Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 1 of 15 James M. Daigle, P.C., OSB #942843 E-mail: jrndaiglelawssg.com Robert B. Coleman, OSB #001554 E-mail: rcolemanlawssg.com STEWART SOKOL & GRAY, LLC 2300 SW First Avenue, Suite 200 Portland, OR 97201-5047 Telephone: (503) 221-0699 Facsimile: (503) 223-5706 Of Attorneys for Defendants Corizon Health, Inc., Dr. Carl Keldie, Dr. Joe Pastor, Becky Pinney, Dr. Justin Montoya, Vicki Thomas, Kirstin White, Jacob Pleich, and Sharon Fagan UNITED STATES DISTRICT COURT DISTRICT OF OREGON EUGENE DIVISION DEREK JOHNSON, personal representative of KELLY CONRAD GREEN II, deceased; KELLY CONRAD GREEN and SANDY PULVER, Plaintiffs, v. No. 6:13-cv-01855-TC CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT CORIZON HEALTH, INC., a Tennessee corporation; LANE COUNTY, an Oregon county; DR. CARL KELDIE, an individual; DR. JOE PASTOR, an individual; BECKY PINNEY, an individual; DR. JUSTIN MONTOYA, an individual; VICKI THOMAS, an individual; KIRSTIN WHITE, an individual; JACOB PLEICH, an individual; SHARON FAGAN, an individual; ROB DOTSON, an individual; GUY BALCOM, an individual; DONALD BURNETTE, an individual; JOHN DOES 1-10, Defendants. Defendants Corizon Health, Inc. ("Corizon"), Dr. Carl Keldie, Dr. Joe Pastor, Becky Pinney, Dr. Justin Montoya, Vicki Thomas, Kirstin White, Jacob Pleich, and Page 1 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY LLC ATTORNEYS AT LAW 2300 SW FIRST AVENUE, SUITE 200 PORTLAND, OREGON 97201-5047 (503) 221-0699 FAX (503) 223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 2 of 15 Sharon Fagan ("Corizon defendants"), by and through their attorneys of record, Stewart Sokol & Gray LLC, hereby answer plaintiffs' Amended Complaint, as follows: 1. The Corizon defendants admit Kelly Green had a history of mental illness, was arrested on an outstanding warrant by a City of Eugene police officer, was booked in to the Lane County Jail during the evening of February 11, 2013, that Corizon contracted with Lane County, that Corizon staff were not informed of Mr. Green's presence in the jail, that Corizon staff did not medically screen Mr. Green prior to his court appearance, that Mr. Green ran headfirst into a concrete wall and fractured his neck in court, admit Mr. Green's self-inflicted injury rendered him quadriplegic, and that Mr. Green died on December 14, 2013. The Corizon defendants deny the allegations of paragraph 1 not specifically admitted above. 2. The Corizon defendants admit the allegations of paragraph 2. 3. The Corizon defendants deny the allegations of paragraph 3 for lack of sufficient information to form a belief as to the truth of the matters alleged. 4-5. The Corizon defendants admit the allegations of paragraphs 4 and 5. 6. The Corizon defendants deny that Dr. Keldie was solely responsible for the medical policies, customs, and procedures of Corizon applicable to Corizon's work at the Lane County jail, and admit the remaining allegations of paragraph 6. Page 2 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY tic ATTORNEYS AT LAW 2300 SW FIRST AVENUE, SUITE 200 PORTLAND, OREGON 97201-5047 (503) 221-0699 FAX (503) 223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 3 of 15 7. The Corizon defendants deny that Dr. Pastor was solely responsible for the mental health policies, customs, and procedures applicable to Corizon's work at the Lane County jail, deny that Dr. Pastor is a resident of the state of Tennessee, and admit the remaining allegations of paragraph 7. 8. The Corizon defendants deny that Ms. Pinney was solely responsible for the nursing policies, customs and procedures applicable to Corizon's work at the Lane County jail, and admit the remaining allegations of paragraph 8. 9. The Corizon defendants deny that Dr. Montoya is an employee of Corizon, and assert that he is an independent contractor, and admit the remaining allegations of paragraph 9. 10. The Corizon defendants deny that Ms. Thomas was the Health Services Administrator ("HSA") for Corizon for the Lane County Jail at all times pertinent, but admit that she was the HSA on the date of Mr. Green's injury, and admit the remaining allegations of paragraph 10. 