LAW OFFICES IHRIEI OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON (586) 778*7778 DOC 9 Filed 06/01/255 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION VLADIMIR STOJCEVSKI, Individually, and as Personal Representative of the Estate of DAVID STOJCEVSKI, deceased, Plaintiff, COUNTY OF SHERIFF ANTHONY M. WICKERSHAM, MICHELLE M. SANBORN, BARB CASKEY, LISA BINGHAM, DEPUTY LICAVOLI, DEPUTY M. MURPHY, DEPUTY JOHNSON, DEPUTY KEITH PETHKE, DEPUTY PAUL HARRISON, DEPUTY JOHN TALOS, DEPUTY WILLIAM MISANY, DEPUTY STEVEN DEPUTY MATTHEW SALAS, DEPUTY KELLY KULLMAN, DEPUTY WILLIAM HORAN, DEPUTY J. DEHATE, DEPUTY CAMPAU, DEPUTY KRUGER, DEPUTY PISZCZEK, GT. . PATRICK JOHNSON, various DEPUTY CORRECT CARE SOLUTIONS, LLC, a foreign limited liability company; MONICA CUENY, TIFFANY DELUCA, KELLY MANN, CHANTALLE BROCK, DEEANN PAVEY, DANYELLE NELSON, MICAL VICKY BERTRAM, HEATHER ERHLICH, MONICA FRANKS, JACLYN CUBANSKI, AMANDA BISHOP, LPN, DEVIEW, RN, SARAH BREEN, KELLY MARIE HEDTKE, TEMITOPE OLADOKUN OLAGBAIYE, RNXNURSE PRACTITIONER, PRISCILLA PICKETT LPN, SUZANNE LPN, DIXIE DEBENE, DINAL GOOD, GERMAIN FERRER, LPN THRESSA WILLIAMS, LINDA .PARTON, AMBER BARBER, DR. LAWRENCE SHERMAN, and various providers, Jointly and Severally, Defendants. Case No.: 15-cv-11019 Hon. Linda V. Parker . Mag. David R. Grand LAW OFFICES IHRIE ST. CLAIR SHORES, Ml 48080 24055 JEFFERSON AVE., SUITE 2000 TELEPHON (586) 778-7778 DOC 9 Filed 06/01/256 IHRIE By: Robert D. Ihrie (P26451) Harold A. Perakis (P3 5921) Attorney for the Plaintiffs 24055 Jefferson Avenue, Suite 2000 St. Clair Shores, Michigan 48080 (586) 778-7778 ihrieobrient?Dhotmailcom perakislaw@hotmail.com CHAPMAN LAW GROUP Ronald W. Chapman (P37603) Kimberley a. Koester (P48967) Attorneys for Correct Care Solutions Defendants 40950 Woodward Ave, Ste 120 Bloom?eld Hills, MI 48304 Kkoester@ChaDmanLawGrouD.com - COMPLAINT AND DEMAND FOR JURY TRIAL NOW COMES Plaintiff, VLADIMIR STOJ CEV SKI, Individually and as Personal Representative of the ESTATE OF DAVID STOJCEVSKI, Deceased, by and through his attorneys, IHRIE by ROBERT D. IHRIE and HAROLD A. PERAKIS, and for their Complaint, states unto this Honorable Court as follows: GENERAL ALLEGATIONS 1. Plaintiff, VLADIMIR STOJCEVSKI (hereinafter VLADIMIR), is the duly appointed Personal Representative of the ESTATE OF DAVID STOJCEVSKI, (hereinafter referred to as Estate) in Macomb County Probate Court, and is and was a resident of Macomb County in the State of Michigan, and brings this action on his own behalf and as Personal Representative of the ESTATE OF DAVID STOJCEVSKI. 2. At all times relevant to this lawsuit, Defendant, COUNTY OF MACOMB, (hereinafter MACOMB), is a political subdivision of the State of Michigan duly organized and carrying out governmental functions pursuant to the laws of Michigan, one of the functions being to organize, operate, staff and supervise its detention center commonly known as Macomb County ail/Macomb County Correctional Facility. Page 2 of 70 OFFICES IHRIE ST. CLAIR SHORES, Ml 48030 I 24055 JEFFERSON AVE., SUITE 2000 TELEPHONE (585) 778-7778 DOC 9 Filed 06/01/all times relevant to this lawsuit, Defendant, SHERIFF ANTHONY M. WICKERS HAM (hereinafter WICKERSHAM), was the Sheriff of Macomb County and the policy maker for the Macomb County Jail/Macomb County Correctional Facility (hereinafter Macomb County Jail) and represented the ultimate repository of law enforcement power in the Macomb County Jail. Defendant Wickersham was acting within the scope of his employment and under color of state law in his of?cial capacity and is being sued in his of?cial capacity as policymaker and Sheriff, as well as in his individual capacity. 4. At all times relevant to this lawsuit, including but not limited to the dates of June 11, 2014 through June 27, 2014, Defendant WICKERSHAM had the charge and custody of the Macomb County Jail and formulated and oversaw policies, practices, regulations, protocols, and customs therein and had the authority for hiring, screening, training, supervising, and disciplining of deputies, corrections of?cers and medical staff. 5. At all times relevant to this lawsuit, including but not limited to the dates of June 1 1, 2014 through June 27, 2014, Defendant WICKERSHAM, Defendant COUNTY OF MACOMB, . Defendant Michelle M. Sanborn (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Community Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor of Community Service-MARCH within the Macomb County Community Corrections among other employees, representatives, and executives of Macomb County, were aware that there were over-crowding conditions in the Macomb County Jail requiring policy and practice changes that would reduce such over-crowding; the Macomb County Jail had become the new asylum for mental health and substance abuse patients; and c) that many of Macomb County judges use the Macomb County Jail as a sobering institution for the inmates, such as Plaintiffs herein. Page 3 of 70 LAW OFFICES 3 OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, 48080 TELEPHON (586) 778-7778 DOC 9 Filed 06/01/all times relevant to this lawsuit, including but not limited to the dates of June 1 1, 2014 through June 27, 2014, Defendant WICKERSHAM, Defendant COUNTY OF MACOMB, Defendant Michelle M. Sanbom (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Community Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor of Community Service-MARCH within the Macomb County Community Corrections were acting within the scope of their employment and under color of state law in their of?cial capacity and are being sued in their of?cial capacity as Sheriff, Director, and Supervisor, as well as in their respective individual capacity. 7. At all times relevant to this lawsuit, including but not limited to June 11, 2014, through June 27, 2014, Defendant, Michelle M. Sanborn (SANBORN), was believed to be a resident of Macomb County in the State of Michigan and was the ail administrator and an employee of Macomb County. 8. At all times relevant to this lawsuit, Defendant Barb Caskey (CASKEY) was believed to be a resident of Macomb County in the State of Michigan and was Director of Macomb County Community Corrections and was an employee of Macomb County. 9. At all times relevant to this lawsuit, Defendant Lisa Bingham (BINGHAM) was believed to be a resident of Macomb County in the State of Michigan and at all times pertinent hereto was the supervisor of Community Service-MARCH within the Macomb County Community Corrections and was an employee of Macomb County. 10. At all times relevant to this lawsuit, Defendants, Sheriff Deputies (?rst name unknown) LICAVOLI, M. MURPHY, (?rst name unknown) JOHNSON, KEITH PETHKE, PAUL HARRISON, JOHN TALOS, WILLIAM MISANY, STEVEN MATTHEW SALAS, KELLY KULLMAN, WILLIAM HORAN, J. DEHATE, (?rst name Page 4 of .70 LAW OFFICES 9 OBRIEN ST. CLAIR SHORES, Ml 48080 24055 JEFFERSON AVE., SUITE 2.000 TELEPHONE (586} 778?7776 DOC 9 Filed 06/01/259 unknown) CAMPAU, (?rst name unknown) KRUGER, (?rst name unknown) PISZCZEK, SGT. PATRICK JOHNSON, and various DEPUTY to be. speci?cally identi?ed during litigation processes, are believed to be residents of Macomb County in the State of Michigan were deputies and employees of Macomb County. 11. At all times relevant to this lawsuit, Defendant, CORRECT CARE SOLUTIONS, LLC, (hereinafter CCS) is a foreign limited liability company licensed to do-business in Michigan, with its principal place of business located in the State of Tennessee. At all times pertinent hereto, CCS was and is obligated by contract to provide managed healthcare, medical care, and/or mental health care to Macomb County Jail inmates generally, and to David Stocj evski, (hereinafter David) I an inmate in said facility from June 11, 2014 through June 27, 2014, and Vladimir Stojcevski (hereinafter Vladimir), an inmate in said facility from June 11, 2014 to June 23, 2014. Upon information and belief, CCS helped to formulate the policies, procedures and staff training related to medical care and/or mental health care at the Macomb County Jail and to implement those protocols, and further, Defendant management, supervisors and/or executives were aware that there were over-crowding conditions in the Macomb County Jail requiring policy and practice changes that would reduce such over-crowding; the Macomb County Jail had become the new asylum for mental health and substance abuse patients; and c) that many of Macomb County judges use the Macomb County Jail as a sobering institution for the inmates, such as Plaintiffs herein. 12. At all times relevant to this lawsuit, Defendants? medical and/or mental health clinicians and health care providers, MONICA CUENY, TIFFANY DELUCA, KELLY MANN, CHANTALLE BROCK, DEEANN PAVEY, DANYELLE NELSON, MICAL BEY-SHELLEY, VICKY BERTRAM, HEATHER ERHLICH, MONICA FRANKS, JACLYN LUBANSKI, Page 5 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (586) 778-7778 DOC 9 Filed 06/01/260 AMANDA BISHOP, DEVIEW, R.N. SARAH BREEN, KELLY MARIE HEDTKE, TEMITOPE OLADOKUN OLAGBAIYE, PRACTITIONER, PRISCILLA PICKETT LPN, SUZANNE LPN, DIXIE DEBENE, DINAL GOOD, GERMAIN FERRER, THRES SA WILLIAMS, LINDA PARTON, AMBER BARBER and DR. LAWRENCE SHERMAN, and various DOE medical and/or mental health clinicians and health care providers to be speci?cally identi?ed during litigation processes, are believed to be residents of Macomb. County in the State of Michigan and were agents and/or employees of CCS and/or Macomb County, and provided nursing and/or medical and/or mental health services at the Macomb County Jail including, but not limited to, inmates such as the Plaintiffs, David and Vladimir Stojcevski. 13. At all times relevant to this lawsuit the individually named Defendants and/or JANE or JOHN DOES were employees of Macomb County, and/or CCS, acting within the scope of their employment. 14. This action arises under the United States Constitution and under the laws of the United States Constitution, particularly under the provisions of the Fourth, Eighth and Fourteenth Amendments of the United States Constitution and under the laws of the United States, particularly the Civil Rights Act, Title 42 of the United States Code, Sections 1983 and other rights afforded underState of Michigan and federal statutes and state and federal common law. 15. This cause of action arose in the City of Mount Clemens, County of Macomb, State of Michigan. 16. This Court has jurisdiction over this cause of action under the provisions of Title 28 of the United States Code, sections 1331, 1332 and 1342 and pendant jurisdiction over state claims that arise out of the nucleus of operative facts common to Plaintiffs federal claims. Page 6 of 70 LAW OFFICES IHRIE ST. CLAIR SHORES, MI 48080 24055 JEFFERSON AVE., SUITE 2000 TELEPHON (586] 778-7778 DOC 9 Filed 06/01/the acts of Defendants, through its employees and agents, as set forth, were done under the color and pretense of the statutes, ordinances, regulations, laws, customs, and usage of the State of Michigan, and were done by virtue of and under the authority of the Defendants as employees and agents. I 18. Defendants Macomb County and CCS are responsible for, and do in fact, hire, train, supervise, instruct and assess daily performances of corrections of?cers, detention of?cers and nurses/medical! and mental health staff of all grades in the performance of their duties. 19. At all times relevant hereto, Defendants MACOMB COUNTY, CCS, and Defendant WICKERSHAM, as well as Defendants MACOMB COUNTY and CCS management, directors and supervisors were aware of the ongoing deliberate indifference to the serious medical needs of Plaintiffs, and other inmates like Plaintiffs, by their employees, yet did nothing to stop such indifference to those needs in?icted upon Plaintiffs by their respective supervisors and employees. 20. The amount in controversy exceeds $75,000.00, exclusive of Plaintiff 5 claims for costs, attorney fees, interest and punitive damages. SPECIFIC ALLEGATIONS REGARDING PLAINTIFF DAVID STOJCEVSKI DECEASED 21. Plaintiff restates and re-alleges the allegations contained in paragraphs 1 through 20 as though fully set forth herein. 22. On or about June 11, 2014, David Stojcevski, Deceased, was brought to the Macomb County ?Jail from the 39th District Court to serve a thirty (30) day jail sentence or pay $772.00 for failing to appear on the civil infraction charge of Careless Driving. I 23. Upon his arrival at the Macomb County Jail, David Stojcevski was pat-searched and stripped of their belongings by various Macomb County Sheriff deputies identi?ed above individually or as ohn/J ane Doe deputies. Upon information and belief, videotapes of such actions Page 7 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48080 TELEPHON (586) 778-7778 DOC 9 Filed 06/01/262 exist but Defendants WICKERSHAM and COUNTY OF MACOMB have failed to fully and completely satisfy a prior Freedom of Information Act (FOIA) request for such videos. I 24. After David Stojcevski was booked, he underwent the intake/screening process, which consists of a question and answer interview session between the'inmate and correction of?cer(s) and/0r medical and/or mental health care clinicians, whereby certain documents were prepared by various named Defendant Deputies and/or ohn/J ane Doe deputies, as well as various named Defendant medical and/or mental health care clinicians or providers and/ or DOE medical and/ or mental health clinicians and health care providers, which include, but may not be limited to, the following: a. a Defendant CCS Authority to Act form dated June 11, 2014, assigning David Alan Arft to ?le a Medicaid Application on behalf of David Stojcevski; b. a CCS Receiving Screening form; c. a CCS Intake Nursing Interventions-COWS for Opiate Withdrawal (or for Poly-substance Withdrawal as directed by d. CCS Progress Note(s) all prepared by medical and/or mental health care clinicians; and e. a Scoring for. Opiate Withdrawal (or for Poly-Substance Withdrawal as directed by HCP) prepared and signed by above named Defendant CCS employees, and potentially other unidenti?ed medical and/or mental health clinicians or providers identi?ed here as Defendants ohn/J ane Doe. 25. Upon information and belief, the above-named documents include questions that are designed and intended to aid in the decisions of assigning temporary cell assignments, Page 8 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 43080 TELEPHON [586) 778~7778 DOC 9 Filed 06/01/263 appropriate supervisor levels within the facility, and to provide adequate medical and/or mental health care for the inmates. 26. Upon information and belief, completion of these documents requires: direct interview between the inmates Vladimir and David Stojcevski and intake Deputies, other jail personnel, and medical and/or mental health care clinicians or providers; and speci?c observation of the inmate, at the time of intake by the intake Deputies, other unidenti?ed jail personnel, and medical and/or mental health care clinicians or providers. 