benjamin haile, osb #04066 united states district...

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BENJAMIN HAILE, OSB #04066

[email protected]

Portland Law Collective LLP

1130 SW Morrison St., Suite 407

Portland, OR 97205

Tel: 503-228-1889

Fax: 503-223-4518

Attorney for the Plaintiff

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

EUGENE DIVISION

LINDA MAE PARIS in her individual

capacity and as personal representative of

the ESTATE OF DONNIE RAY

BROWN, deceased, and JOHNNY MAC

PARIS,

Plaintiffs,

vs.

CONMED HEALTHCARE

MANAGEMENT, INC., COOS

COUNTY, MR. MORGAN, MR.

DELEON, MARJORY HAUSLER,

JUDITH STENSLAND, and JOHN

DOES 1-5,

Defendants.

Case No.

COMPLAINT

(Wrongful Death, Deliberate

Indifference to Medical Need,

Professional Negligence, Negligence)

DEMAND FOR JURY TRIAL

COMPLAINT

INTRODUCTION

1.

Donnie Ray Brown died on November 21, 2013 from untreated ulcers. Routine

medical procedures could have prevented the ulcers from becoming life threatening until

Case 6:14-cv-01620-TC Document 1 Filed 10/13/14 Page 1 of 28

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less than a day before his death. Mr. Brown died because he could not go to a doctor or

hospital. Mr. Brown could not see a doctor because he was serving a 30 day sentence in

the Coos County Jail. He was at the mercy of medical care professionals employed by

Conmed, a corporation that contracts to provide medical care in jails and prisons

throughout the United States. He was also at the mercy of members of the Coos County

Sheriff’s Department. As symptoms of serious illness became more and more obvious,

Mr. Brown repeatedly asked to see a doctor or go to the hospital. Other inmates tried to

get medical help for him. Their efforts failed. Mr. Brown died one day before he would

have completed his sentence.

2.

Mr. Brown’s mother, Linda Mae Paris, brings the primary claims in this case on

behalf of her son’s estate for cruel and unusual punishment, wrongful death, and

negligence against Conmed and specific Conmed health care workers, and against Coos

County.

JURISDICTION

3.

The First and Second Claims for Relief are civil rights actions arising under 42

U.S.C. § 1983 for violations of rights secured by the United States Constitution by a

person acting under the color of state law. The Court has federal question jurisdiction

over these claims pursuant to 28 U.S.C. §§ 1331, 1343(a)(3), and 1343(a)(4).


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4.

The First, Second, and Third, and Fourth Claims include as a Defendant a

corporation that is a citizen of a different state from the Plaintiffs. The Court has

diversity jurisdiction pursuant to 28 U.S.C § 1332(a)(1).

5.

The Third, Fourth, and Fifth Claims for Relief, for wrongful death by professional

negligence and negligence, arise under state law and are based on the same operative

facts as the First Claim for Relief. The Court has supplemental jurisdiction over these

claims pursuant to 28 U.S.C § 1367.

PARTIES

6.

Donnie Ray Brown (hereinafter Mr. Brown) is deceased. At the time of his death

he resided in Coos Bay, Oregon. He was 43 years old.

7.

Linda Mae Paris (hereinafter Ms. Paris) is Donnie Ray Brown’s mother. She is

the duly appointed personal representative of the Estate of Donnie Ray Brown. At all

relevant times, she resided in Coos County, Oregon. Ms. Paris brings claims on behalf of

the Estate of Mr. Brown. She also brings a claim in her individual capacity for violation

of a parent’s right of association with her child.


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8.

Johnny Mac Paris is Donnie Ray Brown’s step-father. At all relevant times, he

resided in Coos County, Oregon. He brings a claim for violation of a parent’s right of

association with his child.

9.

Coos County is a public body liable under the laws of the State of Oregon for its

own acts and for the acts and omissions of its law enforcement officers and other

employees, including those whose conduct contributed to the death of Mr. Brown.

10.

The service of this complaint provides Coos County with timely written notice of

claims thereby satisfying the notice requirements of the Oregon Tort Claims Act.

11.