11. The Corizon defendants deny that Ms. White was working in the Lane County Jail at all times pertinent, and admit the remaining allegations of paragraph 11. III I/I Page 3 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY Lic ATTORNEYS AT LAW 2300 SW FIRST AVENUE, SUITE 200 PORTLAND, OREGON 97201-5047 (503)221-0699 FAX (503) 223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 4 of 15 12. The Corizon defendants deny that Ms. Fagan was working in the Lane County Jail at all times pertinent, deny that Ms. Fagan is a resident of the State of Oregon, and admit the remaining allegations of paragraph 12. 13. The Corizon defendants deny that Mr. Pleich was working in the Lane County Jail at all times pertinent, and admit the remaining allegations of paragraph 13. 14. The Corizon defendants deny the allegations of paragraph 14 for lack of sufficient information to form a belief as to the truth of the matters alleged. 15. The Corizon defendants deny the allegations of paragraph 15 for lack of sufficient information to form a belief as to the truth of the matters alleged. 16. The Corizon defendants deny the allegations of the first sentence of paragraph 16 for lack of sufficient information to form a belief as to the truth of the matters alleged. The second sentence of paragraph 16 contains legal conclusions to which no answer is required; to the extent an answer is required, the Corizon defendants deny those allegations. 17. Admit that Lane County and Corizon entered into a contract regarding providing medical and mental health care in the Lane County Jail, which is the best evidence of its contents, and deny the remaining allegations of paragraph 17. Page 4 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY u c ATTORNEYS AT LAW 2300 SW FIRST AVENUE, SUITE 200 PORTLAND, OREGON 97201-5047 (503) 221-0699 FAX (503) 223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 5 of 15 18. The Corizon defendants admit the allegations of paragraph 18. 19. The Corizon defendants admit that Mr. Green booked in to the Lane County jail during the evening of February 11, 2013, and admit that there are booking documents, which are the best evidence of their contents, and otherwise deny the allegations of paragraph 19. 20. The Corizon defendants admit that Mr. Green was held by the County of Eugene in a solitary waiting area until he was brought by Lane County deputies and City of Eugene officers to the courtroom in the Lane County Jail the morning of February 12, 2013. Admit that plaintiff was not screened or assessed by any Corizon employee on February 11, 2013, or prior to his arraignment on February 12, 2013. The Corizon defendants deny the remaining allegations of paragraph 20. 21. The Corizon defendants deny the allegations of paragraph 21 for lack of sufficient information to form a belief as to the truth of the matters alleged. 22. The Corizon defendants admit that defendants White and Fagan responded to the courtroom after plaintiffs injury, admit no physician was summoned, admit bandages were applied, admit that Mr. Green was put in a wheelchair and removed from the courtroom with his feet dragging on the floor, deny the remaining allegations of paragraph 22. Page 5 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY uc ATTORNEYS AT LAW 2300 SW FIRST AVENUE, SUITE 200 PORTLAND. OREGDN 97201-5047 (503)221-0699 FAX (503) 223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 6 of 15 23. The Corizon defendants admit defendant White sutured Mr. Green's head in the jail medical clinic, admit no physician was summoned, admit a jail sergeant or deputy said that Mr. Green would be released within the hour, and admit that no physician examined Mr. Green before he left the medical clinic. The Corizon defendants deny that plaintiff involuntarily lost control of his bowels for lack of sufficient information to form a belief as to the truth of the matters alleged. The Corizon defendants admit that defendant White wrote entries regarding the care given to Mr. Green in his medical chart, and assert that those records are the best evidence of their contents. The Corizon defendants deny the remaining allegations of paragraph 23. 24. The Corizon defendants admit that Mr. Green was taken from the medical clinic, and deny the remaining allegations of paragraph 24 for lack of sufficient information to form a belief as to the truth of the matters alleged. 25. The Corizon defendants deny the allegations of paragraph 25 for lack of sufficient information to form a belief as to the truth of the matters alleged. 