27. All sections of the form are to be completed by asking the inmate speci?c listed questions, and gathering any other information that may be helpful in completing those forms; 28. During the initial processing of David by the various jail personnel, as well as CCS employees or agents, certain facts and determinations were reached by the jail personnel and CCS employees or agents, by way of conversations with David, including but not limited to: a. David?s blood pressure was determined to be 120/84, his pulse rate was 97, respiratory rate Was measured at 12, his temperature was 98.30, his weight was 195 pounds, and David had a Body Mass Index (BMI) of 28; b. David had been prescribed Methadone, 20 mg t.i.d. prior to incarceration, a fact that, upon information and belief was not veri?ed or con?rmed by jail personnel or CCS employees or agents through the MAPS system, or through communication with the pharmacies that prescribed such medication; c. David did have Medicaid Health Insurance; d. David had a potential for withdrawal, thereby resulting in a Clinical Opiate Withdrawal Scale (COWS) being initiated; assessments to be performed T.I.D. during a 24 hour period; with each assessment educational information Page 9 of 70 LAW IHRIE 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (586) 778-7778 29. DOC 9 Filed 06/01/provided about opiate withdrawal; assessments (COWS) to be done prior to administration of any medication; By visual observation, David?s body had an abrasion on the left elbow; As part of the COWS nursing interventions- contacting HCP (Health Care Provider) on?call immediately for any of the following: seizures; delirium; Patient appears dehydrated or otherwise clinically unstable; Suicide Potential Screening required no referral to MH (Mental Health) for suicide watch; Screening con?rmed that there was no current medications, no history of hospitalization, and no history of outpatient mental health treatment; David?s Current Mental Status included: Alert orientation, rAffect appropriate, Logical thought processes, Speech Appropriate, Mood Appropriate, Activity Appropriate;\ David currently smoked 1/2 package of cigarettes per day as he had done for past nine years. On or about June 11, 2014 at 4:23 pm, David was escorted to the medical of?ce in booking to be screened by the nursing staff. Defendant TIFFANY DELUCA received information that David was taking the medication Methadone prescribed by a physician, which Defendant DELUCA failed to verify. Defendant DELUCA also recognized that David ?showed obvious physical signs of drug abuse.? At the conclusion of the medical receiving screening form Defendant DELUCA recommended placement of David in a Medical Detox Unit, and placed David On a detoxi?cation setting/protocol. Page 10 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48030 TELEPHON (586) 778-7773 DOC 9 Filed 06/01/265 30. Defendant DELUCA failed to perform an initial health assessment on David. The National Commission on Correctional Health Care 2008 regulations, of which Defendants MACOMB COUNTY and CCS, and their supervisors and employees must abide for accreditation, speci?cally -E-04, requires that ?all inmates receive an initial health assessment as soon as possible, but no later than 14 calendar days after admission to the facility, the individual health assessments include at a minimum: a review of receiving screening results; a quali?ed health care professional collecting additional data to complete the medical, dental and mental health histories taken at receiving screening and subsequent encounters; c) a quali?ed health care professional recording of vital signs (including height and weight); a physical examination performed by a physician, physician assistant, nurse practitioner or other practitioner as permitted by law; with the responsible physician documenting his or her review of other clinician?s signi?cant ?ndings; laboratory and/or diagnostic tests for communicable diseases, such as tuberculinskin test, unless there is documentation from the health department that the prevalence rate does not warrant it; laboratory and/or diagnostic tests for disease, such as peak ?ow for asthmatics; and immunizations when appropriate.? 31. Defendant DELUCA failed to provide basic mental health services as required by standard which states: ?Regardless of the facility?s type or size, basic on?site outpatient services include at a minimum: identi?cation and referral on inmates with mental health needs; crisis intervention services; c) medication manangement, when indicated; individual counseling, group counseling, programs; and treatment documentation and follow-up. 32. The COWS assessments were to be completed three times daily in a 24-hour time frame, and were intiated on or about June 11, 2014 at around 4:00 pm, however, Defendant Page 11 of 70 LAW OFFICES IHRIE 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (535) 778-7778 DOC 9 Filed 06/01/266 DELUCA failed to complete and/or document the initial assessment. The ?rst docunwnted assessment was on or about June 11, 2014, at around 8:00 pm. by Defendant ERHLICH. Notwithstanding David? complaints of body/ joint aches and stomach cramps, Defendant EHRLICH failed to provide the ordered medications at that time. 33. On or about June 1 1, 2014, at around 10:22 pm, Defendant EHRLICH administered medications as part of COWS protocol, however Defendant EHRLICH failed to complete a COWS assessment prior to administration of the medication, Acetaminophen for muscle cramps and Meclizine, for vomiting. Since the medications were given for complaints made 2 and 1/2 hours earlier, it is likely that the had worsened by then. Scoring prior to administration of the medications may have revealed that, at that point in time, David was in withdrawal. 34. On or about June 12, 2014, at around 5 am, Defendant EHRLICH performed a COWS assessment. Nearly two hours later, Defendant EHRLICH administered medications Acetaminophen, for muscle cramps, L0peramide, for diarrhea, and Meclizine, for vomiting without reassessing David according to protocol. Since the medications were given for complaints made 2 hours earlier, it is likely that the had worsened by then. Scoring prior to administration of the medications may have revealed that, at that point in time, David was in withdrawal. 35. Defendant DOE assessed David on 6/12/14 at around 1:00 pm, but in Spite of David?s complaints, medication was not administered. 36. Defendant WILLIAMS assessed David on 6/12/14 at around 8:00 pm, but in spite of David?s complaints of discomfort, medication was not administered. 37. Defendant WILLIAMS assessed David on 6/12/14 at around 10:42 pm, administered Acetaminophen for muscle cramps and Loperamide for diarrhea without ?rst assessing David using the COWS scale. Also, the Loperamide given at this time (4mg) exceeded the ordered Page 12 of 70 LAW OFFECES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON {586) 778-7773 DOC 9 Filed 06/01/267 dose. The 4mg dose had been given earlier on this date and was a one-time order for this amount of medication. but in spite of David?s complaints of discomfort, medication was not administered. Since the medications were given for complaints made 3 hours earlier, it is likely that the had worsened by then. Scoring prior to administration of the medications may have revealed that, at that point in time, David was in withdrawal. 38. On or about June 13, 2014, at around 5:00 am, Defendant WILLIAMS failed to complete the required assessment. The document is scribbled out and illegible. 39. On or about June 13, 2014, at around 1 1:23 am, Defendant BARBER administered Acetamenophen for muscle cramps and did not perform a COWS assessment prior to administration of the medication. 40. On June 14, 2014, Defendant PARTON failed to assess Daid at 5 :00 am Defendant PARTON did administer Acetaminophen for muscle cramps and Meclizine for nausea/vomiting at 5:28 am. 41. On June 14, 2014, at around 8:00 pm. Defendant BARBER failed to perform a COWS assessment and mental health screen. Defendant BARBER documented ?refused to come?. Blood pressure and heart rate were not obtained. 42. Following a June 15, 2014 assessment at 1:00 pm, Defendant PAVEY noted that David?s detox was ?complete?, and the COWS assessments were discontinued. 43. On June 17, 2014 at 7:15 am, David was seen by medical staff, Defendant BEY- SHELLEY, Plaintiff David was ?lying on bed twitching his eyes.? Vital signs were obtained, but not recorded. Defendant Corrections Deputy LICAVOLI assisted patient to wheelchair where he was taken from the Detox Unit to ME05 for medical examination at 7:50 am. Page 13 of 70 OBRIEN LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 45080 TELEPHON (586) "778-7778 DOC 9 Filed 06/01/268 44. Sometime in the afternoon of June 17, 2014, Defendant Corrections Deputy CAMPAU ?led a referral to mental health noting that David was ?hallucinating talking to people that are not there and also stated that he died earlier today.? David was then placed in on or about 3:48 pm. on June 17, 2014. 45. On or about June 17, 2014, Defendant BERTRAM was called to David? housing unit with observations that David was ?vaguely responsive?. David was found sitting on the ?oor of and David was commenting that: ?all his organs, but 10 percent of his heart was removed and his arms shredded a couple days ago, while David was in the jail.? During that same interaction and conversation between Defendant BERTRAM and David, Defendant BERTRAM learned and became aware that before incarceration in the Macomb County Jail, David ?was taking 4mg of Xanax daily for pain and oxyeodones for pain.? 46. Defendant BERTRAM did not notify the on?call HCP regarding the new ?nding of hallucinations and alteration in David?s level of consciousness. Defendant BERTRAM also did not notify the physician regarding the new information obtained regarding the regular, daily use of Xanax and Oxycodone prior to incarceration. 47. Vital signs of David were obtained on June 17, 2014 around 8:00 pm, and those included a blood pressure of 150/98, extremely high for David based on previously documented baseline, pulse rate of 77, respirations of 18 and a pulse ox of 99% 48. I David was also observed by Defendant HARRISON ?twitching on the ?oor of and in response to the observations noted above, Defendant BREEN took David?s vitals, which did not include his weight measurement, and ?cleared? David. 49. On June 18, 2014 Defendant Nurse Supervisor CUENY performed a medical assessment on David, learned from David that ?he took Klonopin 2?3 tabs at home for anxiety, that Page 14 of 70 LAW OFFICES IHRIE 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (586) 778-7778 DOC 9 Filed 06/01/was prescribed, but he could not recall the name or location of the pharmacy.? David also informed CUENY that he had previously been hospitalized for anxiety, but could not tell Defendant CUENY what hospital he had been in. Defendant CUENY discussed that assessment with Defendant DR. SHERMAN, but ?no new orders were received at this time?. Defendant CUENY recommended that David remain housed in ?MH-high observation, continue with COW protocol as ordered?. 50. Notwithstanding the above?cited information received directly from David on June 17, 2014 and June 18, 2014 by Defendant CUENY, Defendant BERTRAM, and Defendant DR. SHERMAN, and notwithstanding the observations by Defendants LICAVOLI, CAMPAU, and HARRISON, and potentially other unidenti?ed jail personnel and Defendant CCS employees and agents, COW protocols were not commenced, medication was not ordered, and jail personnel noted above ignored David?s pleas for necessary medical care and treatment. 51. On or before June 18, 2014, Defendant BROCK performed the Self Harm Watch/Mental Health Observation Initial Assessment, even though upon information and belief, Defendant Master?s Ltd. License was ?null and void?. 52. Within Defendant Assessment, Defendants? records required frequency 'of Self harm watch to be every ?fteen minutes. Defendant BRO 3 assessment also con?rms that David was placedlon HI observation watch ?per of?cer? due to hallucinating and bizarre behavior, and that David was lying on lower bunk with rapid movement. Defendant BROCK did not complete the mental health assessment because David re?ised to engage with the staff. I 53. On June 21, 2014, David speci?cally asked Defendant BROCK if he would be receiving the medication within the jail, Defendant BROCK informed David that the ?medication has not been ordered at this time?. Page 15 of 70 LAW OFFICES 2.4055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48080 TELEPHON (586) 778-7778 DOC 9 Filed 06/01/270 54. Notwithstanding the clear knowledge cited above and con?rmed in Defendants? records, regarding David?s medications prescribed to him prior to incarceration, all of the named Defendants herein were so deliberately indifferent to David?s mental health and medical needs, that the Defendants, named and unnamed in this litigation, monitored, watched and observed David spend the ?nal ten days of his life suffering excruciating benzodiazepine withdrawal 55. Notwithstanding the clear knowledge, cited above and con?rmed in Defendants? own records, regarding David?s medications prescribed to him prior to incarceration, all of the named Defendants herein were so deliberately indifferent to David?s serious mental health and medical needs that not a single named or unnamed Defendant made one phone call or internet inquiry the State of Michigan MAPS data system, that would have readily informed all of the Defendants that David was indeed telling the truth about his need for the four medications prescribed for him in the months leading up to his incarceration?Methadone (opioid), Xanax (benzodiazepine) Klonopin (benzodiazepine), and Oxycodone (opioid). 56. Notwithstanding the afore-referenced knowledge, all Defendants who had treated Plaintiff did not re-institute a COWS protocol to include poly-substance withdrawal. 57. Instead of taking any of the actions cited above, the Defendants herein, whether identi?ed at this time or not, chose individually and/or jointly, to intentionally, and with deliberate indifference to David?s legitimate and serious medical and mental health needs, ignore those needs. 58. As Defendants? own records re?ect, all of the Defendants, named or as yet unidentified, jointly and with deliberate indifference failed to act in any meaningful way to save David? 5 life, until it was far too late for David to survive the ravages of benzodiazapene withdrawal, the cause of David?s death. Page 16 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48080 TELEPHONE (586) "778-7778 DOC 9 Filed 06/01/Defendants? own records and videos demonstrate, Defendants watched David as his mental and medical health deteriorated so dramatically during the ?nal ten days of his life in Defendants? jail, that David lost between 45 and 50 pounds of his 195 pound weight during the sixteen (16) days of his incaraceration, a weight loss that Defendants knew or should have known was compromising David?s ability to survive during Defendants? self-ordered 24 hour video monitoring of David from June 17, 2014 through June 27, 2014. 