Conmed Healthcare Management, Inc., (hereinafter Conmed) is a Delaware

Corporation licensed to do business in the State of Oregon. Conmed provided health care

to prisoners at the Coos County Jail under color of law pursuant to a contract with Coos

County. Conmed performed functions in the Coos County Jail traditionally performed

only by state and/or municipal entities. Conmed is liable under federal and state law for

its own acts and the acts and omissions of its employees, including those whose conduct

contributed to the death of Mr. Brown.

12.

Mr. Morgan is a health care provider working at all relevant times for Conmed

under color of law as a nursing assistant within the Coos County Jail. His job title is

Emergency Medical Technician.


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13.

Mr. DeLeon is a health care provider working at all relevant times for Conmed

under color of law as a nursing assistant within the Coos County Jail. His job title is

Emergency Medical Technician.

14.

Marjory Hausler (hereinafter Nurse Hausler) is a registered nursed licensed to

practice in the State of Oregon. At all relevant times, Nurse Hausler was acting within

the course and scope of her employment with Conmed. She was also working under

color of law as the primary health care provider within the Coos County Jail.

15.

Judith Stensland (hereinafter Nurse Stensland) is a nurse practitioner licensed to

practice in the State of Oregon. At all relevant times, Nurse Stensland was acting within

the course and scope of her employment with Conmed. She was also working under

color of law as the person in charge of health care within the Coos County Jail.

16.

John Does 1-5 are persons acting under color of law for Conmed or Coos County,

in their individual capacities, whose actions contributed to the suffering and death of Mr.

Brown.

FACTS

17.

On October 28, 2013, Mr. Brown was arrested and booked into the Coos County

Jail on warrants issued in August 2013.


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18.

An intake medical screening when he entered the jail reported that he was in good

health.

19.

On November 1, 2013 he plead guilty to Assault 4, a class A misdemeanor, and

Harassment, a class B misdemeanor in case number 13-CR-0917. He was convicted and

sentenced to 20 days in jail, with credit for time served. He also plead guilty to

possession of a controlled substance a class C felony, in case number 13-CR-0487. He

was convicted and sentenced to 10 days in jail, consecutive to the sentence for Assault 4

and Harassment.

20.

On November 8, 2013 he was selected to work on a maintenance crew. By

November 9th he had become ill. He suffered from stomach pain, loss of appetite, and

sleeplessness, and weakness.

21.

On November 12th he went to work for the first time on the maintenance crew

under the supervision of Ronald Wooldridge. He was unable to work due to his illness.

Mr. Wooldridge removed him from the work crew.

22.

That day, a Coos County sheriff’s deputy working in the jail called Nurse Hausler

to examine Mr. Brown. She examined him with Mr. Morgan. Mr. Brown told them that

he was suffering from chest pains, swollen ankles, and that he had not sleep the entire


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previous night. His blood pressure was elevated, at 142 over 98. His pulse was elevated

at 115 beats per minute.

23.

Nurse Hausler ordered that Mr. Brown not return to work. At Mr. Brown’s

request, she ordered that Brown be assigned to a lower tier cell so that he could avoid

climbing stairs.

24.

Mr. Brown was unable to move his personal property from his cell on the upper

tier to the lower tier. An inmate with the last name of Wallis was assigned to assist him.

25.

On November 14, 2013 Nurse Stensland evaluated Mr. Brown. Nurse Stensland

noted that Mr. Brown was alert and oriented to persons, place, and time. His heartbeat

had a regular rate and rhythm, and no murmur. But Nurse Stensland also noted that Mr.

Brown had an anxious expression. Nurse Stensland noted rigidity of the abdominal

muscles, and hyperactive bowel sounds. Mr. Brown told Nurse Stensland that he had

vomited four times and had diarrhea five times. He said that he was experiencing

abdominal pain, leg swelling, shortness of breath when he tried to walk, and weakness.

26.

Nurse Stensland diagnosed the problem as gastroenteritis. Nurse Stensland

prescribed immodium in 2 mg tablets up to three times per day, as needed. Immodium is

a brand of loperamide, a drug that relieves the symptoms of diarrhea.

27.

No loperamide of any kind was ever offered to Mr. Brown.


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28.

Following the examination by Nurse Stensland, Mr. Brown was permanently

removed from the maintenance crew due to his ongoing inability to work. As a result,

Mr. Brown was assigned to move from housing in the J-Pod, reserved for workers, to the

I-Pod, for inmates who do to have work assignments.

29.

