. When the nurses told Tommy Britt they were disregarding the medical emergency refusing to send him to the hospital he became upset. He insisted they send him to the hospital. 31. Despite their knowledge of Tommy s serious medical needs, Defendants denied him medical assessment treatment ignored his requests for help. 32. Instead of providing medical care, Sgt. Kilday the Defendant nurses decided Tommy Britt was faking being not responsive. 33. Sgt. Kilday ordered that Tommy be strapped into a restraint chair. Defendant s actions were punitive. 34. Defendant Moore, without any evidence, placed Tommy on Level I suicide watch. Level I suicide watch means the inmate is placed in an empty cell with only a suicide smock. Defendant s actions were punitive. 35. With full knowledge of Tommy s medical history at the jail serious medical needs, Dr. Johansen did not assess or treat Tommy. Instead, Dr. Johansen approved placing Tommy in the restraint chair on suicide watch. His actions were punitive. 36. Tommy Britt remained in the restraint chair for three hours. While he was in the restraint chair the Defendants, including nurse Moore, violated jail policy by not allowing Tommy to 8
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 9 of 15 PAGEID # 9 exercise his limbs for ten minutes per limb, to drink water, or have the opportunity to use the restroom hourly. While restrained no one monitored his vital signs. 37. At 1035 pm Tommy was released from the restraint chair held on suicide watch for the next two days. 38. From the time he was released from the restraint chair until he was found in critical condition at 530 am on November 2, 2016, no doctor or nurse assessed his medical condition, took vital signs, or provided him medical treatment. 39. On the morning of November 2, 2016, he was found in critical condition with a heart rate of 165 an unsteady gait. The charge nurse immediately ordered that he be sent to the hospital. While vital signs were taken twice on the morning of November 2, his temperature was not taken or not recorded. At the hospital his temperature was 103.1. 40. Tommy Britt never recovered. His condition never improved after he was admitted to the hospital s intensive care unit. He remained in critical condition until his organs failed. He was removed from life support on November 22, 2016. 41. It was foreseeable that by not giving Tommy medical care, properly assessing his condition at the first sign on abnormal vitals, not providing access to a doctor, by delaying treatment, Defendants were decreasing Tommy Britt s chances of recovery survival. 42. Defendants Moore, Kolb, McFarl were routinely improperly called upon to assess the health status of patients were performing services beyond that legally authorized for their licensures. 43. Dr. Everson, Dr. Johansen, the Sheriff, the County, NaphCare policy makers had policies, practices, customs usages that caused inmates to needlessly suffer severe withdrawal symptoms side effects of IV drug use, including life threatening infections in the Hamilton 9
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 10 of 15 PAGEID # 10 County Jail. Such policies were the moving force behind the injuries suffered by Tommy Britt. By following such policies Defendants were deliberately indifferent to the serious medical needs of Tommy Britt. 44. Dr. Everson, Dr. Johansen, the Sheriff, the County, NaphCare policy makers were also deliberately indifferent to the serious medical needs of Tommy Britt by failing to train the medical staff implement jail policies, practices, customs usages that adequately addressed the obvious known health safety risks to inmates entering the Jail while withdrawing from heroin at risk of life threatening infections. 45. Defendants Hamilton County Sheriff Neil had the power ability to require NaphCare to submit reports regarding its provision of medical care, to meet with the Sheriff to discuss the provision of medical care. Hamilton County Sheriff Neil could fire NaphCare medical staff under certain conditions. Defendants County Sheriff could terminate the agreement with NaphCare with or without cause. 46. Defendants Hamilton County Sheriff Neil had the responsibility duty to monitor NaphCare s performance as a contractor ensure that the inmates within the Hamilton County Jail were receiving adequate medical care. Defendants County Sheriff failed to do so. 47. Defendants knew that inmates with histories of IV drug use related infections were at risk of serious infections required immediate proper treatment to address these infections. 48. Defendants knew that inmates with a history of heroin IV drug use who had signs of infection needed immediate assessment treatment or they would experience unnecessary suffering. Defendants did not provide the assessment treatment to Tommy Britt inmates like him were deliberately indifferent to their suffering. 10
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 11 of 15 PAGEID # 11 49. Defendants Everson, Johansen, Hamilton County, Sheriff Neil, NaphCare were deliberately indifferent to the serious medical needs of inmates with histories of IV drug use related infections by requiring permitting Defendants Moore, Kolb, McFarl to routinely inappropriately assess the health status of patients otherwise perform services beyond that legally authorized for their level of licensure. 50. Defendants Everson, Johansen, Moore, Kolb, McFarl, Sheriff Neil, Hamilton County NaphCare acted negligently, recklessly, wantonly, willfully, knowingly, intentionally with deliberate indifference to the serious medical needs of Tommy Britt other patients suffering from complications as a result of IV drug use related infections. 51. Defendants refusal to provide basic medical care in response to an obviously serious medical risk was unreasonable, reckless, deliberately indifferent to Tommy Britt s serious medical needs. 52. Defendants knew Tommy Britt had a serious medical need to be treated for withdrawal an infection, that he was at serious risk of harm if he were not treated. Defendants knowingly disregarded that risk. 53. Defendants acted intentionally, knowingly, unreasonably, negligently, recklessly, with deliberate indifference to the rights safety of Tommy when they utterly failed to provide any kind of medical care placed him in restraints on suicide watch. 54. The actions of the Defendants reflect an arbitrary abuse of government power, which shocks the conscience. 55. Defendants Hamilton County, Sheriff Neil, Dr. Everson, NaphCare, established policies, practices customs of unnecessarily delaying adequate medical health services to 11