60. (2008) Regulation requires as essential medication services that ?Inmates entering the facility on veri?able prescription medication, including methadone, continue to receive the medication in a timely fashion as prescribed, or acceptable alternate medications as clinically indicated?. 61 . Defendants? actions, as cited and identi?ed above, and inactions demonstrated a clear violation of the afore-referenced Regulation MH-D-02, and establish said Defendants? deliberate indifference to David? serious mental and physical well being as David suffered numerous days of excruciating pain and misery caused by the visibly apparent of benzodiazapene withdrawal, that ultimately took his life. 62. (2008) Regulation MH-G-04, under ?Suicide Prevention Program? lists as a Compliance Indicator that. ?l . A suicide prevention program includes the following d. potentially suicidal inmates, except when placed in isolated housing, are monitored on an irregular schedule with a frequency of no more than 15 minutes before checks. If, however, the potentially suicidal inmate is placed in isolation, constant observation is required.? 63. Notwitstanding the above regulation, and notwithstanding Defendants? Macomb County and jointly prepared documents that speci?cally require a 15 minute frequency of observation, both Defendants? MAC OMB COUNTY and CCS failed to provide any documentation Page 17 of 70 I OBRIEN LAW OFFICES ST. CLAIR SHORES, MI. 48080 24055 JEFFERSON AVE., SUITE 2000 TELEPHON {586) 778-7773 DOC 9 Filed 06/01/272 regarding the ?fteen minute observations required by their own document and NC CHC regulations, such inactions establishing the individual Defendants cited above acted with intentional and deliberate indifference to the serious medical needs of Plaintiff, David Stojcevski. 64. Defendants? videos demonstrate David?s excruciating pain and suffering, in?icted with deliberate indifference by Defendants during the many days prior to his June 27, 2014 death. Those videos will be placed in evidence as Plaintiff?s Exhibit 1, to be attached hereto and made a part hereof by reference after instruction from this Court as to the proper and appropriate sealing of the video due to its graphic and private nature. 65. Defendants? knew or should have known of David?s need for immediate and emergency medical care to tend to his serious medical needs from the date of his incarceration, June 11, 2014 until David died on June 27,2014. 66. Defendants? deliberate indifference to David?s constitutionally protected rights is further demonstrated by Defendants? MACOMB COUNTY, WICKERSHAM, CASKEY and Defendant failure to meet their legal obligations to honor and implement a June 19, 2014 Amended Disposition Order from the 39th District Court whereby David was to be released upon his enrollment in the Community Corrections March Program, a program that allows for release of inmates such as David to perform community services in place of further ail incarceration. 67. By failing to meet their obligation to fully implement the afore-cited court order, Defendants cited above caused David to stay in the Macomb County Jail, contrary to the 39th District Court Amended Disposition Order allowing for David?s release. 68. Despite clear and unequivocal knowledge of David?s need for medication, his delicate medical condition and deteriorating mental state, the Defendants, named and unnamed, Page 18 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON (585} 778-7773 DOC 9 Filed 06/01/273 with deliberate indifference did not initiate or take proper precautions to protect David or to properly and adequately monitor David?s physical health. 69. Defendants, and/or their employees and agents ignored David?s and left him in the holding cell without ?irther monitoring and/or assistance. 70. Defendants and/or their employees and agents were obligated to perform routine security checks on David as it relates to his prescription drug withdrawals. 71. On or about June 27, 2014, at approximately 5:20 pm, Defendants found David struggling to breathe, and despite Defendants all-too-late and ineffective efforts to revive David, he was rushed by ambulance from Macomb County Jail to McLaren Regional Hospital in Mt. Clemens, Michigan. David?s weight was measured at 145 pounds by the emergency medical technicians in the ambulance. David?s con?rmed weight loss during the 16 days of incarceration was betweeb forty?five and ?fty (50) pounds, atotal weight loss of approximately twenty-?ve of his total body weight. 72. Merely one hour and thirty-?ve minutes after several Defendants responded to David?s desperate condition, Defendant was pronounced dead at McLaren Regional Hospital at 6:55 pm. 73. David?s death certi?cate dated July 3, 2014, and amended on September 10, 2014 found that David?s cause of death was ?Acute Withdrawal from Chronic Benzodiazepine, Methadone and Opiate Medications?, and that the approximate interval between onset of the cause of death and the death itself was ?Weeks?. 74. David?s autopsy report re?ects a ?nal diagnosis and cause of death as: ?Acute Withdrawal from Chronic Benzodiazepine, Methadone and Opiate Medications, Dehydration with hypernatremia, and Seizure/seizure-like activity?. Page 19 of 70 LAW OFFICES IHRIE 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON {566) 778-7778 DOC 9. Filed 06/01/274 COUNT I: ESTATE OF DAVID STOJCEVSKI, DECEASED, VIOLATION OF 42 U.S.C. 1983 AND THE 8TH AND 14TH AMENDMENTS OF THE UNITED STATES CONSTITUTION 75. Plaintiffs restate and re-allege the allegations contained in paragraphs 1 through 74- as though fully set forth herein. 76. Plaintiffs restate and re-allege the allegations contained in paragraphs 1 through 83 as though fully set forth herein. I 77. As a citizen of the United States and a resident of Macomb County Jail located in the State of Michigan, David was entitled to all rights, privileges and immunities accorded to all incarcerated citizens of the State of Michigan and of the United States. i 78. At all times relevant hereto, all Defendants identi?ed herein were acting within the course and scope of their employment with the County of Macomb and/or CCS and were acting under color of state law with the authority granted to them as corrections of?cers or correctional healthcare providers and/or managers and/or shift supervisors. 79. At all times relevant hereto, pursuant to the Eighth and Fourteenth Amendments of the United States Constitution, Plaintiff had a right to be free of cruel and unusual punishment and to receive proper and adequate medical care while incarcerated and under the custody and control of MACOMB COUNTY at the Macomb County Jail and under the supervision and control of the Defendants. 80. At all times relevant hereto, David had a right to adequate and suf?cient medical care and treatment such that his medical and mental conditions would be protected, and that David?s life would be preserved, and that David at all'times would be free from needless unjusti?ed and preventable pain, suffering and deterioration of their health and well-being. Page 20 of 70 LAW OFFICES OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (586) 778~7778 DOC 9 Filed 06/01/all times relevant hereto, Defendants actions cited above evinced malice, recklessness, and a callous and deliberate indifference to David? federally protected rights to be free ?of cruel and unusual punishment and to medical care that adequately treated David? serious medical needs, knowingly allowed David to suffer through withdrawal which ultimately resulted in his death, without adequate nourishment, ?uids, without necessary medication, and without appropriate medical/mental health care, all of which combined in whole or in part to cause pain, suffering, deterioration of health and ultimately the death of David, that took place over the time frame noted above. 82. The Defendants cited above speci?cally and with deliberate indifference refused to provide the very basics of life to David during the time frame noted above, notwithstanding the Defendants knowledge of the obvious and excruciating painbeing suffered by David during the throws of his benzodiazepine withdrawal that lasted throughout the time he was incarcerated. 83. The actions cited above violated a clearly established constitutional rights of which Defendants were aware or should have been aware, namely, inter alia, the long-established right to be free of cruel and unusual punishment and the right to medical care that adequately treated David?s serious medical needs, previously identi?ed by a physician who had prescribed medication for drug withdrawal 84. The Defendants restricted David?s access to a basic necessity to maintain his life, that being medication that had been speci?cally prescribed by his physician prior to incarceration. 85. I The Defendants who had contact, whether by video surveillance or by personal contact with Plaintiff David, failed to communicate information to supervisors and others in charge of the care and custody of David concerning his medical and living conditions in his cell. Page 21 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON (585) 778-7773 DOC 9 Filed 06/01/276 86. The Defendants, who had contact, whether by video surveillance or by personal contact with Plaintiff David ignored facts that David was exhibiting obvious signs of I withdrawal, starvation, and dehydration and kept David locked in his cell immediately prior to his death. 87. The actions of the Defendants cited above violated a clearly established constitutional right of which Defendants were aware or should have been aware, namely, inter alia, Plaintiffs right to adequate medical care and treatment for Plaintiff serious medical needs. 88. The actions of the Defendants, created a substantial risk of harm to the health and safety of David. 89. The Defendants, on numerous occasions failed to obtain, summon or follow through with requests for medical care and treatment after observing obvious signs and of withdrawal, dehydration, and starvation/anorexia suffered by David. 90. David?s health and well-being began to deteriorate as a result of withdrawal from medications as well as not receiving ?uids and nourishment. The Plaintiff exhibited numerous of withdrawal, all of which were readily observable and visible to all Defendants during a minimum of ten days prior to David?s death. 91. Many days prior, and shortly before David?s death on June 27, 2014, David was experiencing a medical emergency, brought upon by the conditions identi?ed above. The medical emergency manifested itself in the form, among other things, of anxiety, profound agitation and restlessness, suicide ideation, feelings of unreality, hot and cold spells, hallucinations, increased urinary frequency, loss of appetite and weight loss, anorexia, muscle spasms, cramps or fasciculations, perspiration, photophobia, rapid movement, delirium tremens, convulsions, unusual and incoherent behavior, and apathy. Page 22 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 43080 TELEPHON (586) 77'8-7778 DOC 9 Filed 06/01/15 Pg 23-Of 70 Pg ID 277 92. During the time that David? health continued to deteriorate, the various Defendants, pursuant to the Eighth Amendment, were required to provide and/or obtain adequate medical care for David, including, but not limited to electrolyte replacement, increased ?uid intake, increased salt intake, intravenous re-hydration, cardiac monitoring and/or hospitalization. To the contrary, however, the various Defendants with malice, recklessness and callous and deliberate indifference failed to provide or obtain-care and treatment necessary to save David?s life. 93. The actions and/or omissions of the various Defendants noted above constituted a deliberate indifference to the serious medical needs of David and demonstrate a reckless, willful and wanton disregard for the health and safety of David thereby denying Plaintiff the constitutional right to be free from cruel and unusual punishment as provided by the Eighth Amendment to the United States Constitution. 94. As the direct and proximate result of the actions and/ or omissions of the Defendants, David suffered great physical pain, discomfort, loss of mental capacity, humiliation, degradation and suffering. 95. As the direct and proximate result of the actions and/ or omissions of the Defendants, David suffered an excruciatingly painful and slow tortuous death on June 27, 2014. 96. As the direct and proximate result of the acts and/or omissions of the various Defendants, Plaintiff Estate has sustained and are entitled to compensation for the following damages, including, but not limited to: a. Reasonable medical, hospital, funeral, and burial expenses; b. . Economic costs and/or damages (past, present and future); 0. Loss of love; I Page 23 of 70 LAW OFFICES 5 OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON {586) 778*7778 DOC 9 Filed 06/01/Reasonable compensation for the conscious pain and suffering experienced by David While he was conscious during incarceration; Loss of ?nancial support; Loss of service; Loss of gifts or other valuable gratitude?s; I Loss of sibling companionship and guidance; Loss of expected inheritance; Loss of society'and companionship; and Any and all other damages identified through the course of discovery otherwise available under Michigan Wrongful Death Act, MCLA 600.2922. 97. By the aforementioned actions and/or omissions, Defendants have deprived David of the rights secured by the Eighth and Fourteenth Amendment to the United States Constitution and of 42 U.S.C. 1933. WHEREFORE, Vladimir Stojcevski, as Personal Representative of the Estate of David Stojcevski, Deceased, respectfully requests that this Honorable Court enter judgment in Plaintiffs favor and against Defendants who had personal contact with Plaintiff, or who had visual contact with David through Video observation, as follows: A. Compensatory non-economic and economic damages in excess of $75,000.00, including but not limited to all damages recoverable under the United States Constitution and/or 42 U.S.C. 1983 and/or the laws of the State of Michigan including but not limited to the Michigan Wrongful Death Act; B. Punitive damages; C. Reasonable attorney fees, costs and interest; and Page 24 of 70 LAW OFFICES IHRIE 24055 JEFFERSON SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON {556) 778-7778 DOC 9 Filed 06/01/Such other and further relief as appears reasonable and just under the circumstances. COUNT II: ESTATE OF DAVID STOJCEVSKI, DECEASED DENIAL OF MEDICAL TREATMENT 98. Plaintiffs restate and re-allege the allegations contained in paragraphs 1 through 97 as though fully set forth herein. 99. At all times relevant hereto, Defendants, who had personal contact with Plaintiff, or who had visual contact with David through video observation, and Defendants WICKERSHAM, Defendant COUNTY OF MACOMB, Defendant Michelle M. Sanborn (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Community Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor of Community Service-MARCH within the Macomb County Community Corrections among other employees, representatives, and executives of Macomb County, as alleged above were acting under colorof statute, ordinances, regulations and/ or customs of the State of Michigan, subjected David to a deprivation of his rights, privileges and immunities secured by the Constitution and laws of the United States and the State of Michigan. 