IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION 17CV14108 LOUIS WAYNE GALLIGAN,

Similar documents
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES ) ) ) ) ) ) ) ) ) ) ) PARTIES

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY

Case: 4:17-cv Doc. #: 1 Filed: 07/19/17 Page: 1 of 14 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI

3:14-cv CSB-DGB # 1 Page 1 of 8 IN THE U.S. DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION. Plaintiff, No.: Defendants.

Case 1:17-cv RBK-JS Document 1 Filed 09/08/17 Page 1 of 14 PageID: 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

2/25/2019 4:13 PM 19CV08567 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH

Plaintiffs, Defendants. COMPLAINT. necessary medical care for serious medical needs by the defendants during her commitment to the

3/24/ :21:10 AM 17CV12356 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR MULTNOMAH COUNTY. ) ) Case No.: ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) CLAIM FOR RELIEF. (Negligence)

Case 3:16-cv KI Document 1 Filed 11/14/16 Page 1 of 8

8/4/ :46:38 AM 16CV25037 FOR THE COUNTY OF MUL TNOMAH. 12 Comes now plaintiff and for claims for relief against the above named defendant,

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH. Case No. ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) No.

Case3:05-cv WHA Document1 Filed02/14/05 Page1 of 5

11/9/2017 9:48 AM 17CV48960 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES. Case No.

Case 4:14-cv RH-CAS Document 1 Filed 07/18/14 Page 1 of 11. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA Tallahassee Division

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH

Case 3:15-cv AJB-KSC Document 1 Filed 10/16/15 PageID.1 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

3/11/ :19 AM 19CV11254 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE 0:12-cv PJS-TNL Document 15 Filed 08/14/12 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Case 1:17-cv RDB Document 1 Filed 03/06/17 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND (NORTHERN DIVISION)

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION. ) ) ) ) ) ) ) Case No. ) ) ) ) ) ) COMPLAINT AT LAW

1/9/2019 1:52 PM 19CV01569 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH. Case No.

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LANE COUNTY

2/13/ :36 PM 19CV07131 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR MULTNOMAH COUNTY. Case No. COMPLAINT. Negligence FACTUAL ALLEGATIONS

UNITED STATES DISTRICT COURT

Case 2:17-cv GJQ-TPG ECF No. 1 filed 01/25/17 PageID.1 Page 1 of 14 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH. Case No. ) ) ) ) ) ) ) ) ) ) ) ) NATURE OF THE ACTION PARTIES

10/18/ :38 AM 18CV47218 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH. Case No. COMPLAINT.

Case 4:14-cv RH-CAS Document 8-1 Filed 03/17/14 Page 1 of 21. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA Tallahassee Division

Case: 1:12-cv Document #: 1 Filed: 06/12/12 Page 1 of 7 PageID #:1

Case 3:07-cv CBK Document 62 Filed 02/02/12 Page 1 of 14 PageID #: 704

Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

IN THE CIRCUIT COURT OF THE STATE OF OREGON COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) )

Case: 1:13-cv HJW Doc #: 1 Filed: 03/28/13 Page: 1 of 9 PAGEID #: 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

FILED: KINGS COUNTY CLERK 03/19/ :53 PM INDEX NO /2013 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/19/2018

IN THE IOWA DISTRICT COURT FOR POTTAWATTAMIE COUNTY

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION

Case 1:06-cv VM-HBP Document 1 Filed 07/10/06 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

9/10/2018 4:20 PM 18CV40045 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH

Case 0:17-cv WPD Document 1 Entered on FLSD Docket 10/13/2017 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:06-cv JJF Document 5 Filed 06/20/2006 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case 3:18-cv Document 1 Filed 09/19/18 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case 3:10-cv B Document 1 Filed 09/10/10 Page 1 of 6 PageID 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 2:17-cv Document 1 Filed in TXSD on 12/12/17 Page 1 of 10

case 2:14-cv PPS-JEM document 15 filed 09/21/14 page 1 of 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION

Case 4:12-cv Y Document 28 Filed 08/29/12 Page 1 of 7 PageID 179

1/1/2019 4:52 PM 19CV00011 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR MULTNOMAH COUNTY. Case No. COMPLAINT FACTUAL ALLEGATIONS

Leroy Jackson v. City of Philadelphia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Foriest, James v. UPS

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION

8/31/2018 2:12 PM 18CV38516 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 3:17-cv Document 1 Filed 11/13/17 Page 1 of 11 UNTIED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

Case5:02-cv JF Document3 Filed11/06/02 Page1 of 14

:MONMOUTH COUNTY :LAW DIVISION Plaintiff(s), :DOCKET NO. MON-L

10/11/2018 8:39 AM 18CV45669 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) COMPLAINT ) ) ) Case No.:

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) COMPLAINT

Case3:09-cv EMC Document1 Filed08/28/09 Page1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

Case 3:07-cv JCS Document 1 Filed 09/27/2007 Page 1 of 5

4 Tel: ( Fax: (62 ) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MICHAEL HOLGUIN,

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

DEFENDANT S CASE EVALUATION SUMMARY INTRODUCTION. Plaintiff, *** fell in the entryway of the *** on ***, allegedly injuring her shoulder and

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION

Plaintiff, for its Complaint against the above-captioned Defendants, states and

IN THE CIRCUIT COURT OF SHELBY COUNTY, TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS

led FEB SUPERIOR COURl l.h '-.. irornia BY DEPUTY 1. GENERAL NEGLIGENCE 2. WILLFUL MISCONDUCT 3. WRONGFUL DEATH 4.

IN THE CIRCUIT COURT OF THE STATE OF OREGON COUNTY OF MULTNOMAH

Case 3:12-cv MAS-LHG Document 29 Filed 03/26/13 Page 1 of 21 PageID: 227 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

Case 1:14-cv Document 10 Filed in TXSD on 09/25/14 Page 1 of 11

Case 2:06-cv FSH-PS Document 20 Filed 01/10/08 Page 1 of 7

(Negligence, Negligence Per Se)

IN THE CIRCUIT COURT OF SEBASTIAN COUNTY, ARKANSAS FORT SMITH DISTRICT CIVIL DIVISION

FILED: SUFFOLK COUNTY CLERK 09/26/ :45 PM INDEX NO /2016 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/26/2016

10/19/2017 2:27:32 PM 17CV46203 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF CURRY. Case No. COMPLAINT GENERAL ALLEGATIONS

Kramer v MABSTOA 2013 NY Slip Op 33390(U) December 20, 2013 Supreme Court, New York County Docket Number: /10 Judge: Donna M.

FILED: KINGS COUNTY CLERK 07/31/2013 INDEX NO /2013 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/31/2013

3:18-cv MGL Date Filed 07/31/18 Entry Number 1 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION

Case 1:12-cv JEB Document 1 Filed 01/17/12 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Plaintiff, v. No.

Case 3:18-cv JSC Document 1 Filed 05/02/18 Page 1 of 11

In the United States District Court for the District of Colorado

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 2:13-cv BJR Document 24 Filed 05/23/14 Page 1 of 9

Case: 1:15-cv Document #: 1 Filed: 01/23/15 Page 1 of 10 PageID #:1

Filed Electronically. HURRICANE BAY AND KENTUCKY KINGDOM a/k/a KENTUCKY KINGDOM REDEVELOPMENT COMPANY, LLC a/k/a KENTUCKY KINGDOM, LLLP

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT WILL COUNTY, ILLINOIS ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT AT LAW

Case 1:16-cv Document 1 Filed 08/30/16 Page 1 of 11 CIVIL ACTION NO. 1:16-CV-1020

SUPERIOR COURT OF WASHINGTON FOR KING COUNTY. COMES NOW Plaintiff against the above-named defendants, and states and alleges

10/10/2018 9:50 AM 18CV45543 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH. Case No. ) ) ) ) ) ) ) ) ) ) ) ) ) )

2:16-cv GCS-MKM Doc # 1 Filed 04/26/16 Pg 1 of 13 Pg ID 1 UNITED STATES DISTRICT COURT IN THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 2:10-cv TS Document 2 Filed 11/15/10 Page 1 of 9

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA. Plaintiff, Number:

Case 1:08-cv TC Document 2 Filed 12/09/2008 Page 1 of 25

Transcription:

// 11:: AM CV11 """ ~o ~~;::O S: ai >aiai :=1<: Cl ai ~~ ~...J,.;i: "---..-..- """ ;:;r; z..c ::: Q) e. - <e..-ai x - O>..c: ca "' :::, a_ LL J1l w """ 1 1 11 1 1 1 1 1 1 1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION CV11 LOUIS WAYNE GALLIGAN, [Personal Injuries/Negligence; U.S.C. Plaintiff, Sect. 1 (Civil Rights)] vs. Amount Pleaded: $1,. (Not Subject to Mandatory Arbitration) STATE OF OREGON DEPARTMENT OF CORRECTIONS, a state agency, and, MARK NOOTH, MAHMOUD ALY, SERGIO CASTELLANOZ, OFC. D. THOMAS, and OFC. BERGMAN, individuals Defendants. Plaintiff alleges: 1. At all times relevant herein, Plaintiff Louis Wayne Galligan was and is a resident of Oregon. Plaintiff was and is an inmate at Snake River Correctional Institution ("SCRJ") in Ontario, Oregon.. At all times material herein, Defendant Oregon Department of Corrections ("ODOC") was and is a state agency charged with managing the prisons of the State of Oregon, including SCRI. ODOC is responsible for selecting, hiring, and training its correctional officers and prison employees. ODOC is also responsible for creating, enacting, and enforcing policies and PAGE 1 -