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 12 of 15 PAGEID # 12 inmates, including Tommy, with serious medical needs failing to secure appropriate, timely treatment by appropriate medical providers for inmates, including Tommy. 56. The policies, customs, patterns, practices of Hamilton County were the moving force behind the constitutional deprivations suffered by Tommy at the HCJC. The deprivations included the denial of adequate treatment, care, observation. The extreme delay in securing adequate medical treatment caused Tommy unnecessary pain suffering caused his death. 57. At all times relevant to this action, Defendants Hamilton County, NaphCare, Sheriff Neil, Dr. Everson failed to train supervise the Jail staff, including the other defendants, in properly caring for treating inmates with serious medical needs. All Defendants simply ignored the obvious risks of harm to Tommy the simple means of timely treating managing Tommy s medical condition. 58. Tommy s harm was preventable with adequate medical care medical treatment, which was not provided by Defendants. 59. As a direct proximate result of Defendants actions, Tommy endured extreme physical pain suffering, emotional distress, anguish, humiliation before his death. Tommy died a torturous death. 60. As a further direct proximate result of Tommy s wrongful death, his survivors /or heirs have suffered permanent damages, including but not limited to, the loss of his support, services, society, including lost companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, education, as well as the loss of prospective inheritance. 12
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 13 of 15 PAGEID # 13 61. As a further direct proximate result of Tommy s wrongful death, Tommy s survivors, next of kin /or heirs have suffered permanent damages, including but not limited to, grief, depression, severe emotional distress. They have incurred funeral bills other expenses. V. FIRST CAUSE OF ACTION 42 U.S.C. 1983 62. Plaintiff incorporates paragraphs 1 through 61 as if fully written herein. 63. Defendants have, under color of law, deprived Tommy Britt of rights, privileges immunities secured to him by the Fourth Fourteenth Amendment of the United States Constitution, including but not limited to, the right to adequate medical care when incarcerated as a pretrial detainee. 64. Defendants Hamilton County, Sheriff Neil, NaphCare, Dr. Everson failed to adequately train supervise the corrections officers the medical staff in the assessment, monitoring, treatment of inmates in serious medical need. 65. The rules, regulations, customs, policies procedures of the Defendants Hamilton County, Sheriff Neil, NaphCare, Dr. Everson regarding the treatment management of persons requiring specialty medical care were inadequate, unreasonable, deliberately indifferent were the moving force behind the constitutional deprivations suffered by Tommy Britt. VI. SECOND CAUSE OF ACTION MEDICAL MALPRACTICE 66. After Tommy Britt was admitted to the Jail, Defendant doctors nurses failed to use reasonable care in treating his heroin withdrawal infections. Each Defendant doctor nurse defendant breached his or her duty to care for Tommy Britt. 1 1 Affidavit of medical expert is attached. 13
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 14 of 15 PAGEID # 14 67. Defendant Medical Director Dr. Everson failed to ensure that adequate policies were in place at the Jail to appropriately identify, diagnose treat inmates entering the jail with a history of IV drug use who were at risk for infections, including endocarditis. 68. The conduct of Dr. Everson Dr. Johansen deviated from stard medical practice in violation of Ohio law. Their conduct was a proximate cause of Tommy Britt s injuries, including pain suffering, emotional trauma, pre-death agony, lost chance of survival. 69. The conduct of Defendant nurses Moore, Kolb, McFarl breached their duty to provide medical care to Tommy Britt consistent with stard medical practice, all in violation of Ohio law. Their conduct was a proximate cause of Tommy Britt s injuries, including pain suffering, emotional trauma, pre-death agony, lost chance of survival. VII. THIRD CAUSE OF ACTION NAPHCARE NEGLIGENCE 70. Defendant NaphCare its employees agents owed a duty of reasonable care to Tommy Britt. 71. Defendant NaphCare had a duty to provide qualified personnel who were adequately trained supervised to perform medical services at the Jail a duty to use reasonable care in determining the qualifications adequate performance of its contractors, agents employees who provide medical services. Defendant NaphCare breached this duty. 72. Defendant NaphCare had a duty to establish appropriate policies procedures concerning the medical treatment of inmates at the Jail. Defendant NaphCare breached this duty. 73. Defendant NaphCare, their contractors, employees agents breached their duty of care to Tommy Britt by failing to provide appropriate medical care treatment under the circumstances. 14
Case 117-cv-00724-TSB Doc # 1 Filed 10/27/17 Page 15 of 15 PAGEID # 15 74. NaphCare s conduct was a proximate cause of Tommy Britt s injuries, including pain suffering, emotional trauma, pre-death agony, lost chance of survival. VIII. FOURTH CAUSE OF ACTION WRONGFUL DEATH 75. Defendants Everson, Johansen, Moore, Kalb, McFarl, Kilday, NaphCare s actions caused the wrongful death of Tommy Britt resulting in damages recoverable under O.R.C. 2125.02. IX. JURY DEMAND 76. Plaintiff requests a jury trial on all claims triable to a jury. X. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that this Court A. Award Plaintiff compensatory damages in an amount to be shown at trial; B. Award punitive damages against the individual Defendants (not Hamilton County) in an amount to be shown at trial; C. Award Plaintiff reasonable attorney's fees costs under 42 U.S.C. 1988; D. Award Plaintiff prejudgment interest; E. Grant to the Plaintiff such additional relief as the Court deems just proper. Respectfully submitted, s/ Jennifer L. Branch Jennifer L. Branch (0038893) Trial Attorney for Plaintiff Alphonse A. Gerhardstein (0032053) Attorney for Plaintiff Gerhardstein & Branch, Co LPA 441 Vine Street, Suite 3400 Cincinnati, Ohio 45202 (513) 621-9100 Phone (513) 345-5543 Fax jbranch@gbfirm.com 15