100. Pursuant to 42 U.S.C. 1983, as well as the Eighth and Fourteenth Amendments to the United States Constitution, Defendants WICKERSHAM, Defendant COUNTY OF MACOMB, Defendant Michelle M. Sanborn (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Community Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor of Community Service-MARCH within the Macomb County Community Corrections among other as of yet unidenti?ed employees, representatives, and executives of Macomb County, and the individually named Defendants owed David a duty to act prudently and with reasonable care, and to otherwise avoid cruel and unusual punishment. Page 25 of 70 LAW OFFICES EHRIE 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 46080 TELEPHON {586) 778-7778 DOC 9 Filed 06/01/280 101. Defendant WICKERSHAM, Defendant COUNTY OF MACOMB, Defendant Michelle M. Sanborn (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Community Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor of Community Service-MARCH within the Macomb County Community Corrections among other as of yet unindenti?ed employees, representatives, and executives of Macomb County, and the individually named Defendants who had personal contact with Plaintiff, or who had video observance of David during his incarceration, deprived David of his clearly established rights, privileges and immunities in violation of the Fourth, Eighth and Fourteenth Amendments of the Constitution of the United States, and 42 U.S.C. 1983. 102. Defendant WICKERSHAM, Defendant COUNTY OF MACOMB, Defendant Michelle M. Sanborn (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Community Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor of Community Service-MARCH within the Macomb County Community Corrections among other as of yet unindenti?ed employees, representatives, and executives of Macomb County, and Defendants, who had personal contact with Plaintiff, or who had video observance Iof David during his incarceration, owed duties to the County?s inmates, particularly to David, to act prudently and with reasonable care in the formulation of its policies and procedures relative to providing him prompt and immediate medical treatment, as well as to train, test, evaluate, review and update their corrections of?cers, medical personnel, nursing staff, and mental health personnel so as to function in a reasonable manner and in conformity with the laws of the United States and of the State of Michigan relative to providing inmates and patients with necessary, life sustaining, and life saving treatment and care. Page 26 of 70 3 OBRIEN OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (586} 778-7778 a. benzodiazepine Withdrawal, including, but not limited to, DOC 9 Filed 06/01/281 103. Defendants CCS, MACOMB COUNTY, and Defendant WICKERSHAM, Michelle M. Sanborn (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Cornrhunity Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor of Community Service-MARCH within the Macomb County Community Corrections among other employees, representatives, and executives of Macomb County obj ectively knew that David was at high risk for the consequences of benzodiazepine Withdrawal, including a high risk of death, by virtue of the following, including, but not limited to: Information received from David during his incarceration which con?rmed that David had a highly signi?cant risk of benzodiazepine withdrawal,-and that he was dependent on medications to control his thoughts, mood and behavior; Defendants observations of David during 24-hour video monitoring of the numerous being suffered by David during the ten days prior to his death, all or most of which were easily identi?able as of all of the identi?ed in this Complaint; Defendants CCS, MACOMB COUNTY, WICKERSHAM, Michelle M. Sanborn (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Community Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor of Community Service?MARCH within the Macomb County Community Corrections prior knowledge that: (1) there were over-crowding conditions in the Macomb County Jail requiring policy and practice changes that would reduce such over-crowding; (2) the Macomb Page 27 of 70 LAW OFFICES 9 OBRIEN 24055 JEFFERSON AVE. SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON (586) 778-7773 DOC 9 Filed 06/01/282 County Jail had become the new asylum for mental health and substance abuse patients; and 3) that many of Macomb County judges use the Macomb County Jail as a sobering institution for the inmates, such as Plaintiffs herein. (1. Any other reasons which may become known during the course of discovery. _1 04. The conduct of Defendants, CCS, MACOMB COUNTY, WICKERSHAM, Michelle M. Sanborn (SANBORN), Defendant Barb Caskey (CASKESO as Director of Macomb County Community Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor of Community Service?MARCH Within the Macomb County Community Corrections and the individually named corrections of?cers, medical staff, nursing staff, and mental health staff, all acting within the scope of their employment, exhibited a deliberate indifference to David? 5 physical, mental and emotional health and serious medical needs, in violation of David? 3 civil rights, and thereby imposed cruel and unusual punishment on David in violation of David?s Eighth Amendment rights in the following ways: a. Failing to adequately screen and classify David; b. alsifying documents; 0. Failing to care for the basic medical and mental health needs of inmates, speci?cally David; d. Failing to con?rm and procure David?s prescribed medications; e. Failing to make a referral to the appropriate mental health services so that proper care and treatment could be administered to David; f. Failing to treat David?s deteriorating mental/physical state by seeking immediate medical attention or to transfer him to a hospital/mental facility; Page 28 of 70 LAW OFFICES 3 IHRIE OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 I TELEPHONE (585} 77847778 DOC 9 Filed 06/01/Failing to provide for appropriate and reasonable medical and/or mental treatment of inmates; Failing to provide an adequate number of deputies/correction of?cers/ medical personnel/mental health personnel and nursing personnel for inmate supervision, due to Defendants knowledge of over-crowding issues noted above; Failing to screen deputies/correction of?cers/medical personnel/mental health personnel/nursing staff to con?rm their competency and satisfactory performance, both before and after being engaged; Failing to monitor, train, discipline or control deputies/correction of?cers/ medical personnel/mental health personnel/nursing staff after derelictions in their performance became known, or should have become known; Failing to refrain from intentionally denying or delaying access to appropriate I medical care/mental health care/nursing care Acting with gross negligence, deliberate indifference or willful disregard of David?s constitutional rights; Failing to readily identify David?s excessive weight loss during his incarceration, and to respond accordingly; and Any and all other breaches that become known during the course of discovery. 105. As the direct and proximate result of the above cited violations of David?s civil rights by Defendants, the Estate of David Stojcevski incurred and is entitled to compensation for the following damages, including, but not limited to: Page 29 of 70 LAW OFFICES IHRIE 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (586) 778-7778 DOC 9 Filed 06/01/Reasonable medical, hospital, funeral, and burial expenses; b. Economic costs and/0r damages (past, present and future); c. Loss of love d. Extreme conscious pain and suffering undergone by David while he was incarcerated; e. Loss of ?nancial support; f. Loss of service; g. Loss of gifts or other valuable gratitude?s; h. Loss of sibling companionship and guidance; i. Loss of expected inheritance; j. I Loss of society and companionship; and k. Any and all other damages identi?ed through the course of discovery otherwise available under the Michigan Wrongful Death Act, MCLA 600.2922. WHEREFORE, Vladimir Stojcevski, as Personal Representative of the Estate of David Stoj cevski, Deceased, respectfully requests that this Honorable Court enter judgment in the Estate? 5 favor and against Defendants, for the following relief: A. Compensatory non-economic and economic damages in excess of $75,000.00, including but not limited to all darnages recoverable under the United States Constitution and/or 42 U.S.C. 1983 and/or the laws of the State of Michigan including but not limited to the Michigan Wrongful Death Act; B. Punitive damages; C. Reasonable attorney fees, costs and interest; and Page 30 of 70 LAW OFFICES IHRIE OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON (586) 778-7778 DOC 9 Filed 06/01/Such other and ?u'ther relief as appears reasonable and just under the circumstances. COUNT ESTATE OF DAVID STOJCEVSKI, DECEASED GROSS NEGLIGENCE, INTENTIONAL, VVILLFUL AND WANTON CONDUCT 106. Plaintiffs restate and re-allege the allegations contained in paragraphs 1 through 105 as though fully set forth herein. I 107. At all times relevant hereto, David and Vladimir. were incarcerated at the Macomb County Jail and at all times the individual Defendants identi?ed above, or who had personal contact with Plaintiff David, or by way of visual observation, were acting and/or interacting with David . within the scope of their employment as employees and/or agents of MACOMB COUNTY, at the Macomb County Jail. 108. At all times relevant hereto, the Michigan Constitution, Michigan statutes and/or Michigan common law, and the special relationship that existed between David and the Defendants, required Defendants to provide David and Vladimir adequate medical care, mental health care, and nursing care or treatment and to act with ordinary care for the safety of David. 109. Defendants identi?ed above who had personal contact with Plaintiff David, or by way of visual observation 'had contact with him, breached their duties by acting with gross negligence, as de?ned in MCL and with recklessness, intentionality, and will?il wantonness and deliberate indifference as to whether harm to David would result by: (A) keeping David in a cell or holding area without adequate nourishment, ?uids or means of re?hydration, and Without providing medication that would prevent or limit withdrawal as suffered by David, all of which, in whole or in part and in combination with Defendants actions detailed in this Complaint, caused serious harm, excruciating pain and suffering, and death to David; and Page 31 of 70 I OBRIEN LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (586) 778-7778 110. a! b. DOC 9 Filed 06/01/all times relevant hereto, the individually named Defendants were grossly negligent in one or more of the following ways: Failing to adequately screen and classify David; Falsifying documents; Failing to care for the basic medical and mental health needs of inmates, speci?cally David; Failing to con?rm and procure David?s prescribed medications; Failing to make a referral to the appropriate mental health services so that proper care and treatment could be administered to David; Failing to treat David?s deteriorating mental/physical state by seeking immediate medical attention or to transfer him to a hespital/mental facility; Failing to provide for appropriate and reasonable medical and/or mental treatment of inmates; Failing to provide an adequate number of deputies/correction of?cers/ medical personnel/mental health personnel and nursing personnel for inmate supervision; Failing to screen deputies/correction of?cers/medical personnel/mental health personnel/nursing staff to con?rm their competency and satisfactory performance, both before and after being engaged; Failing to monitor, train, discipline or control deputies/correction of?cers/medical personnel/mental health personnel/nursing staff after derelictions in their performance became known, or should have become known; Page, 32 of 70 LAW OFFICES I OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON {556) 778-7778 DOC 9 Filed 06/01/287 Failing to refrain from intentionally denying or delaying access to appropriate medical care/mental health care/nursing care Acting with gross negligence, deliberate indifference or willful disregard of David?s and Vladimir?s constitutional rights, as stated herein; Failing to readily identify David?s excessive weight loss during his incarceration, and to respond accordingly; and I Any and all other breaches that become known during the course of discovery. 111. As the direct and proximate result of the above cited violations of David?s civil rights by Defendants, the Estate of David Stojcevski has sustained and is entitled to compensation for the following damages, including, but not limited to: a. b. Reasonable medical, hospital, funeral, and burial expenses; Economic costs and/or damages (past, present and Loss of love Extreme conscious pain and suffering undergone by David and Vladimir while he was incarcerated; Loss of ?nancial support; Loss of service; Loss of gifts or other valuable gratitude?s; Loss of sibling companionship and guidance; Loss of expected inheritance; Loss of society and companionship; and Page 33 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48080 TELEPHONE (585) 778-7778 DOC 9 Filed 06/01/Any and all other damages identi?ed through the course of discovery otherwise available under the Michigan Wrongful Death Act, MCLA 600.2922. WHEREFORE, Vladimir Stojcevski, as Personal Representative of the Estate of David Sto cevski, Deceased, requests that this Honorable Court enter judgment in his favor and against Defendants, for the following relief: A. Compensatory non?economic and economic damages in excess of $75,000.00, including but not limited to all damages recoverable under the United States Constitution and/or 42 USC. 1983 and/or the laws of the State of Michigan including but not limited to the Michigan Wrongful Death Act; B. Punitive damages; C. Reasonable attorney fees, costs and interest; and D. Such other and further relief as appears reasonable and just under the circumstances. COUNT IV: ESTATE OF DAVID STOJCEVSKI FAILURE TO TRAIN, INADEQUATE POLICIES PROCEDURES, CUSTOMS AND PRACTICES AND FAILURE TO SUPERVISE - DELIBERATE INDIFFERENCE - MACOMB COUNTY AND WICKERSHAM 1 l2. Plaintiffs restate and re-allege the allegations contained in paragraphs 1 through 1 1 as though fully set forth herein. 