Mr. Brown was unable to carry his personal property from J-Pod to I-Pod. An

inmate was assigned to assist him on November 14th.

30.

From November 15th to 17th, Mr. Brown’s illness continued to get worse. He

repeatedly sought medical attention. Inmates repeatedly tried to get medical attention for

him. He did not receive any medical attention during this period. Mr. Brown suffered

during this period from extreme abdominal pain. He stopped eating. He rarely got up

from his bunk.

31.

On November 18, 2013 at 3:14 am, Deputy Hill came to the I-Pod on his security

rounds. He heard Mr. Brown moaning. Mr. Brown said that he was “plugged up” and

asked for Milk of Magnesia. Deputy Hill gave Mr. Brown a cup of Milk of Magnesia.

At 4:44 am Deputy Hill returned to the I-Pod on his next security round. He again heard

Mr. Brown moaning and went to check on him. Mr. Brown looked and sounded like he

was in pain. Deputy Hill and Sgt. Dennis moved Mr. Brown to a cell in the booking area

so they could observe him better. He remained under observation in the booking area


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until the afternoon of November 19th. While he was there, a deputy would briefly check

on him and make a note at approximately half hour intervals.

32.

At 5:21 am on November 18th, a deputy observed that Mr. Brown was awake and

groaning. At 6:06 a deputy observed that Mr. Brown had not eaten his breakfast, but

drank coffee and milk. At 10:05 a deputy gave him Milk of Magnesia.

33.

At 10:15 am Mr. Morgan evaluated Mr. Brown. Mr. Brown reportedly told Mr.

Morgan that he had been constipated for four to five days. Mr. Brown pointed at the

toilet in the cell and asked if he was urinating blood. Mr. Morgan observed that the water

in the toilet was a light orange color. Mr. Morgan erroneously interpreted this as an

indication of dehydration. Mr. Brown told Mr. Morgan again that he was worried that it

was blood. Mr. Brown asked to go to the hospital. Mr. Morgan told Mr. Brown that he

was not referring him to the hospital because “nothing shows anything wrong.” Mr.

Morgan ordered additional Milk of Magnesia.

34.

Mr. Morgan did not seek additional information about Mr. Brown’s symptoms.

Mr. Morgan did not check Mr. Brown’s vital signs. He did not ask Mr. Brown about his

abdominal pain, sleep loss, weakness, or loss of appetite. He did not ask for information

about Mr. Brown’s intake of fluids. He did not ask for details about Mr. Brown’s

constipation. He did not determine whether Mr. Brown had taken the Immodium

prescribed on November 14th.


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35.

At 12:30 pm Mr. Morgan observed that Mr. Brown ate little of his lunch. No

health care worker had any further contact with Mr. Brown on November 18th.

36.

On November 19, 2013 at 1:40 pm, Mr. Morgan met with Mr. Brown. Mr.

Morgan reports that Brown said he had had a bowel movement in the night while he was

sleeping. Mr. Morgan reported a smell of feces in the cell, and reported that he saw a bag

that he believed to contain clothes soiled with feces. Mr. Brown’s only reported

explanation for the circumstances was that he had eaten oatmeal, which had “plugged

him up,” and that he had stopped eating solid foods thereafter, and only consumed coffee

and juice. Mr. Morgan’s only advice to Brown was to drink plenty of water. He ordered

Mr. Brown to be released from close observation in the booking area and returned to the

general population.

37.

Mr. Morgan did not note any of Brown’s symptoms. He did not take Mr.

Brown’s pulse, blood pressure or temperature. He did not examine Mr. Brown’s

abdomen, check for bowel sounds, or ask Mr. Brown any questions about his abdominal

pain. He did not ask Mr. Brown about the color of his urine. He did not inquire about

the circumstances of Mr. Brown’s apparent bowel movement in his sleep.

38.

Mr. Brown was unable to obtain any medical attention or treatment for the next

two days. During that time, his health continued to deteriorate. He was unable to eat.

He drank little. He rarely left his bed. He experienced severe abdominal pain. He


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experienced severe chills. He lost weight. Inmates in the dormitory became more and

more concerned about his illness. They tried repeatedly to get help. Inmates alerted the

corrections officers assigned to the dormitory. They alerted the medical personnel who

came onto the unit to dispense medication. One inmate advised Mr. Brown on how to

file a petition for a writ of habeas corpus to seek medical care. Their efforts, like Mr.