26. The Corizon defendants deny the allegations of paragraph 26 for lack of sufficient information to form a belief as to the truth of the matters alleged. 27. The Corizon defendants deny the allegations of paragraph 27 for lack of sufficient information to form a belief as to the truth of the matters alleged. Page 6 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY ac ATTORNEYS AT LAW 2300 SW FIRST AVENUE, SUITE 200 PORTLAND, OREGON 97201-5047 (503) 221-0699 FAX (503) 223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 7 of 15 28. The Corizon defendants deny the allegations of paragraph 28 for lack of sufficient information to form a belief as to the truth of the matters alleged. 29. The Corizon defendants deny the allegations of paragraph 29 for lack of sufficient information to form a belief as to the truth of the matters alleged. 30. The Corizon defendants admit that Mr. Pleich provided mental health care to Mr. Green at approximately 2:30 p.m., and admit that there is a DVD recording, with sound, of the meeting, which is the best evidence of its contents, and admit that Mr. Pleich placed a blanket over Mr. Green, and deny the remaining allegations of paragraph 30. 31. The Corizon defendants admit that deputy Correll walked to the Corizon medical clinic and spoke to Ms. Fagan, and deny the remaining allegations of paragraph 31 for lack of sufficient information to form a belief as to the truth of the matters alleged. 32. The Corizon defendants admit that Ms. Fagan and another Corizon employee examined Mr. Green in his cell at approximately 3:36 p.m., admit that no physician was contacted, and deny the remaining allegations of paragraph 32. Page 7 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY tic ATTORNEYS AT LAW 2300 SW FIRST AVENUE. SUITE 200 PORTLAND, OREGON 97201-5047 (503) 221-0699 FAX (503) 223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 8 of 15 33. The Corizon defendants admit that at approximately 3:40 p.m., Ms. White examined Mr. Green, admit that no physician was contacted, and deny the remaining allegations of paragraph 33. 34. The Corizon defendants admit Eugene Fire and EMS personnel arrived at the jail at approximately 4:49 p.m., and that they took Mr. Green from the jail cell at approximately 5:18 p.m., and deny the remaining allegations for lack of sufficient information to form a belief as to the truth of the matters alleged. 35. The Corizon defendants deny the allegations of paragraph 35 for lack of sufficient information to form a belief as to the truth of the matters alleged. 36. The Corizon defendants incorporate by reference their answers to paragraphs 1 through 35. 37. The Corizon defendants deny the allegations of paragraph 37 directed at Corizon and/or the individual Corizon defendants, and deny the allegations of paragraph 37 directed at the John Doe defendants for lack of sufficient information to form a belief as to the truth of the matters alleged. 38. The Corizon defendants deny the allegations of paragraph 38. /// Page 8 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY ac ATTORNEYS AT LAW 2300 SW FIRST AVENUE, SUITE 200 PORTLAND, OREGON 97201-5047 (503) 221 0699 FAX (503) 223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 9 of 15 39. The Corizon defendants deny the allegations of paragraph 39 directed at them, and deny the allegations of paragraph 39 directed at others for lack of sufficient information to form a belief as to the truth of the matters alleged. 40. The Corizon defendants deny the allegations of paragraph 40. 41. The Corizon defendants deny the allegations of paragraph 41 directed at them, and deny the allegations of paragraph 39 directed at others for lack of sufficient information to form a belief as to the truth of the matters alleged. 42. The Corizon defendants deny the allegations of paragraph 42. 43. The Corizon defendants incorporate by reference their answers to paragraphs 1 through 35 and 37 through 39. 44-48. The Corizon defendants deny the allegations of paragraph 44 through 48 directed at them, and deny the allegations of those paragraphs directed at others for lack of sufficient information to form a belief as to the truth of the matters alleged. 49. The Corizon defendants incorporate by reference their answers to paragraphs 1 though 35 and 44. 