1 l3. Pursuant to 42 U.S.C. 1983, as well as the Fourth and Fourteenth Amendments to the United States Constitution, Defendants CCS, MACOMB COUNTY, WICKERSHAM, Michelle M. Sanborn (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Community Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor of I Community Service-MARCH within the Macomb County Community Corrections owed David Page 34 of 70 OBRIEN LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (586] 778-7778 DOC 9 Filed 06/01/289 certain duties to properly supervise, monitor and train its correctional of?cers, medical staff, nursing staff, and mental health staff so as to monitor and supervise the jail?s inmates so that they would detect serious medical conditions and facilitate prompt and immediate medical, nursing, or mental health attention and/or transport to a hospital Emergency Room. 114. That Defendants CCS, MACOMB COUNTY, WICKERSHAM, Michelle M. Sanborn (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Community Corrections and Defendant Lisa Bingharn (BINGHAM), as Supervisor of Community Service-MARCH within the Macomb County Community Corrections, in their representative and of?cial capacities, have implemented and maintained various illegal customs and policies, including but not limited to: (1) tolerating the improper training and supervision of their employees, agents and representatives; (2) having ?ill knowledge that the long-standing ?over-crowding?- existing in the Macomb County Jail was causing reduced staf?ng and budgeting within the Jail, and failing to remedy such long-standing problem; (3) hiring of unlicensed and incompetent staff, or allowing the hiring of incompetent or unlicensed staff by Defendant CMS to provide suf?cient medical and mental health care to Plaintiff and other inmates with serious medical or mental health needs associated with mental illnesses and/or substance abuse; (4) long-standing tolerance of or acquiescence to federal rights violations by employees of Defendant Macomb County and Defendant CMS related to the care, or lack of care, of inmates, including Plaintiff David Stoj cevski, who are incarcerated Page 35 of 70 LAW OFFICES IHRIE 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48080 TELEPHON (586) 778-7778 DOC 9 Filed 06/01/time when they are suffering from serious medical needs related to mental illness or substance abuse; (5) long?standing tolerance of or acquiescence to allowing employees and representatives of the Macomb County Community Corrections to make independent decisions, contrary to standing court orders, that resulted in the constitutional violation of over-detention of inmates, including Plaintiff David Stoj cevski; (6) long-standing tolerance of or acquiescence to Defendants? employees and staff failure to observe and document such observations in the 15 minute Self Harm Observation protocol; (7) long-standing tolerance of or acquiescence to Defendants? employees and staff refusal to provide medications as prescribed by inmates? physicians before said inmates were incarcerated, contrary to the previously stated standards; (8) long-standing tolerance of or acquiescence to Defendants? employees and staff failure to provide ?hands-on? medical and mental health assessments, resulting in ?walk-by? assessments of inmates, including Plaintiff David Stojcevski that provides no useful medical or mental health assessment tools to assist in meeting the serious medical and mental health needs of inmates, including Plaintiff David Stoj cevski; (9) long-standing tolerance of or acquiescence to Defendants? employees and staff preparing incomplete assessments; (10) long?standing tolerance of or acquiescence to untimely referrals of inmates for medical and/or mental health assessments; (l l) long?standing tolerance of or acquiescensce to a group-think mentality within the employment and staff ranks of Defendants Macomb County and CCS, that Page 36 of 70 3 OBRIEN LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (536} 778-7778 DOC 9 Filed 06/01/291 inmates, such as David Stojcevski, are ?faking? for an alleged secondary gain, as opposed to ful?lling the goals enunciated and enumerated in the 2008 Edition, of Standards for Health Services in Jails, Appendix (12) long- standing policy of tolerating the over-crowding in the Macomb County Jail, knowing that such over-crowding promotes and often-times is the direct cause of constitutional violations against jail inmates, including Plaintiffs herein. (13) long-standing policy of tolerating Defendants? staffs failure to document vital signs and failure to individualize daily medical and/ or mental health assessments; and (14) long-standing policy of tolerating or acquiescing to Defendants? staffs failure to provide for continuity of care of inmates being incarcerated, including David herein, as required by (2008) Rule and (15) long-standing policy of acquiescing to CCS staff? 3 failure to complete a COWS assessment prior to administration of the medication. 115. Defendants CCS, MACOMB COUNTY, WICKERSHAM, Michelle M. Sanborn (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Community Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor of Community Service- MARCH within the Macomb County Community Corrections are not protected by governmental immunity when following policies as stated above that deprives individuals of their constitutional rights. Mane]! City Dep ofSoc. Serva, 436 US. 658, 694950978). 116. That Defendants CCS, MACOMB COUNTY, WICKERSHAM, Michelle M. Sanborn (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Community Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor of Community Service-MARCH within the Macomb County Community Corrections were aware of previous Page 37 of 70 LAW OFFICES 9 OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON (586) 778-7778 DOC 9 Filed 06/01/292 incidents where individuals who were incarcerated at the Macomb County Jail were not afforded proper medical treatment, mental health treatment, and/or nursing care, speci?cally as to mental health referrals, observations and adequate care for inmates withdrawing from various medications - and drugs, or were over-detained-by reason of the actions of the Macomb County Community Corrections of?cials or employees. 117. That Defendants CCS, MACOMB COUNTY, WICKERSHAM, Michelle M. Sanborn (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Community Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor 0f Community Service-MARCH within the Macomb County Community Corrections were aware of some, or all of the customs and practices cited above, and of customs and practices of correction of?cers/ deputies and/or medical staff and/or mental health staff and/or nursing staff failing to gather necessary and easily accessed information regarding inmates prescribed use of medications prior to incarceration at the Macomb County Jail, including the failure of Defendant Macomb County Jail personnel to use the Michigan Automated Prescription System On-line veri?cation tool readily available to all law enforcement agencies, including Defendant MACOMB COUNTY and Defendant WICKERSHAM. 118. The Defendants owed David the following and duties and obligations: a. To use due care and caution; b. To adequately and properly promulgate guidelines and policies that comply with the requirements of 42 U.S.C. 1983 regarding the incarceration of inmates and the supervision of inmates, especially those who are mentally and emotionally and physically unstable, or those who are taking prescribed Page 38 of 70 LAW OFFICES OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48030 TELEPHON (566) 778-7778 DOC 9 Filed 06/01/293 medication for pre-existing drug-dependency conditions, or problems; c. To adequately and properly train and supervise deputies and employees, agents or representative of the Macomb County Jail under their supervision on the proper method of supervising prisoners and providing for their medical needs and on effectively controlling prisoners who have or are suspected of suffering from pro-existing drug-dependency conditions requiring medications, or who are suffering or problems; (1. To adequately and properly train and supervise deputies and employees, agents or representatives of the Macomb County Jail under their supervision on the proper method of assessing the difference between real and actual of benzodiazapene withdrawal and false or ?fake? of such withdrawal; and e. To avoid hiring or selecting individuals who it knows or should know are incapable of performing their responsibilities or who are likely to misuse or abuse the power conferred on them as employees of the Macomb County Jail, or who are so deliberately indifferent to inmates medical and mental health conditions so as to make rash and irresponsible conclusions without basis in fact pertaining to inmates presented f. To not tolerate clear and consistent violations of accrediting standards, inter alia, cited herein and promulgated "by the National Commission on Correctional Health Care; and Page 39 of 70 LAW OFFICES 3 OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48080 TELEPHON (585) 778-7778 DOC 9 Filed 06/01/not create by action or inaction, the afore-referenced customs and policies that would lead to violations of inmates constitutional rights, as enumerated herein. 119. That Defendants breached these duties via their policies, procedures, regulations, customs and/or lack of training and thus exhibited a reckless indifference toward its prisoners and David speci?cally, in the following ways, including, but not limited to: a. Defendants? failure to staff the jail with competent medical personnel so that a mental health professional; I). Defendants? failure to monitor their correctional of?cers and medical personnel to ensure that they adequately monitor and supervise inmates who have serious medical needs; c. Defendants? failure to have proper policies and procedures, and training to deal with inmates in the observation cell and ensure that the policies and/or procedures are followed, which include serial examinations by competent and licensed medical, nursing and mental health personnel like registered nurses (RN), and/or Doctors, as well as its failure to ensure the correctional of?cers, mental health staff, and nursing staff conduct timely and adequate rounds and record their observations of the inmates every 15 minutes as required by their own policies and/or procedures; d. Defendants? failure to require that a nurse, doctor or mental health Professional perform a full and complete examination of a prison held in a medical observation cell, at least once per day; Page 40 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON E. (586) 77?8-7778 DOC 9 Filed 06/01/Defendants? failure to have proper policies and procedures, and training to deal with the potential of Macomb County and CCS employees from adopting an institutionalized ?group think? mentality in the custody and care of inmates who require unique and adequate care, such as David required in this matter; Defendants? failure to have proper policies and procedures in place to deal with jail overcrowding in the high observation units of the facility; Defendants? failure to fully investigate and discipline its correctional of?cers and/ or medical/mental health personnel Who do not abide by its policiesand procedures relative to providing medical care and/or mental health care for serious conditions; All other breaches learned through the course of discovery. 120. That Defendants trained their of?cials and/ or employees and agents in such a reckless and grossly negligent matter, that it was inevitable that the of?cials would provide such inadequate care to an inmate such as David, in a monitored cell, such that Defendants? employees would watch David die a slow and painful death caused by benzodiazepine withdrawal, and associated all of which were, or should have been obvious to Defendants? employees and agents, and which were so obvious as to make it readily apparent to any well-trained corrections of?cers, nursing staff, medical staff, or mental health staff that David was indeed exhibiting signs of a fatal withdrawal from prescribed benzodiazepene medications. 121. The failure of the Defendants to provide training and supervision regarding the proper care of inmates amounts to deliberate indifference to the safety and lives, and serious medical and mental health needs, of the inmates in the Macomb County Jail and particularly David. Page 41 of 70 LAW OFFICES IHRIE 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON (585) 778-7778 DOC 9 'Filed 06/01/296 122. (SANBORN), Defendant Barb Caskey (CASKEY) as Director of Macomb County Community Corrections and Defendant Lisa Bingham (BINGHAM), as Supervisor of Community Service- MARCH within the Macomb County Community Corrections are supervisory of?cials who knew, or in the exercise of reasonable care, should have known that individual prison of?cials had engaged in misconduct and other violations of the constitutional rights of prison inmates at the Macomb County Jail, more speci?cally David, as identi?ed herein. 123. Despite knowledge of its aforesaid customs, patterns and practices, the Defendants failed to properly investigate the improper practices and to supervise and train the prison of?cials at the Macomb County Jail. 124. Defendants developed a ?hands off? policy or custom with regard to the omissions of individual prison of?cials which encouraged the individual officials to believe they could violate the constitutional rights of David with the explicit or tacit approval of the Defendants herein.- 125. Defendant Macomb County and Wickersham, acting under color of state law, authorized, tolerated, rati?ed, permitted, or acquiesced in the creation of policies, practices, and customs, as listed above, establishing a de facto policy of deliberate indifference to Plaintiffs? constitutionally protected rights. I 126. As a direct and proximate result of the above cited violations of David?s civil rights by Defendants, and as a direct and proximate result of these policies, practices, and customs, the Estate of David Stojcevski has sustained and is entitled to compensation for the following damages, including, but not limited to: a. Reasonable medical, hospital, ?ineral, and burial expenses; b. Economic costs and/or damages (past, present and future); Page 42 of 70 Defendants CCS, MACOMB COUNTY, WICKERSHAM, Michelle M. Sanborn LAW OFFICES IHRIE 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48080 TELEPHONE (586} 778-7778 A. DOC 9 Filed 06/01/297 Loss of love Extreme conscious pain and suffering undergone by David while he was incarcerated; Loss of ?nancial support; Loss of service; Loss of gifts or other valuable gratitudes; Loss of sibling companionship and guidance; Loss of expected inheritance; Loss of society and companionship; and Any and all other damages identi?ed through the course of discovery otherwise available under the Michigan Wrongful Death Act, MCLA 600.2922. WHEREFORE, Vladimir Stojcevski, as Personal Representative of the Estate of David Stoj cevski, Deceased, respectfully requests that this Honorable Court enter judgment in Plaintiff Estate?s favor and against Defendants, for the following relief: Compensatory non-economic and economic damages in excess of $75,000.00, including but not limited to all damages recoverable under the United States Constitution and/ or 42 U.S.C. 1983 and/or the laws of the State of Michigan including but not limited to the Michigan Wrongful Death Act; B. Punitive damages; C. Reasonable attorney fees, costs and interest; and D. Such other and further relief as appears reasonable and just under the circumstances. Page 43 of 70 LAW OFFICES IHRIE 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (536) 778?7778 DOC 9 Filed 06/01/298 SPECIFIC ALLEGATIONS REGARDING PLAINTIFF VLADIMIR STOJCEVSKI 127. Plaintiff restates and re-alleges the allegations contained in paragraphs 1 through 126' as though fully set forth herein. 