Brown’s, were unsuccessful.

39.

On November 21, 2013, the day Mr. Brown died, a deputy called Mr. Morgan at

1:30 pm and told him that Mr. Brown was asking for medical attention. Morgan arrived

in the dormitory at approximately 2:00 pm. He reported that he observed Mr. Brown

without Brown’s knowledge and noted that Brown walked casually and without apparent

discomfort. Mr. Morgan reported that only after Brown saw Mr. Morgan did Mr. Brown

begin to act like he was having a hard time walking and to act like he was experiencing

pain. Mr. Morgan suspected that Brown was feigning illness to try to be released early.

Mr. Morgan reported that he asked Brown only three questions: (1) was Mr. Brown still

having constipation, to which Brown answered “yes”; (2) had Mr. Brown lied about

having a bowel movement two days earlier, to which Mr. Brown reportedly did not

answer; and (3) would Mr. Brown like something for “it”, to which Mr. Brown answered

“yes”. Mr. Morgan arranged for MR. Brown to receive Milk of Magnesia. Mr. Morgan

advised Brown to drink plenty of water, and left.


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40.

Shortly thereafter, Mr. Brown approached the deputy on duty and asked urgently

if he could go to the hospital. His statement to the deputy included, “What do I have to

fucking do to get out of here?” He was not allowed to go to the hospital at that time.

41.

At approximately 3:00 pm, Kyle Golden, an inmate, was delivering clean laundry

to the cells in the I-Pod when he found Mr. Brown in his cell vomiting blood. Mr. Brown

lifted his head up from the sink and Golden saw blood and bloody vomit on his lips, his

chin, and his clothes. There was blood and bloody vomit about four inches deep in the

sink and running down the front of the sink and onto the floor. Mr. Golden called deputy

Gill and showed him the blood.

42.

Deputy Gill called Deputy Valencia, who moved Mr. Brown to a medical room

called “2B” and called Mr. Morgan. Mr. Morgan asked Valencia to bring Brown to the

booking area. Valencia waited for an escort because Brown appeared to be so desperate

that Valencia was afraid he might “try something.”

43.

Brown was breathing heavily. His heart rate and blood pressure were elevated.

He was having difficulty standing or walking.

44.

Mr. Morgan did not go to 2B to assist Brown. Instead he went to the booking

area and waited for Brown to arrive. Mr. Morgan was accompanied in the booking area

by Mr. DeLeon.


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45.

Mr. Brown was brought to the booking area in a wheel chair at approximately

3:35 pm. Mr. DeLeon took Mt. Brown’s vital signs for the first time since November

14th. He noted elevated blood pressure at 160 over 110. Everyone present noted that

Mr. Brown was jaundiced. They put Brown in a cell in the booking area. Brown

vomited blood into the sink. A short time later, he vomited blood into the toilet.

46.

Mr. Morgan, Mr. DeLeon, Deputy Shane Shobar, and others conferred at length

about what to do. Eventually they decided to release Brown and give him a free ride to

the hospital.

47.

By releasing Brown before allowing him to go to the hospital, they relieved

Conmed and Coos County from any financial responsibility for Brown’s hospital costs.

48.

At 4:10 pm Brown was taken out of booking and given a ride to Coquille Valley

Hospital.

49.

Brown arrived at Coquille Valley Hospital at approximately 4:35 pm. A sheriff’s

deputy brought him in by wheelchair and left him in the Emergency Room. Hospital

staff immediately realized that Mr. Brown was in critical condition. They put Mr. Brown

on an IV of normal saline. They gave him Dilaudid for pain. A surgeon and

anesthesiologist were called in from their homes. Brown’s blood pressure dropped from

110/80 at 4:53 pm to 85/44 at 5:50 pm. By 8:55 pm he had become unresponsive and


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respiration was agonal. At 9:30 pm atropene and epinephrine were administered to

stimulate his heart. Efforts to intubate him for respiration revealed substantial bleeding

from the stomach.

50.

Ms. Paris received a call at 9:30 pm informing her that her son was in serious

condition at the hospital. She drove from her home in Coos Bay to the hospital in

Coquille. She arrived at 10:25 pm. At that time Dr. Nancy Keller informed her that her

son had died at 10:14 pm.

51.

