Hiv Positive John Doe
Hiv Positive John Doe
Hiv Positive John Doe
John Doe, )
)
Plaintiff, )
)
v. )
)
City of St. Louis, Missouri, )
)
Correctional Medical Services, Inc., in its )
individual and official capacities, )
) No. 4:10-cv-2158
Eugene Stubblefield, individually and in his )
official capacity, ) JURY TRIAL DEMANDED
)
Susan Singer, individually and in her )
official capacity, )
)
Brenda Mallard, individually and in her )
official capacity and )
)
Pat Roes 1-5, in their individual capacities, )
)
Defendants. )
)
)
Complaint
Introduction
1. This is a civil rights action filed by John Doe (“Doe”), a recent inmate of
the Medium Security Institution (“MSI”), which is correctional facility located within and
operated by the City of St. Louis. At some times relevant to this suit, Doe was an inmate
the Justice Center, also a correctional facility located within and operated by the City of St.
Louis. Doe is HIV positive and, prior to his incarceration, was being successfully treated
by his physician. In this action for prospective relief and damages under 42 U.S.C. § 1983,
Doe alleges Defendants demonstrated deliberate indifference to his serious medical needs
to, their failure to provide him any treatment for a period of more than two weeks upon his
incarceration and their subsequent sporadic treatment with respect to prescribed medication
and dosages.
E.D.Mo.L.R. 2.07(A)(1) because the claims for relief arose in the City of St. Louis,
Missouri.
Parties
facilities located in and operated by the City of St. Louis, Missouri, from late-winter 2010
until November 2010, and at all times relevant to this Complaint. He is currently released
subdivision of the State of Missouri. Defendant City owns and operates MSI and the
Justice Center.
corporation in good standing that is located and doing business within the Eastern District
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8. Defendant Eugene Stubblefield (“Stubblefield”) is and has been at all
relevant times the Superintendent of the Division of Corrections (“DOC”) under the
Department of Public Safety in the City, and is charged with the responsibility for
operations of the City’s correctional facilities as well as the training and supervision of
personnel within the facilities. Upon information and belief, he is the ultimate
policymaker for the City with respect to the operations of the DOC. Defendant
Stubblefield has had knowledge of the constitutional violations alleged herein since no
later than October 1, 2010. He is named in his individual and official capacities.
Plaintiff’s treatment while in custody of the City. Upon information and belief,
independent contractor.
Doe while in custody of the City. Upon information and belief, Defendant Mallard
11. Defendants Pat Roe 1-5 were during the events alleged in this complaint
employees of the City or CMS. Plaintiff has not yet identified these Defendants. They
12. Each defendant acted under color of state law at all times relevant to this
complaint.
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Facts
17. Prior to his incarceration, Plaintiff was being successfully treated by his
physician.
18. Promptly upon entering the custody of the City and his arrival at a
correctional facility operated by Defendant City, Plaintiff notified DOC and CMS
personnel that he is HIV-positive and requires daily prescribed medication for this serious
medical condition, and also told them about his medicines and dosages.
19. On or about three days after the start of his incarceration, Plaintiff executed
20. At 4 p.m. on the same day Plaintiff executed the release of information,
medications.
21. Within an hour of contacting the Plaintiff’s physician, the physician’s office
faxed to Defendant Singer the names and dosages of the medications that had been
22. Despite repeated complaints from Plaintiff to DOC and CMS personnel,
verbally and in writing, Plaintiff did not receive treatment for his HIV disease.
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23. On or about ten days after the start of his incarceration, for example,
Plaintiff submitted to DOC and CMS personnel a “Correctional Medical Services Health
Services Request Form” on which he wrote: “Have never seen doctor or received life
saving med. Have been here [for ten days]. Have ask[ed] several times.”
24. Plaintiff did not receive any medication until the eleventh day after the start
25. Tylenol was the only medication Plaintiff received until the seventeenth day
after the start of his incarceration when he finally began to receive treatment for HIV.
26. Treatment was, however, sporadic, which has dangerous consequences for
persons with HIV, such as Plaintiff. For example, the prescribed medication was often not
received, including but not limited to on April 13, 2010; April 14, 2010; April 15, 2010;
April 24, 2010; May 15, 2010; May 29, 2010; June 1, 2010; June 9, 2010; June 24, 2010;
July 7, 2010. Additionally, administration of prescribed medications has been sporadic for
extended periods.
27. Defendants at all relevant times had actual knowledge of Plaintiff’s serious
medical condition and his need for HIV treatment with prescribed medications.
medical needs.