128. During the initial processing of Vladimir by the various jail personnel, including Defendant DELUCA, CCS employee certain facts and determinations were reached by the jail personnel and CCS employees or agents, by way of conversations with Vladimir, including but not limited to: a. Vladimir?s blood pressure was determined to be 110/84, his pulse rate was 64, respiratory rate was meansured at 12, his temperature was 98.30, his height was 5? and his weight was 165 pounds; b. Vladimir had been prescribed Neurontin 600 mg TID, Klonopin 2mg TID, and Norco 5/325 mg (one) prior to incarceration, facts that were veri?ed by jail personnel or CCS employees or agents; c. Vladimir did not have Health Insurance; d. Vladimir was placed in Holding Cell No. 3 (HC3), was then transferred to a room commonly known as the ?day room? for approximately 2 days, and on or about June 14, 2014. Was placed in the Detoxi?cation Unit of the Macomb County Jail, Detoxi?cation Cell No. 2 e. Suicide Potential Screening required no referral to MH (Mental Health) for suicide watch; f. Vladimir?s Mental Status included: Alert orientation, Affect appropriate, Logical thought processes, Speech Appropriate, Mood appropriate, Activity appropriate, and no Hallucinations. During the initial processing of Plaintiff Page 44 of 70 LAW OFFICES OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48080 TELEPHONE (586) 778-7778 DOC 9 Filed 06/01/299 Vladimir by various jail personnel, as well as CCS employees or agents, certain facts and determinations were reached by the jail personnel and CCS employees or agents, by way of conversations with Vladimir, including but not limited to: 129. Upon information and belief, Vladimir was placed in Holding Cell No. 3, (HG-3) in the Jail booking area for approximately 2 days, at which time Vladimir was transferred to Detoxi?cation Unit Cell No. 2 on or about June 13, 2014. Vladimir?s housing assignment remained in the Detoxi?cation Unit until June 16, 2014. 130. From on or about June 11, 2014 through June 15, 2014 Vladimir had seizures accompanied by vomiting spells and bowel incontinence. By June 19, 2014, due to the Defendants? failures to make available outside medical care for Vladimir?s serious medical needs, Plaintiff Vladimir Stoj cevski lost 29 pounds during the eight days of incarceration to that time. 131. On June 22, 2014, Plaintiff Vladimir was complaining of a ?racing? heart beat. Defendant Bertram does not contact the physician. The blood work was supposed to be done on June 20, 2014, which was ?nally done on June 23 2014 showed a decreased potassium level of 3 .3. 132. Notwithstanding Vladimir? numerous requests to be allowed to clean himself, and to examine his lower extremity for injury or disease, various Defendant CCS employees and Macomb County jail personnel, as of yet unidenti?ed, refused to allow Vladimir to properly wash his lower extremity and behind, and re?ised Vladimir adequate medical care, the refusals evincing the Defendants? deliberate indifference to Vladimir serious medical needs being exposed to a substantial risk of physical and mental harm related to Defendants refusals noted above. Page 45 of 70 LAW OFFICES 3 OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (536] 778-7778 DOC 9 Filed 06/01/300 133. Vladimir had a known history of seizures with recent hospitalization for seizures. Upon incarceration, Defendants knew and veri?ed that Vladimir had been prescribed Neurontin 600 mg. TID for control of his seizures. 134. Defendant SHERMAN, with the above mentioned knowledge, chose to prescribe a less expensive medication, Dilantin. Although Dilantin is a medication that also controls seizures, Dcfendand SHERMAN failed to appropriately determine the correct dosage for David and failed to prescribe a loading dose for this new medication, contrary to previously cited regulations. care, and to cleanse his body to remove the vomit and feces from his upper and lower extremities, Vladimir suffered physical and mental injury, great indignity, embarrassment, and ridicule within the Macomb County Jail from inmates, as well as Defendants? employees and agents. 135. Upon initial screening, Vladimir denied the use of alcohol. Notwithstanding this documented knowledge, Defendants placed Vladimir on an alcohol withdrawal protocol and began giving him Librium to combat the effects of the withdrawal. Defendants failed to recognize that Vladimir was exhibiting signs and/or of withdrawal from his seizure medication, Neurontin. 136. For several days, and as a result of being refused the very basic request for medical care, and to cleanse his body to remove the vomit and feces from his upper and lower extremities, Vladimir suffered physical and mental injury, great indignity, embarrassment, and ridicule within the Macomb County jail inmates, as well as Defendants? employees and agents, as of yet unidenti?ed, due to the dried, caked-on, or left over feces caused by Defendants? refusal to allow Plaintiff to cleanse himself. . 137. On or about June 23, 2014, Defendants heeded Vladimir?s numerous and long- standing requests for medical care, and Defendant WICKERSHAM and Defendant CCS decided Page 46 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48080 TELEPHONE (586} 773'7778 DOC 9 Filed 06/01/release Vladimir from the jail on June 23, 2014 to the McLaren Regional Hospital for medical examination, many days after Vladimir demonstrated a need to attend to his serious medical needs that could only be performed in a ho spitalsetting. Upon admission to the hospital, Plaintiff Vladimir Stojcevski was suffering from: a. Systemic in?ammatory response criteria with possible sepsis; b. Acute peritoneal cellulitis; c. Muscular edema secondary to infection versus in?ammation of the bilateral gluteus maximus muscle group; d. Acute encephalopathy, non-speci?c etiology; e. Possible rectal mucosal tear secondary to anal trauma; f. Leukocytosis (increased white blood cell count); g. Acute intractable rectal and abdominal pain; h. Sacral wound; and i. Mild hypokalemia (low potassium). COUNT V: VLADIMIR STOJCEVSKI VIOLATION OF 42 U.S.C. 1983 AND THE 8TH AND 14THAMENDMENTS OF THE UNITED STATES CONSTITUTION 13 8. Plaintiffs restate and re-allege the allegations contained in paragraphs 1 through 137 as though fully set forth herein. 13 9. Plaintiffs restate and re?allege the allegations contained in pa as though ?illy set forth herein. 140. As a citizen of the United States and a resident of Macomb County Jail located in the State of Michigan, Vladimir was entitled to all rights, privileges and immunities accorded to all incarcerated citizens of the State of Michigan and of the United. States. Page 47 of 70 LAW OFFICES IHRIE 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48030 TELEPHONE (586} 778-7778 DOC 9 Filed 06/01/302 141. At all times relevant hereto, all Defendants identi?ed herein were acting within the course and scope of their employment 'with the County of Macomb and/or CCS and were acting under color of state law with the authority granted to them as corrections of?cers or correctional healthcare providers and/or managers and/or shift supervisors. 142. At all times relevant hereto, pursuant to the Eighth and Fourteenth Amendments of the United States Constitution, Plaintiff Vladimir had a right to be free of cruel and unusual punishment and to receive proper and adequate medical care while incarcerated and under the custody and control of MACOMB COUNTY at the Macomb County Jail and under the supervision and control of the Defendants. 143. At all times relevant hereto, Vladimir had a right to adequate and suf?cient medical care and treatment such that his medical and mental conditions would be protected, and that he would be free from needless unjusti?ed and preventable pain, suffering and deterioration of his health and well-being. 144. At all times relevant hereto, Defendants actions cited above evinced malice, recklessness, and a callous and deliberate indifference to Vladimir?s federally protected rights to be free of cruel and unusual punishment and to medical care that adequately treated Vladimir?s serious medical needs, previously identi?ed by a physician who had prescribed medication for drug withdrawal 145. The Defendants cited above speci?cally and with deliberate indifference refused to provide the very basics of life to Vladimir, the right to proper and suf?cient hygiene during the time frame noted above, notwithstanding the Defendants knowledge of the obvious and excruciating pain and humiliation being suffered by Vladimir due to the infections caused by the unsterile conditions of con?nement to which Defendants subjected Vladimir. Page 48 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48080 TELEPHON (586) 778-7778 DOC 9 Filed 06/01/303 146. The actions cited above violated a clearly established constitutional rights of which Defendants were aware or should have been aware, namely, inter alia, the long-established right to be free of cruel and unusual punishment, the right to medical care that adequately treated Vladimir? serious medical needs through the use of previously prescribed medications; and the right to be free from a con?nement that denied Vladimir the minimal civilized measure of life?s necessities. 147. The Defendants restricted Vladimir? 5 access to a basic necessity to maintain his life, that being medication that had been speci?cally prescribed by his physician prior to incarceration, as well as being? afforded suf?cient hygiene to protect against physical as well as mental pain and injury. 148. The Defendants who had contact with Plaintiff Vladimir, failed to communicate information to superviSors and others in charge of the care and custody of Vladimir concerning his medical and living conditions in his cell. 149. The Defendants who had contact with Plaintiff Vladimir ignored facts that he was exhibiting obvious signs of withdrawal, starvation, and dehydration and kept Vladimir locked in his cell, not allowing him to cleanse himself of the vomit and fecal matter resulting from his seizures. 150. The actions of the Defendants cited above violated a clearly established constitutional right of which Defendants were aware or should have been aware, namely, inter alia, Plaintiff 3 right to adequate medical care and treatment for Plaintiff serious medical needs, as well as Plaintiff?s right to proper hygiene to avoid infection and disease. 151. The actions of the Defendants, created a substantial risk of harm to the health and safety of Vladimir, as demonstrated by the numerous ailments suffered by Plaintiff when he was admitted to McLaren HOSpital on or about June 23, 2014. Page 49 of 70 LAW OFFICES OBRIEN ST. CLAIR SHORES, Ml 48080 24055 JEFFERSON AVE., SUITE 2000 TELEPHONE (586) 773-7778 DOC 9 Filed 06/01/304 152. The Defendants, on numerous occasions failed to obtain, summon or follow through with requests for medical care and treatment after observing obvious signs and of withdrawal, dehydration, and starvation suffered by Vladimir during his incarceration, as evidenced by a 29 pound weight loss within eight (8) days of his incarceration. 153. Vladimir?s health and well-being also suffered by reason of him being unable to consume suf?cient nutrition during the time that Defendants did not allow him to cleanse himself. 154. Many days prior to Vladimir?s admission to the hospital, Vladimir was suffering injuries that were, or should have been, apparent to the Defendants, but Defendants did nothing but wait until the injuries required outside medical care. 155. During the time that Vladimir?s health continued to deteriorate, the various Defendants, pursuant to the Eighth Amendment, were required to provide and/or obtain adequate medical care for him, including, but not limited to cardiac monitoring and/or hospitalization. To the contrary, however, the various Defendants with malice, recklessness and callous and deliberate indifference failed to provide or obtain care and treatment necessary to meet Plaintiff?s serious medical needs. 156. The actions and/or omissions of the various Defendants noted above constituted a deliberate indifference to the serious medical needs of Vladimir and demonstrate a reckless, willful and wanton disregard for the. health and safety of Vladimir thereby denying Plaintiff the constitutional right to be free from cruel and unusual punishment as provided by the Eighth Amendment to the United States Constitution. 157. As the direct and proximate result of the actions and/ or omissions of the Defendants, Vladimir suffered great physical pain, discomfort, loss of mental capacity, humiliation, degradation and suffering. Page 50 of 70 LAW OFFICES 3 OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48030 TELEPHON DOC 9 Filed 06/01/305 158. As the direct and proximate result of the acts and/or omissions of the various Defendants, as of yet unknown and unidenti?ed, Plaintiff has sustained and is entitled to compensation for the following damages, including, but not limited to: I a. Reasonable medical and hospital expenses; b. Economic costs and/or damages (past, present and ?lture); c. Reasonable compensation for the conscious pain and suffering experienced by Vladimir during his incarceration, and thereafter; and d. Any and all other damages identi?ed through the course of discovery otherwise available under state and federal law. 1 59. By the aforementioned actions and/ or omissions, Defendants have deprived Vladimir of the rights secured by the Eighth and Fourteenth Amendment to the United States Constitution and of 42 U.S.C. 1983. WHEREFORE, Vladimir Stoj cevski, Individually, respectfully requests that this Honorable Court enter judgment in Plaintiffs favor and against Defendants who had personal contact with Plaintiff, as of yet unidenti?ed but believed to be included as Defendants herein, as follows: A. Compensatory non-economic and economic damages in excess of $75,000.00, including but not limited to all damages recoverable under the United States Constitution and/or 42 U.S.C. 1983 and/or the laws of the State of Michigan; B. Punitive damages; C. Reasonable attorney fees, costs and interest; and D. Such other and further relief as appears reasonable and just under the circumstances. Page 51 of 70 LAW OFFICES 3 OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48080 TELEPHON (585) 778-7778 DOC 9 Filed 06/01/306 COUNT VI: VLADIMIR STOJCEVSKI DENIAL OF MEDICAL TREATMENT FOR SERIOUS MEDICAL NEEDS 160. Plaintiffs restate and re-allege the allegations contained in paragraphs 1 through 159 as though ?illy set forth herein. 