An autopsy showed the Mr. Brown had two ulcers that had become so severe that

they both perforated through the wall of the duodenum and allowed the contents of his

stomach to flow into his abdominal cavity, leading to massive acute peritonitis and death.

FIRST CLAIM FOR RELIEF

Cruel and Unusual Punishment through Deliberate Indifference to Critical Medical

Needs, in Violation of the Eighth Amendment to the U.S. Constitution: (Against

Conmed, Ms. Hausler, Ms. Stensland, Mr. Morgan, Mr. DeLeon, and John Doe

Defendants in their individual capacities serving in the Coos County Jail as

employees of Coos County or Conmed, a claim arising under 42 U.S.C. § 1983)

52.

The Plaintiff incorporates by reference all preceding paragraphs.

53.

Mr. Brown needed medical care throughout the period from November 12 to 21,

2013. The care he needed was essential for the prevention of severe abdominal pain, loss

of appetite, sleeplessness, weakness, internal bleeding, perforated ulcers, and death.


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54.

John Doe Defendants employed by the Coos County Sheriff and Conmed,

including Nurse Hausler, Nurse Stensland, and nursing assistants Mr. Morgan and Mr.

DeLeon were aware of a substantial risk of harm to Mr. Brown through information from

the following sources:

a) their personal observations of Mr. Brown,

b) information provided to them by Mr. Brown,

c) information provided to them by inmates incarcerated with Mr. Brown, and

d) information provided to them by other defendants employed in the Coos

County Jail.

55.

The defendants were aware of a substantial risk of harm to Mr. Brown through

one or more of the following circumstances or symptoms displayed to them by Mr.

Brown and/or reported to them:

a) inability to work on the maintenance crew;

b) elevated pulse and blood pressure;

c) swelling of the ankles and feet;

d) rigidity of the abdominal muscles;

e) clutching the abdomen;

f) pain in the chest and abdomen for many days;

g) inability to sleep for many nights;

h) facial expressions of anxiety, pain, and discomfort;

i) shortness of breath;


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j) recurring nausea and vomiting;

k) failure to eat meals for many days and reduced consumption of liquids;

l) weakness for many days, including difficulty walking, difficulty climbing

stairs, and inability to carry personal property when moving from one part of

the jail to another;

m) remaining in bed for the majority of the day for many days;

n) diarrhea for many days followed by failure to have a bowel movement for

many days;

o) moaning all night in apparent pain on the night of November 17-18 and other

nights;

p) requesting repeatedly to go to the hospital;

q) having a bowel movement while sleeping on November 19th;

r) orange colored urine;

s) rapid weight loss;

t) pale skin;

u) yellowing of the eyes;

v) a large amount of bloody emesis on November 21st;

w) recurring bloody emesis on November 21st;

56.

Members of the Coos County Sheriff’s department, including John Doe

Defendants, with deliberate indifference, subjected Mr. Brown to cruel and unusual

punishment in violation of the Eighth Amendment to the U.S. Constitution and Article 1

Section 16 of the Oregon Constitution through one or more of the following particulars:


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a) refusing to listen or act on Mr. Brown’s requests for medical help;

b) choosing to not investigate reports that Mr. Brown was displaying symptoms

of serious illness;

c) choosing not to investigate observations of Mr. Brown’s symptoms of serious

illness;

d) choosing not to summon medical staff;

e) choosing not to report symptoms to medical staff;

f) choosing not to report symptoms to other Coos County Jail staff;

g) failing to arrange for Mr. Brown to be examined or treated by a health care

provider other than Conmed and its employees;

h) choosing not to take Mr. Brown to the hospital;

i) choosing not to transport Mr. Brown to Coquille Valley Hospital on

November 21st by ambulance;

j) failing to provide doctors or other staff at Coquille Valley Hospital with

information about Mr. Brown’s illness and symptoms.

57.