29. The systemic and individual actions and inactions, which unconscionably
denied Plaintiff’s lifesaving, pre-incarceration HIV treatment for the first sixteen days of
his custody, adversely, and detrimentally affected and continues to affect Plaintiff’s
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30. The repeated systemic and individual failures after the Plaintiff finally
began receiving HIV medication (on the seventeenth day of his incarceration), to provide
him every dose of the medication prescribed for his HIV treatment adversely and
31. The actions and inactions by the individually named defendants caused
clear constitutional violations and the adverse and detrimental effect on Plaintiff’s
indifference to the serious medical needs of persons with HIV, of denying or delaying
medical treatment of newly incarcerated persons, and of failing to adequately follow vital
medication regimes. The actions, and inactions, of the defendants as alleged herein were
indifference to the serious medical needs of persons with HIV, of denying or delaying
medical treatment of newly incarcerated persons, and of failing to adequately follow vital
medication regimes. The actions, and inactions, of the defendants as alleged herein were
34. The policies, practices, or customs of Defendants City and CMS are the
driving force behind the actions and inaction alleged herein and the Plaintiff’s injuries.
35. At all times relevant to the allegations herein, defendants were aware of
Plaintiff’s medical needs, were deliberately indifferent to Plaintiff’s medical needs, and
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36. As a direct and proximate cause of the Defendants’ actions and inactions
described herein and the policies, practices, or customs of Defendants City and CMS,
B. Suffering,
C. Stress,
D. Fear,
E. Physical injury,
or both.
37. Plaintiff continues to suffer damages as a direct and proximate cause of the
38. Defendants City, CMS, Stubblefield, Singer, and Mallard failed to train and
Mallard, the not-yet identified Pat Roe defendants, and others; the failure caused the
39. Upon information and belief, if Plaintiff is not promptly and consistently
provided with medications, in vital compliance with the physician prescribed regime for
treatment of his HIV, then the adverse and detrimental affect on his condition or prognosis
or both continues and exacerbates. Although Plaintiff was recently released on bond,
criminal charges remain pending against him; therefore, there is a real and immediate
threat that he will be subjected to similar injuries in the future in light of the persistent
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COUNT I
Violation of Civil Rights
42 U.S.C. § 1983
Eighth and Fourteenth Amendment – Deliberate Indifference
Against Correctional Medical Services, Inc., in its individual capacity; Eugene
Stubblefield, in his individual capacity; Susan Singer, in her individual capacity; Brenda
Mallard, in her individual capacity, and Pat Roes 1-5, in their individual capacities
41. Upon information and belief, Defendants CMS in its individual capacity;
Stubblefield, in his individual capacity; Singer, in her individual capacity; Mallard, in her
individual capacity; and Pat Roes 1-5, in their individual capacities, were each aware of
42. Upon information and belief, Defendants CMS, in its individual capacity;
Stubblefield, in his individual capacity; Singer, in her individual capacity; Mallard, in her
individual capacity; and Pat Roes 1-5, in their individual capacities, individually and
treatment.
WHEREFORE AS TO COUNT I, Plaintiff requests this Court grant the following relief:
A. Issue a declaratory judgment stating that: the greater than two week failure
to provide any treatment and failure to provide vital compliance with the
her individual capacity; Mallard in her individual capacity; and Pat Roes 1-
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B. Issue an injunction ordering Defendants CMS, in its individual capacity;
Mallard, in her individual capacity; and Pat Roes 1-5, in their individual
D. Grant to Plaintiff such other and further relief as is just and proper under the
circumstances.
COUNT II
Violation of Civil Rights
42 U.S.C. § 1983
Eighth and Fourteenth Amendment – Deliberate Indifference
Against City of St. Louis, Missouri; Correctional Medical Services, Inc.,
in its official capacity; Eugene Stubblefield, in his official capacity;
Susan Singer, in her official capacity; and Brenda Mallard in her official capacity
44. Defendants City; CMS, in its official capacity; Stubblefield, in his official
capacity; Singer, in her official capacity; and Mallard, in her official capacity, individually
and jointly, have policies, practices, or customs that caused the individual defendants to
45. Defendants City; CMS, in its official capacity; Stubblefield, in his official
capacity; Singer, in her official capacity; and Mallard, in her official capacity, individually
and jointly, have failed to adequately train or supervise the individual defendants and the
failure to adequately train or supervise the individual defendants caused the damages
alleged herein.
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WHEREFORE AS TO COUNT II, Plaintiff requests that this Court grant the following
relief:
A. Issue a declaratory judgment stating that: the greater than two week failure
to provide any treatment and failure to provide vital compliance with the
to the United States Constitution were, and are, caused by the policies,
ensure that Plaintiff and other pretrial detainees who are HIV positive
that employees and agents of these defendants are adequately trained and
supervised;
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C. Issue an injunction ordering Defendants City; CMS, in its official capacity;
Grant to Plaintiff such other and further relief as is just and proper under the
circumstances.
Respectfully submitted,
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