161. At all times relevant hereto, individual Defendants, as of yet unidenti?ed, but upon information and belief had contact with Vladimir during his constitutionally Violative con?nement, and Defendants WICKERSHAM, and Defendant COUNTY OF MAC OMB, as alleged above were acting under color of statute, ordinances, regulations and/or customs of the State of Michigan, subjected Vladimir to a deprivation of his rights, privileges and immunities secured by. the Constitution and laws of the United States and the State of Michigan. 162. Pursuant to 42 U.S.C. 1983, as well as the Eighth and Fourteenth Amendments to I the United States Constitution, Defendants CCS, WICKERSHAM, Defendant COUNTY OF MACOMB, and the individually named Defendants owed David a duty to act prudently and with reasonable care, and to otherwise avoid cruel and unusual punishment. 163. Defendant CCS, WICKERSHAM, Defendant COUNTY OF MACOMB, and the individually named Defendants deprived Vladimir of his clearly established rights, privileges and immunities in violation of the Fourth, Eighth and Fourteenth Amendments of the Constitution ofthe United States, and 42 U.S.C. 1933. 164. Defendant CCS, WICKERSHAM, and Defendant COUNTY OF MACOMB, and the individually named Defendants owed duties to the County?s inmates, particularly to Vladimir,- to act prudently and with reasonable care in the formulation of its policies and procedures relative to providing him prompt and immediate medical treatment, as well as to train, test, evaluate, review and update their corrections of?cers, medical personnel, nursing staff, and mental health personnel Page 52 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (586) 778-7778 DOC 9 Filed 06/01/function in a reasonable manner and in conformity with the laws of the United States and of the State of Michigan relative to providing inmates and patients with necessary, life sustaining, and life saving treatment and care. 165. Defendants CCS, MACQMB COUNTY, and Defendant WICKERSHAM, was at a high risk for suffering signi?cant withdrawal seizure and from contracting infections due to the lack of hygience during his con?nement, by virtue of the following, including, but not limited to: a. b. c. 166. Information received from Vladimir, which was con?rmed by Defendants, that he had a highly signi?cant risk of poly-substance or opiod withdrawal, and that he was dependent on medications to control his thoughts, mood and behavior; Defendants observations of Vladimir during his 12 day incarceration, most of which were easily identi?able as of seizures and infection; Defendants CCS, MACOMB COUNTY, and WICKERSHAM, had prior knowledge that: (1) there were over-crowding conditions in the Macomb County Jail requiring policy and practice changes that would reduce such over-crowding; (2) the Macomb County Jail had become the new asylum for mental health and substance abuse patients; and 3) that many of Macomb County judges use the Macomb County Jail as a sobering institution for the inmates, such as Plaintiffs herein. Any other reasons which may become known during the course of discovery. The conduct of Defendants, CCS, MACOMB COUNTY, and WICKERSHAM, the individually named corrections of?cers, medical staff, nursing staff, and mental health staff, all Page 53 of 70 LAW OFFICES 2 IHRIE OBRIEN ST. CLAIR SHORES, Ml 48080 TELEPHON {585) 778-7778 24055 JEFFERSON AVE., SUITE 2000 al b. DOC 9 Filed 06/01/308 acting within the scope of their employment, exhibited a deliberate indifference to Vladimir?s physical, mental and emotional health and serious medical needs, in violation of Vladimir?s civil rights, and thereby imposed cruel and unusual punishment in violation of Vladimirs Eighth Amendment rights in the following ways: Failing to adequately screen and classify Vladimir; Falsifying documents, or preparing incomplete documents and assessments; Failing to care for the serious medical and mental health needs of inmates, speci?cally Vladimir; Failing to procure Vladimir?s prescribed medications so as to assure a continuity of prescription medicine care; Failing to make a referral to the appropriate mental health services so that proper care and treatment could be administered to Vladimir; Failing to treat Vladimir?s deteriorating mental/physical state by seeking immediate medical attention or to transfer him to a hospital/mental facility; Failing to provide for appropriate and reasonable medical and/or mental treatment of inmates; Failing to provide an adequate number of deputies/correction officers/ medical personnel/mental health personnel and nursing personnel for inmate supervision, due to Defendants knowledge of over-crowding issues noted above; Failing to screen deputies/correction of?cers/medical personnel/mental health personnel/nursing staff to con?rm their competency and satisfactory performance, both before and after being engaged; Page 54 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (586} 778-7778 DOC 9 Filed 06/01/309 167. Failing to monitor, train, discipline or control deputies/correction of?cers/ medical personnel/ mental health personnel/ nursing staff after derelictions in their performance became known, or should have become known; Failing to refrain from intentionally denying or delaying access to appropriate medical care/mental health care/nursing care Acting with gross negligence, deliberate indifference or willful disregard of Vladimir?s constitutional rights; Failing to readily identify Vladimir?s excessive weight loss, during his incarceration, and to respond accordingly; and Any and all other breaches that become known during the course of discovery. As the direct and proximate result of the above cited violations of Vladimir? 3 civil rights by Defendants, the Plaintiff Vladimir Stojcevski incurred is entitled to compensation for the following damages, including, but not limited to: a. b. Reasonable medical and hospital expenses; Economic costs and/or damages (past, present and ?rture); Extreme conscious pain and suffering undergone by Vladimir while he was incarcerated; and Any and all other damages identi?ed through the course of discovery otherwise available under the state and federal law. WHEREFORE, Vladimir Stojcevski, respectfully requests that this Honorable Court enter judgment in his favor and against Defendants, for the following relief: Page 55 of 70 LAW OFFICES 5 24055 JEFFERSON AVE., SU1TE 2000 ST. CLAIR SHORES, MI 48080 TELEPHONE (586) 778-7778 DOC 9 Filed 06/01/Compensatory non-economic and economic damages in excess of $75,000.00, including but not limited to all damages recoverable under the United States Constitution and/or 42 U.S.C. 1983 and/or the laws of the State of Michigan; B. Punitive damages; C. Reasonable attorney fees, costs and interest; and D. Such other and further relief as appears reasonable and just under the circumstances. COUNT VII: VLADIMIR STOJCEVSKI GROSS NEGLIGENCE INTENTIONAL WILLFUL AND WANTON CONDUCT 168. Plaintiffs restate and re-allege the allegations contained in paragraphs 1 through 167 as though fully set forth herein. 169. I At all times relevant hereto, Vladimir were incarcerated at the Macomb County Jail and at all times the individual Defendants identified above were acting and/or interacting with Vladmir within the scope of their employment as employees and/or agents of MACOMB COUNTY, at the Macomb County Jail. I 170. At all times relevant hereto, the Michigan Constitution, Michigan statutes and/or Michigan common law, and the special relationship that existed between Plaintiff and the Defendants, required Defendants to provide Vladimir adequate medical care, mental health care, and nursing care or treatment and to act with ordinary care for the safety of Vladimir. 17 1. Defendants identi?ed above who had personal contact'with Plaintiff Vladimir, or by way of visual observation had contact with him, breached their duties by acting with gross negligence, as de?ned in MCL 691 .l407(2)( and with recklessness, intentionality, and willful wantonness and deliberate indifference as to whether harm to David would result by: Page 56 of 70 ST. CLAIR SHORES, Ml 48080 TELEPHON (586) 778-7778 IHRIE LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 DOC 9 Filed 06/01/311 (A) keeping Vladimir in an unclean and unsanitary cell or holding area without adequate nourishment, and without providing medication that would prevent or limit withdrawal and/ or seizures as suffered by Vladimir, all of which, in whole or in part and in combination with Defendants actions detailed in this Complaint, caused serious harm and excruciating pain and suffering to Vladimir. 172. At all times relevant hereto, the individually named Defendants were grossly negligent in one or more of the following ways: a. Failing to adequately screen and classify Vladimir; b. alsifying documents or failing to complete documentation; 0. Failing to care for the basic medical and mental health needs of inmates, speci?cally Vladimir; d. Failing to procure and provide Vladimir?s prescribed medications; e. Failing to make a referral to the appropriate mental health services so that proper care and treatment could be administered to Vladimir; f. Failing to treat David?s deteriorating mental/physical state by seeking immediate medical attention or to transfer him to a hospital/mental facility; g. Failing to provide for appropriate and reasonable medical andfor mental treatment of inmates, including Vladimir; h. Failing to provide an adequate number of deputies/correction of?cers/ medical personnel/ mental health personnel and nursing personnel for inmate supervision, due to jail over?crowding issues that Defendants CCS, MACOMB COUNTY, and WICKERSHAM were well aware; Page 57 of 70 LAW OFFICES IHRIE OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (585} ?78-7778 DOC 9 Filed 06/01/Failing to screen deputies/correction of?cers/medical personnel/mental health personnel/nursing staff to con?rm their competency and satisfactory performance, both before and a?er being engaged; j. Failing to monitor, train, discipline or control deputies/correction of?cers/medical personnel/mental health personnel/nursing staff after derelictions in their performance became known, or should have become known; I k. Failing to refrain from intentionally denying or delaying access to appropriate medical care/mental health care/nursing care 1. Acting with gross negligence, deliberate indifference or willful disregard of Vladimir?s constitutional rights, as stated herein; Failing to readily identify Vladimir?s excessive weight loss during his In. incarceration, and to respond accordingly; and n. Any and all other breaches that become known during the course .of discovery. 173. As the direct and proximate result of the above cited violations of Vladimir?s civil rights by Defendants, Vladimir Stoj cevski has sustained and is entitled to compensation for the following damages, including, but not limited to: a. Reasonable medical and hospital expenses; b. Economic costs and/or damages (past, present and future); c. Extreme conscious pain and suffering undergone by Vladimir while he was incarcerated; and d. Any and all other damages identi?ed. through the course of discovery. Page 58 of 70 LAW OFFICES 3 IHRIE OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48080 TELEPHON (586) 778-7778 DOC 9 Filed 06/01/313 WHEREFORE, Vladimir Stojcevski, respectfully requests that this Honorable Court enter judgment in his favor and against Defendants, for the following relief: A. Compensatory non-economic and economic damages in excess of $75,000.00, including but not limited to all damages recoverable under the United States Constitution and/ or 42 I U.S.C. 1983 and/or the laws of the State of Michigan; B. Punitive damages; . C. Reasonable attorney fees, costs and interest; and D. Such other and further relief as appears reasonable and just under the circumstances. COUNT VLADIMIR STOJCEVSKI FAILURE TO TRAIN, INADEQUATE POLICIES PROCEDURES, CUSTOMS AND PRACTICES AND FAILURE TO SUPERVISE - DELIBERATE INDIFFERENCE - MACOMB COUNTY AND WICKERSHAM 174. Plaintiffs restate and re-allege the allegations contained in paragraphs 1 through 173 as though fully set forth herein. 175 . Pursuant to 42 U.S.C. 1983, as well as the Fourth and Fourteenth Amendments to the United States Constitution, Defendants CCS, and MACOMB COUNTY, WICKERSHAM, owed Vladimir certain duties to properly supervise, monitor and train its correctional of?cers, medical staff, nursing staff, and mental health staff so as to monitor and supervise the jail?s inmates so that they would detect serious medical conditions and facilitate prompt and immediate medical, nursing, or mental health attention and/0r transport to a hospital Emergency Room. I 176. That Defendants CCS, MACOMB COUNTY, and WICKERSHAM, in their representative and official capacities, have implemented and maintained various illegal customs and policies, including but not limited to: Page 59 of 70 LAW OFFICES 3 IHRIE OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 43030 TELEPHON {586) 778-7778 DOC 9 Filed 06/01/314 (1) tolerating the improper training and supervision of their employees, agents and representatives; (2) having full knowledge that the long-standing ?over-crowding? existing in the Macomb County Jail was causing reduced staf?ng and budgeting within the Jail, and failing to remedy such long-standing problem; (3) hiring of unlicensed and incompetent staff, or allowing the hiring of incompetent or unlicensed staff by Defendant CMS to provide suf?cient medical and mental health care to Plaintiff and other inmates with serious medical or mental health needs associated with mental illnesses and/or substance abuse; (4) long-standing tolerance of or acquiescence to federal rights violations by employees of Defendant Macomb County and Defendant CMS related to the 'care, or lack of care, of inmates, including Plaintiff David Stoj cevski, who are incarcerated at a time when they are suffering from serious medical needs related to mental illness or substance abuse; (5) long-standing tolerance of or acquiescence to allowing employees and representatives of the Macomb County Community Corrections to make independent decisions, contrary to standing court orders, that resulted in the constitutional violation of over-detention of inmates, including Plaintiff David Stojcevski; (6) long-standing tolerance of or acquiescence to Defendants? employees and staff failure to observe and document such observations in the 15 minute Self Harm Observation protocol; Page 60 of 70 LAW OFFICES IHRIE 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48060 TELEPHONE [586) 778-7773 DOC 9 Filed 06/01/315 (7) long-standing tolerance of or acquiescence to Defendants? employees and staff refusal to provide medications as prescribed by inmates? physicians before said inmates were incarcerated, contrary to the previously stated standards; (8) long-standing tolerance of or acquiescence to Defendants? employees and staff failure to provide ?hands-on? medical and mental health assessments, resulting in ?walk-by? assessments of inmates, including Plaintiff David Stojcevski that provides no useful medical or mental health assessment tools to assist in meeting the serious medical and mental health needs of inmates, including Plaintiff David Stoj cevski; (9) long-standing tolerance of or acquiescence to Defendants? employees and staff preparing incomplete assessments; (10) long-standing tolerance of or acquiescence to untimely referrals of inmates for medical and/or mental health assessments; (11) long-standing tolerance of or acquiescensce to a group-think mentality Within the employment and staff ranks of Defendants Macomb County and CCS, that inmates, such as David Stojcevski, are ?faking? for alleged secondary gain, as opposed to ?ilfilling the goals enunciated and enumerated in the 2008 Edition, of Standards for Health Services in Jails, Appendix (12) long?standing policy of tolerating the over-crowding in the Macomb County Jail, knowing that such over?crowding promotes and often-times is the direct cause of constitutional violations against jail inmates, including Plaintiffs herein. (l3) long-standing policy of tolerating Defendants? staffs failure to document vital signs and failure to individualize daily medical and/ or mental health assessments; and Page 61 of 70 LAW OFFICES .1 OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, MI 48080 TELEPHON (585) 778-7773 DOC 9 Filed 06/01/316 (14) long-standing policy of tolerating or acquiescing to Defendants? staffs failure to provide for continuity of care of inmates being incarcerated, including David herein, as required by (2008) Rule and (1 5) long-standing policy of acquiescing to CCS staff? 