Employees of Conmed, including the individual persons named as defendants,

and John Doe Defendants, and Conmed in its individual capacity and by and through its

employees, with deliberate indifference, subjected Mr. Brown to cruel and unusual

punishment in violation of the Eighth Amendment to the U.S. Constitution and Article 1

Section 16 of the Oregon Constitution through one or more of the following particulars:

a) choosing to not take Mr. Brown’s vital signs from November 14 at 10:00 am

to November 21 at 3:35 pm;


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b) choosing to not adequately question Mr. Brown about his symptoms;

c) choosing not to adequately examine Mr. Brown;

d) choosing to not listen to Mr. Brown’s requests for medical help;

e) choosing to ignore information about Mr. Brown provided by other inmates;

f) failing to accurately document symptoms in Mr. Brown’s medical file,

including symptoms reported by Mr. Brown and other inmates, and

observations made by medical staff;

g) failing to advise Mr. Brown against taking ibuprofen and failing to advise jail

staff to stop giving Mr. Brown ibuprofen;

h) choosing to release Mr. Brown from observation in the booking area on

November 19th;

i) choosing to not to consult with or report Mr. Brown’s symptoms to a doctor

for the entire time he was in the Coos County Jail;

j) failing to provide treatment for ulcers;

k) failing to provide treatment for ileus;

l) failing to provide relief for acute abdominal pain;

m) ignoring Mr. Brown’s repeated requests to be hospitalized, ignoring the need

for hospitalization, and not allowing Mr. Brown to go to the hospital prior to

the afternoon of November 21st;

n) choosing to hold Mr. Brown in the booking area on the afternoon of

November 21st and delay referring Mr. Brown to the hospital until late in the

afternoon;


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o) choosing not to transport Mr. Brown to Coquille Valley Hospital by

ambulance;

p) failing to provide doctors or other staff at Coquille Valley Hospital with

information about Mr. Brown’s illness and symptoms.

58.

As a result of cruel and unusual punishment inflicted by the defendants, Mr.

Brown suffered from severe pain, fear of permanent injury or death, perforated ulcers,

leakage of the contents of the stomach into the abdominal cavity, and death. Mr. Brown

suffered the loss of enjoyment of the life he would have led. Harm to Mr. Brown and his

estate for all claims are stated in more detail below in the section titled Damages.

59.

For claims arising under 42 U.S.C. 1983, the Estate is entitled to recover

reasonable attorney fees and costs of litigation pursuant to 42 U.S.C. 1988.

SECOND CLAIM FOR RELIEF

Violation of a Parent’s Right of Association with His or Her Child in Violation of

the Fourteenth Amendment to the U.S. Constitution: (Against Coos County,

Conmed, Ms. Hausler, Ms. Stensland, Mr. Morgan, Mr. DeLeon, and John Does in

their individual capacities serving in the Coos County Jail as employees of Coos

County and Conmed, a claim arising under 42 U.S.C. § 1983)

60.


61.

Mr. and Ms. Paris had a fundamental liberty interest in the companionship of their

child, Donnie Ray Brown. This interest was protected by the Fourteenth Amendment to

the U.S. Constitution.


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62.

Coos County, Conmed, John Does employed by the Coos County Sheriff and

Conmed, as well as Nurse Hausler and nursing assistants Mr. Morgan and Mr. DeLeon,

deprived Mr. and Ms. Paris of this fundamental liberty interest by causing Mr. Brown to

die through the actions described above.

63.

The manner in which the defendants caused Mr. Brown to die shocks the

conscience of reasonable persons by violating fundamental principles that are deeply

rooted in the traditions and conscience of our society.

64.

Mr. and Ms. Paris suffered the loss of their son. Harm to Mr. and Ms. Paris

include grief, depression, remorse, denial, isolation, and anger. Harm to Mr. and Ms.

Paris are stated in more detail below in the section titled Damages.

THIRD CLAIM FOR RELIEF

Professional Negligence through failure to provide medical care consistent with the

standard of care in the community (Against Coos County and Conmed, and against

John Does employed by Coos County for damages in excess of the statutory cap

imposed by the Oregon Tort Claims Act; a claim arising under state law,)

65.


66.

While Coos County incarcerated Mr. Brown in the Coos County Jail, he was

unable to access any medical care on his own. Coos County had a non-delegable duty to

ensure that Mr. Brown was able to access adequate medical care while he was


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incarcerated in the Coos County Jail. This duty is provided by ORS 169.140 as well as

Oregon common law, the Oregon Constitution, and the U.S. Constitutions. Coos County

is liable for the professional negligence of Conmed and its employees.

67.

Conmed had a duty pursuant to a contract with Coos County, and pursuant to the

role it assumed as the primary health care provider to inmates in the Coos County Jail, to

ensure that Mr. Brown was able to access adequate medical care. Conmed is vicariously

liable for the professional negligence of its employees.