procedures related to all aspects of Oregon prisons, including those related to inmate safety. At 1 all times mentioned herein, ODOC was located in Marion County, Oregon. SRCI was managed by Superintended Mark Nooth acting under color and pretense oflaw, and under color of the statutes, regulations, policies, practices, customs, and usages of Defendant ODOC, and was acting within the course and scope of his employment.. At all relevant times mentioned herein, Defendant Sergeant Mahmoud Aly was employed by ODOC as a Sergeant at SCRI. During all times mentioned herein, Sergeant Aly was acting under color and pretense oflaw, and under color of the statutes, regulations, policies, practices, customs, and usages of Defendant ODOC, and was acting within the course and scope of his employment as a sergeant with Defendant ODOC.. 1 1 1 At all relevant times mentioned herein, Defendant Officer Sergio Castellanoz was employed by ODOC as a correctional officer at SCRI. During all times mentioned herein, Officer Castellanoz was acting under color and pretense oflaw, and under color of the statutes, regulations, policies, practices, customs, and usages of Defendant ODOC, and was acting within the course and scope of his employment as a correctional officer with Defendant ODOC.. At all relevant times mentioned herein, Defendant Officer D. Thomas was employed by ODOC as a correctional officer at SCRI. During all times mentioned herein, Officer Thomas was PAGE - COMPLAJNT

1 acting under color and pretense oflaw, and under color of the statutes, regulations, policies, practices, customs, and usages of Defendant ODOC, and was acting within the course and scope of his employment as a correctional officer with Defendant ODOC.. At all relevant times mentioned herein, Defendant Officer Bergman was employed by ODOC as a correctional officer at SCRI. During all times mentioned herein, Officer Bergman was acting under color and pretense of law, and under color of the statutes, regulations, policies, practices, customs, and usages of Defendant ODOC, and was acting within the course and scope of his employment as a correctional officer with Defendant ODOC.. On April, 1 at SCRI, Plaintiff injured his left leg when a cable trapped his leg, severely injuring his left knee during a softball game, causing serious injuries that required medical treatment. 1 1 1. Plaintiff fell during his tum "at bat," after he hit the ball and began to run toward first base. As he stepped out of the batter's box and started to run full force, his ankle became entangled in a cable that connected the bat to a steel ring located between the pitcher's mound and home plate.. PAGE -

1 Plaintiffs left knee was fully extended while he was running. As his ankle was trapped by the cable, he heard a few loud pops before he fell onto his right side, screaming in pain. His left knee cap was sitting up on his thigh. 1. As Plaintiff lay on the ground in agony, CO Castellanoz and Sergeant Aly arrived at the scene. Sergeant Aly called for a medical response team from the prison hospital at S.R.C.I. Due to negligent maintenance, the electric cart ceased functioning halfway to the scene, resulting in a delay for the nurses to arrive. He was asked to stand to get onto a wheelchair, but the severity of his pain would not allow him to do so. The medical response team was unable to get a gurney to Sergeant Aly sent for a pair of scissors to allow the nurse to cut Plaintiffs pants to see 11. 1 1 1 1 the injury. At that point, it was determined an emergency room visit and ambulance transportation were necessary. 1. Plaintiff was left lying in the sun with no blanket for shock and no water while Officer Thomas and Officer Bergman arrived on scene to photograph him and the cables. Plaintiff witnessed Officer Bergman move and rearrange placement of the bat and cable prior to taking photographs of the bat and cable. I. PAGE -

'St ~o ~r=!~ s: a,mmo;> :::, ebro g,~~ o _J~ L..-- o~~ z.l:: - 'St I!) :: Q.).!!!.- <l'. ~ x... O>..c co (/) :,O.u.. ~w ~ 'St 1 1 11 1 1 1 1 1 1 1 Plaintiff was transported by ambulance to St. Alphonsus Hospital, where he was diagnosed with a rupture of the patellar tendon and a rupture of the extensor mechanism, which required invasive surgery. 1. Plaintiff was placed in a full-length leg brace and returned to S.R.C.I to the Infinnary, where he was to remain until the institution's Dr. Gullick would visit him on April, 1. Dr. Gullick did not visit him on April th. 1. While at St. Alphonsus Hospital, the attending doctor spoke with Dr. Foote, who was going to be performing the surgery on April, 1. However, it was not until May 1, 1 that he was transported to Weiser Memorial Hospital for the surgery to be performed by Dr. Petersen. He was given no reason for the change in surgeons or for being forced to wait until May 1, 1 to have surgery instead of on April, 1.. From April, 1 through May 1, 1, he went without pain medication because he would have lost his place in the minimum-security facility if he chose to take the pain medication. Had he chosen to mitigate his pain with reasonable medication he would have put himself at great risk for violent injury at the maximum security facility. This unreasonable rule put him at a Hobbesian choice of pain versus risk of violence, which in a civil society is not a choice that should be placed on any human being, regardless of penal status. As a result, he was able to keep his spot in the minimum-security facility, but was in agonizing pain for 1 days until he was scheduled for surgery. PAGE -