3 failure to complete a COWS assessment prior to administration of the medication. 177. Defendants CCS, MACOMB COUNTY, WICKERSHAM, are not protected by governmental immunity when following policies as stated above that deprives individuals of their constitutional rights. Monell N. Y. City Dep ?t ofSoc. Sewn, 436 658/ 690-91, 692 (1978). 178. That Defendants CCS, MACOMB COUNTY, WICKERSHAM, were aware of previous incidents where individuals who were incarcerated at the Macomb County Jail were not afforded proper medical treatment, mental health treatment, and/or nursing care, speci?cally as to mental health referrals, observations and adequate care for inmates withdrawing from various medications and drugs, or were not provided suf?cient hygiene to protect the inmates from disease and infection. 179. That Defendants CCS, MACOMB COUNTY, and WICKERSHAM were aware of some, or all of the customs and practices cited above, and of customs and practices of correction of?cers/ deputies and/or medical staff and/or mental health staff and/or nursing staff failing to gather necessary and easily accessed information regarding inmates prescribed use of medications prior to incarceration at the Macomb County Jail. 180. The Defendants owed Vladimir the following and duties and obligations: a. To use due care and caution; b. To adequately and properly promulgate guidelines and policies that comply with the requirements of 42 U.S.C. 1983 regarding the incarceration of Page 62 of 70 LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON (586) 778-7778 DOC 9 Filed 06/01/317 inmates and the supervision of inmates, especially those who are mentally and emotionally and physically unstable, or those who are taking prescribed medication for pre-existing drug-dependency conditions, or problems; 0. To adequately and properly train and supervise deputies and employees, agents or representative of the Macomb County Jail under their supervision on the proper method of supervising prisoners and providing for their medical needs and on effectively controlling prisoners who have or are suspected of suffering from pre?existing drug-dependency conditions requiring medications, or who are suffering or problems; d. To adequately and properly train and supervise deputies and employees, agents or representatives of the Macomb County Jail under their supervision on the proper method of assessing the difference between real and actual of drug Withdrawal and false or ?fake? of such Withdrawal; and e. To avoid hiring or selecting individuals who it knows or should know are incapable of performing their responsibilities or who are likely to misuse or abuse the power conferred on them as employees of the Macomb County. Jail, or who are so deliberately indifferent to inmates medical and mental health conditions so as to make rash and irresponsible conclusions without basis in fact pertaining to inmates presented Page 63 of 70 3 OBRIEN LAW OFFICES 24055 JEFFERSON AVE.., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON (586) "778-7778 DOC 9 Filed 06/01/not tolerate Clear and consistent violations of accrediting standards, inter alia, cited herein and promulgated by the National Commission on Correctional Health Care; and To not create by action or inaction, the afore-referenced customs and policies that would lead to violations of inmates constitutional rights, as enumerated herein, including the violation of an inmate?s right to hygiene. 181. That Defendants breached these duties via their policies, procedures, regulations, customs and/or lack of training and thus exhibited a reckless indifference toward its prisoners and Vladimir speci?cally, in the following ways, including, but not limited to: EL b. Defendants? failure to staff the jail with competent medical personnel; Defendants? failure to monitor their correctional of?cers and medical personnel to ensure that they adequately monitor and supervise inmates who have serious medical needs; Defendants? failure to have proper policies and procedures, and training to deal with inmates in the observation cell and ensure that the policies and/or procedures are followed, which include serial examinations by competent and licensed medical, nursing and mental health personnel like registered nurses (RN), and/or Doctors, as well as its failure to ensure the correctional of?cers, mental health staff, and nursing staff conduct timely and adequate rounds and record their observations of the inmates every 15 minutes as required by their own policies and/or procedures; Page 64 of 70 LAW OFFICES 9 OBRIEN 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHONE (586) 778-7778 182. 183. d. h. DOC 9 Filed 06/01/319 Defendants? failure to require that a nurse, doctor or mental health Professional perform a full and complete examination of a prison held in a medical observation cell, at least once per day; Defendants? failure to have proper policies and procedures, and training to deal with the potential of Macomb County and CCS employees from adopting an institutionalized ?group think? mentality in the custody and care of inmates who require unique and adequate care, such as David required in this matter; Defendants? failure to have proper policies and procedures .in place to deal with jail overcrowding in the high observation units of the facility; Defendants? failure to fully investigate and discipline its correctional of?cers and/or medical/mental health personnel who do not abide by its policies and procedures relative to providing medical care and/or mental health care for serious conditions; All other breaches learned through the course of discovery. That Defendants trained their of?cials and/or employees and agents in such a inadequate care to an inmate such as Vladimir, reckless and grossly negligent matter, that it was inevitable that the of?cials would provide such such that Defendants? employees would watch- Vlad-imir suffer indignities and pain in an unsanitary condition, suffering of seizures,all of which were, or should have been obvious to Defendants? employees and agents, and which were so obvious as to make it readily apparent to any well-trained corrections of?cers, nursing staff, medical staff, or mental health staff that David was indeed exhibiting signs seizure and infection. The failure of the Defendants to provide training and supervision regarding the Page 65 of 70 LAW OFFICES ST. CLAIR SHORES, Ml 48080 24055 JEFFERSON AVE., SUITE 2000 TELEPHON (586) 778-7778 DOC 9 Filed 06/01/320 proper care of inmates amounts to deliberate indifference to the safety and lives, and serious medical and mental health needs, of the inmates in the Macomb County Jail and particularly Vladimir. 184. Defendants CCS, MACOMB COUNTY, and WICKERSHAM are supervisory of?cials who knew, or in the exercise of reasonable care, should have known that individual prison of?cials had engaged in misconduct and other violations of the constitutional rights of prison inmates at the Macomb County Jail, more speci?cally Vladimir, as identi?ed herein. 185. Despite knowledge of its aforesaid customs, patterns and practices, the Defendants failed to properly investigate the improper practices and to supervise and train the prison of?cials at the Macomb County Jail so as to provide timely medication for continuity of care, and to provide proper and suf?cient hygiene. 186. Defendants developed a ?hands off? policy or custom with regard to the omissions of individual prison of?cials which encouraged the individual of?cials to believe they could violate the constitutional rights of Vladimir with the explicit or tacit approval of the Defendants herein. 1 87. Defendants CCS Macomb County and Wickersham, acting under color of state law, authorized, tolerated, rati?ed, permitted, or acquiesced in the creation of policies, practices, and customs, as listed above, establishing ade facto policy of deliberate indifference to Plaintiffs? constitutionally protected rights. 188. As a direct and proximate result of the above cited violations of Vladimir?s civil rights by Defendants, and as a direct and proximate result of these policies, practices, and customs, Plaintiff has sustained and is entitled to compensation for the following damages, including, but not limited to: a. Reasonable medical and hospital expenses; b. Economic costs and/ or damages (past, present and future); Page 66 of 70 LAW OFFICES ST. CLAIR SHORES, MI 48080 24055 JEFFERSON AVE., SUITE 2000 TELEPHON (586) 773-7778 DOC 9 Filed 06/01/Any and all other damages identi?ed through the course of discovery. WHEREFORE, Vladimir Stoj cevski, respectfully requests that this Honorable Court enter judgment in Plaintiff?s favor and against Defendants, for the following relief: A. . Compensatory non-economic and economic damages in excess of $75,000.00, including but not limited to all damages recoverable under the United States Constitution and] or 42 U.S.C. 1983 and/or the laws of the State of Michigan including but not limited to the Michigan Wrongful Death Act; B. Punitive damages; C. Reasonable attorney fees, costs and interest; and D. Such other and further relief as appears reasonable and just under the circumstances. ESTATE OF DAVID STOJ AND VLADIMIR STOJCEVSKI INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 189. Plaintiffs restate and re?allege the allegations contained in paragraphs 1 through 188 as though fully set forth herein. 190. Defendants refusal to give David his requested medication to address his serious medical and mental health needs, and Defendants failure to provide nursing assistance, medical treatment, mental health treatment, and sanitary care was intentional and unethical. 191. Defendants refusal to provide Vladimir a sanitary environment, as detailed above, by refusing his numerous pleas to clean himself during his incarceration, causing Vladimir all the emotional, and physical damages and injuries cited in this Complaint. 192. While David was in his holding cell suffering the obvious of benzodiazapene withdrawal, dehydration, and starvation, Defendants continued to neglect David? medical, emotional and mental health needs that would be obvious to any Page 67 of 70 LAW OFFICES IHRIE OBRIEN 24055 JEFFERSON AVE.. SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON {586) 778-7778 DOC 9 Filed 06/01/322 reasonable person monitoring David for 24 hours a day, or for any reasonable person making casual observations of David. 193. Any reasonable person would see that David needed immediate nursing, medical and/or mental health attention. 194. Defendants? actions and inactions noted herein resulted in severe and emotional distress to David while he was in his cells without an ability to assist himself, and with insuf?cient assistance from any of Defendants? employees. I 195. On June 27, 2014 David was pronounced dead, without having been allowed to have his family or friends see him one last time. 196. Defendants?, their agents, employees and representatives actions and inactions as outlined above was intentional, extreme, outrageous and of such character as not to be tolerated by a civilized society, and was for an ulterior motive or purpose. I 197. Defendants? conduct resulted in severe and serious emotional distress to: David Stoj cevski during his incarceration at Macomb County Jail, Vladimir Stoj cevski, personally, and as David?s brother and as a bystander to the suffering in?icted on David by Defendants through their conduct identi?ed above; and all other wrongful death bene?ciaries identified under the Michigan Wrongful Death Act. 198. As a direct and proximate result of Defendants? conduct, Vladimir Stojcevski, on behalf of his family member, and as Personal Representative of the Estate of David Stojcevski has and will continue to suffer injuries into the future, including but not limited to, severe mental disturbances and emotional upset for the refusal of their ability to pay their last respects to David before he died, as well as: a. Upset stomach; Page 68 of 70 OFFICES 3 IHRIE 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48080 TELEPHON (586) 778-7778 DOC 9 Filed 06/01/Headaches; 0. Insomnia; d. Nightmares; e. Crying spells; f. Physical pain and suffering; g. Illness and stress resulting in physical injury; h. Mental anguish; i. Fright and shock; j. Embarrassment, humiliation and morti?cation; k. Reasonable expenses from necessary medical care and treatment and services; and 1. . All other damages learned through the course of discovery. 199. All of the above damages have resulted in actual harm to Vladimir Stoj cevski, the Estate of David Stojcevski, and the wrongful death bene?ciaries identi?ed in the Michigan Wrongful Death Act. WHEREFORE, Vladimir Stojcevski, individually, and as Personal Representative of the Estate of David Stojcevski, Deceased, respectfully requests that this Honorable Court enter judgment in Plaintiffs? favor and against Defendants, in Whatever amount in excess of $75,000.00 they are found to be justly entitled, together with interest, costs-and attorney fees. (Signature on neat page) Page 69 of 70 IHREE LAW OFFICES 24055 JEFFERSON AVE., SUITE 2000 ST. CLAIR SHORES, Ml 48050 TELEPHON (586) DOC 9 Filed 06/01/324 Respectfully submitted, IHRIE Dated: June 1, 2015 ?r?ld A: Pei'akis (P35921) Robert D. Ihrie (P26451) Attorneys for the Plaintiffs 24055 Jefferson Avenue, Suite 2000 St. Clair Shores, Michigan 48080 (586) 778-7778 DEMAND FOR JURY TRIAL Plaintiffs respectfully request a trial by jury in the instant matter. Respectfully submitted, IHRIE Dated: June 1, 2015 By: old A. 'P?'rakis (P3 5921) Robert D. Ihrie (P26451) Attorneys for the Plaintiffs 24055 Jefferson Avenue, Suite 2000 St. Clair Shores, Michigan 48080 (586) 778-7778 Page 70 of 70