68.

The risk of harm to Mr. Brown was foreseeable to the defendants as a result of the

notice provided by the particulars listed above in Paragraphs 54 and 55.

69.

Coos County by and through the conduct of Conmed and its employees; Conmed,

by and through its employees, including but not limited to employees named as

defendants in this Complaint; and individual defendants employed by Conmed including

John Doe Defendants, were negligent in their medical treatment of Mr. Brown in that

they failed to use that degree of care, skill, and diligence used by ordinarily careful health

care providers practicing in the same or similar circumstances in the same or similar

community.

70.

The professional negligence of the defendants included each of the particulars

listed above in Paragraph number 57, including subparagraphs (a) through (p).


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FOURTH CLAIM FOR RELIEF

Negligence (Against Conmed, a claim arising under state law.)

71.


72.

Mr. Brown’s suffering and death were a foreseeable result of the failure of

Conmed to ensure that adequate policies, training and supervision were in place to

provide adequate medical care.

73.

The negligence of Conmed, including acts and failure to act by its supervisory

staff and policy makers included the following particulars:

a) Adopting a cost cutting policy of directing employees to arrange for the

release of patients from the Coos County Jail prior to referring them to the

hospital, thereby creating a reason for employees to suspect all ill inmates of

feigning illness to obtain release;

b) Adopting a cost cutting policy of training employees to withhold treatment

from inmates who are close to the end of their sentences;

c) Failing to adequately train its employees to schedule appointments with a

nurse practitioner, physician’s assistant, or doctor when necessary;

d) Failing to adequately train its employees to transfer inmates to the hospital for

urgent medical care;

e) Improper hiring of medical staff who were responsible for treating Mr. Brown

who lacked qualifications for the responsibilities to which they were assigned.


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f) Failing to adequately train its employees in the manner of examining a person

suspected of attempted manipulation such that the employee could obtain an

accurate diagnosis, including thorough examination through questioning of

the patient about history and symptoms, and careful observation of objectively

observable symptoms;

g) Failing to adequately train its employees in the recognition of symptoms of

ulcer and ileus;

h) Failing to adequately staff the medical care program at the Coos County jail,

including but not limited to failure to provide for the presence of a doctor,

nurse practitioner, or registered nurse from November 15 through 21, 2014,

including failing to provide for a replacement for Nurse Hausler while she was

out of town at a conference;

i) Failing to train its employees in the Coos County Jail to prepare a pass-down

log by the end of each shift and provide it to the next shift, and to ensure that

this procedure was followed;

j) Failing to implement an adequate policy and adequately train employees to

ensure that when an inmate it transferred to the hospital, medical records are

provided to the hospital;

FIFTH CLAIM FOR RELIEF

Negligence (Against Coos County, a claim arising under state law, and against John

Does employed by Coos County for damages in excess of the statutory cap imposed

by the Oregon Tort Claims Act.)

74.



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75.

Coos County, by and through the acts and failures to act by its employees

working in the Coos County Jail, including but not limited to John Doe defendants,

prevented Mr. Brown from being able to access essential medical care, including each of

the particulars listed above in Paragraph 56, including subparagraphs (a) through (j).

76.

Mr. Brown’s suffering and death were also a foreseeable result of the failure of

Coos County and its policy making officials to ensure that adequate policies, training and

supervision were in place to provide essential medical care.

77.

Coos County and its senior policy makers acted or failed to act in the following

particulars which prevented Mr. Brown from being able to access adequate medical care.

a) Failing to oversee and supervise the provision of health care in the Coos

County Jail by Conmed;

b) Failing to investigate complaints by inmates and persons complaining on

behalf of inmates about the inadequacy of the health care in the Coos County

Jail by Conmed;

c) Adopting a cost cutting policy of releasing patients from the Coos County Jail

prior to transporting them to the hospital, thereby creating a reason for

employees and health care providers to suspect all ill inmates of feigning

illness to obtain release;

d) Failing to adequately staff the Coos County Jail;


- COMPLAINT

e) Failing to adequately train staff at the Coos County Jail to recognize and

report symptoms of serious physical illness including clutching the abdomen,

shortness of breath, inability to sleep, facial expressions of anxiety, pain, and

discomfort, failure to eat meals for many days, reduced consumption of

liquids, remaining in bed, difficulty walking, difficulty climbing stairs,

inability to carry personal property when moving from one part of the jail to

another, moaning at night, weight loss, and bloody emesis;

f) Failing to train its employees in the Coos County Jail to prepare a pass-down

log by the end of each shift and provide it to the next shift, and to ensure that

this procedure was followed.