1. Throughout Plaintiffs recovery, he received no physical therapy and now walks with a permanent limp with recurring pain, stiffness, and weakness in his knee, which prevents him from actively participating in sports and doing the labor intensive work he used to do at S.C.R.I. 1. Plaintiffs injuries have permanently disabl~d him, resulting in a loss of future earning capacity. FIRST CLAIM FOR RELIEF (Negligence) (Against ODOC) 1 1 1 1. Plaintiff re-alleges paragraphs 1 through 1 as though fully set forth herein.. Plaintiffs fall and subsequent injuries were caused by ODOC's negligence in one or more of the following particulars. (a) Failing to maintain the prison equipment in a reasonably safe manner; (b) Failing to adequately inspect the softball equipment and remove or repair any dangerous conditions; (c) Failing to recognize the dangerous condition of the cable; PAGE -

(d) Failing to correct the dangerous condition of the cable; '<t -~O ~ ~:: s: cuoicncn :::J CX)CO O j '~ ~ J~ L_-...- ~ z..c.'<ti!) a:: o Q) e~ <(... lii x _. O).c ro Cl) :::, Cl. u.. if]w '<t 1 11 1 1 1 1 1 1 1 (e) Failing to protect Plaintiff from injury from dangerous conditions not readily apparent to him; (f) Failing to warn Plaintiff of the dangerous condition of the cable; (g) Failure to allow minimum security inmates to ingest pain medication; (h) Failure to adequately maintain the electric gurney. (i) Unreasonably delaying in treating Plaintiffs injuries. 1. ODOC owed Plaintiff a duty to protect him from physical injury.. ODOC knew or should have known that there was a substantial risk that Plaintiff would be injured by the cable and his pain would be prolonged due to treatment.. ODOC' s negligence as alleged herein was a substantial factor in causing Plaintiff to suffer pennanent and disabling injuries to his left knee. His injuries have caused and will continue to cause Plaintiff future pain, discomfort and interference with his nonnal and usual activities. For these losses, Plaintiff is entitled to non-economic damages in a reasonable amount to be determined by a jury not to exceed $,.. Defendants' negligence caused Plaintiff to incur medical expenses in an amount not exceeding $1,. and will require Plaintiff to incur future medical and medical-related expenses in the amount which will be proven at trial. PAGE -

SECOND CLAIM FOR RELIEF 1 (Violations of th Amendment Right Against Cruel and Unusual Punishment and the 1 th Amendment Right Against Deprivation of Life and Liberty) (Against All Defendants) Plaintiff re-alleges paragraphs I through 1 as though fully set forth herein. Defendants violated Plaintiff's civil rights by acts or omissions sufficiently harmful to g 11 evidence deliberate indifference to serious medical needs in violation of the Eighth Amendment. '<t They also intentionally interfered with Plaintiff's medically prescribed surgery by delaying.. 1 1 1 1 1 1 treatment. The defendants did not provide Plaintiff with reasonably adequate care, by: a. Failing to immediate summon a medical response team to provide aid to Plaintiff, despite obvious signs that Plaintiff had been seriously injured. b. Leaving Plaintiff on the ground in pain without water or shade for an hour. c. Failing to provide Plaintiff with the necessary surgery to repair his ruptured patella tendon within a reasonable time. d. Failing to provide Plaintiff with necessary surgical aftercare to aid his recovery. e. Failing to provide Plaintiff with post-operative physical therapy. PAGE - THIRD CLAIM FOR RELIEF (Failure to Provide Handicap Access to Facilities)

'SI"... 'SI" 1 1 11 1 1 1 (Against ODOC) Plaintiff re-alleges paragraphs 1 through 1 as though fully set forth herein... ODOC failed to provide handicap access to the Donn 1 facilities while Plaintiff was recovering from surgery and was in rehabilitation. follows: WHEREFORE, Plaintiff prays for a judgment in his favor and against Defendants as (I) For his past medical expenses in an amount not exceeding $1,. and for future medical expenses in an amount to be proved at trial; () For non-economic damages in a reasonable amount to be determined by a jury not to exceed $,; () For loss of future earning capacity in an amount to be proved at trial; and () For attorney fees (associated with the Civil Rights claim), costs and disbursements incurred herein. DATED this th day of April,. ARNOLD LAW Michael Arnold, OSB #11 mike@amoldlawfirm.com Attorney for Plaintiff PAGE -