78.

Coos County is also liable for the negligence of Conmed described above in the

Fourth Claim for relief, for deficient policies, training, and supervision, because of Coos

County’s non-delegable duty to ensure that adequate medical care is provided to

prisoners.

DAMAGES

All Claims

79.

Punitive damages against all defendants except Coos County are appropriate due

to the degree of reprehensibility of the defendants’ conduct, the risk of future harm due to

the defendants’ conduct, the potential for the defendants to profit financially from their

conduct, the frequency of similar past conduct, the potential for the defendants to benefit

financially, and the financial position of the defendants. Defendants displayed a callous


- COMPLAINT

disregard for the pain, suffering, and illness of a person who had no options for helping

himself or gaining help except from the defendants. Consequently, punitive damages are

necessary to deter future violations of the same or a similar nature, and to punish the

defendants. The plaintiff demands punitive damages in the amount of $1,000,000 from

Conmed and $100,000 from each of the individual defendants in their individual

capacities.

80.

From November 12 to November 21, 2013, Mr. Brown suffered severe abdominal

pain, other pain, periods of diarrhea, vomiting, periods of constipation, loss of sleep, loss

of appetite, weight loss, weakness, shortness of breath, inability to work, frustration at

being unable to access adequate medical care, and fear of permanent injury or death.

This harm is valued at $200,000.

81.

Mr. Brown experienced additional pain and distress on November 21, 2013,

including repeatedly vomiting up blood, disorientation and confusion, perforated ulcers,

leakage of the contents of the small intestine and stomach into the abdominal cavity, and

death. This harm is valued at $300,000

82.

Mr. Brown suffered the loss of enjoyment of the life he would have led, for which

the Estate is entitled to compensation in the amount of $2,000,000.

83.

Mr. Brown incurred medical expenses for treatment at the Coquille Valley

Hospital on November 21, 2013 in the amount of $8500.15.


- COMPLAINT

84.

Mr. Brown suffered the loss of his future earning capacity in the approximate

amount of $400,000, for which the Estate is entitled to compensation.

85.

The Estate, has incurred burial and memorial expenses rendered for Mr. Brown in

the amount of $4,500

86.

Mr. and Ms. Paris have been deprived of the companionship, society, support,

love, and affection of their son, all of which are cause for compensation to Mr. and Ms.

Paris and the Estate of Mr. Brown for non-economic damages in the amount of

$1,000,000.

87.

The plaintiff demands a trial by a jury of his peers.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs Linda Mae Paris and Jonny Mac Paris pray for judgment

against the Defendants as follows:

1) Findings and orders that Coos County and Conmed violated the prohibition

against cruel and unusual punishment under the Eighth Amendment by being

deliberately indifferent to the risk of serious illness and death of Mr. Brown;

2) Findings and orders that Coos County and Conmed violated the right of Mr.

and Ms. Paris to association with their child by causing his death through

conduct that shocks the conscience;


- COMPLAINT

3) For punitive damages:

a. $1,000,000 against Conmed,

b. $100,000 from each of the individual persons named as defendants;

4) For non-economic damages:

a. physical pain and suffering and emotional distress experienced Mr. Brown

from November 12 through 21, $200,000,

b. additional pain, distress and death on November 21, 2013, $300,000,

c. loss of enjoyment of the life that Mr. Brown would have led, $2,000,000.

d. loss of society, love, companionship and services of Mr. Brown to Mr. and

Ms. Paris, $1,000,000,

5) For economic damages:

a. medical expenses in the amount of $8500.15.

b. lost future earnings in the amount of $400,000,

c. burial services and memorial services in the amount of $4,500;

6) Reasonable attorney fees and costs of litigation.

7) Any further relief that the Court may deem just and equitable.

DATED, this 13th day of October, 2014.

____________________________

Benjamin Haile, OSB # 04066

Attorney at Law


benjamin haile, osb #04066 united states district...

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