1H Page 9 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY ric ATTORNEYS AT LAW 2300 SW FIRST AVENUE, SUITE 200 PORTLAND, OREGON 97201-5047 (503) 221-0699 FAX (503) 223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 10 of 15 50-55. The Corizon defendants deny the allegations of paragraphs 50 through 55 directed at them, and deny the allegations of those paragraphs directed at others for lack of sufficient information to form a belief as to the truth of the matters alleged. 56. The Corizon defendants incorporate by reference the allegations of paragraphs 1 through 35. 57-63. The Corizon defendants deny the allegations of paragraphs 57 through 63 directed at them, and deny the allegations of those paragraphs directed at others for lack of sufficient information to form a belief as to the truth of the matters alleged. 64. The Corizon defendants admit that timely notice was given to them by plaintiff. The allegation regarding whether plaintiff must give notice to Corizon is a conclusion of law to which no answer is required. To the extent an answer is required, Corizon denies that allegation of paragraph 64. The Corizon defendants deny the allegations of paragraph 64 directed to other defendants for lack of sufficient information to form a belief as to the truth of the matters alleged. 65. The Corizon defendants incorporate by reference their answers to paragraphs 1 through 35. /// /// Page 10 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY uc ATTORNEYS AT LAW 2300 SW FIRST AVENUE. SUITE 200 PORTLAND, OREGON 97201-5047 (503) 221-0699 FAX (503) 223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 11 of 15 66-68. The Corizon defendants deny the allegations of paragraphs 66 through 68. 69. The Corizon defendants admit that it received timely notice of plaintiffs claim. The remaining allegations of paragraph 69 are conclusions of law for which no answer is required. To the extent an answer is required, the Corizon defendants deny those allegations of paragraph 69. 70. The Corizon defendants incorporate by reference their answers to paragraphs 1 through 35 and 37 through 39. 71-73. The Corizon defendants deny the allegations of paragraphs 71 through 73 that are directed towards them, and deny the remaining allegations of paragraphs 71 through 73 for lack of sufficient information to form a belief as to the truth of the matters alleged. 74. The Corizon defendants incorporate by reference their answers to paragraphs 1 through 35, 37 through 39, and 44 through 45. 75-77. The Corizon defendants deny the allegations of paragraphs 75 through 77 that are directed towards them, and deny the remaining allegations of paragraphs 75 through 77 for lack of sufficient information to form a belief as to the truth of the matters alleged. Page 11 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY ac ATTORNEYS AT LAW 2300 SW FIRST AVENUE, SUITE 200 PORTLAND, OREGON 97201-5047 (503) 221-0699 FAX (503) 223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 12 of 15 78. The Corizon defendants incorporate by reference their answers to paragraphs 1 through 35, 44, and 50 through 52. 79-81. The Corizon defendants deny the allegations of paragraphs 79 through 81 that are directed towards them, and deny the remaining allegations of paragraphs 79 through 81 for lack of sufficient information to form a belief as to the truth of the matters alleged. 82. The Corizon defendants incorporate by reference their answers to paragraphs 1 through 35 and 57 through 62. 83. The Corizon defendants deny the allegations of paragraph 83. 84. The Corizon defendants admit that notice was given to Corizon within the time required by the Oregon Tort Claims Act, and deny the remaining allegations of paragraph 84. 85. The Corizon defendants incorporate by reference their answers to paragraphs 1 through 35 and 66. 86-87. The Corizon defendants deny the allegations of paragraphs 86 and 87. /// Page 12 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY ac ATTORNEYS AT LAW 2300 SW FIRST AVENUE,SUITE 200 PORTIAND. OREGON 97201-5047 (503) 221 0699 FAX (503) 223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 13 of 15 88. The Corizon defendants admit that notice was given to Corizon within the time required by the Oregon Tort Claims Act, and deny the remaining allegations of paragraph 88. FIRST AFFIRMATIVE DEFENSE (Failure To State A Claim) 89. Plaintiffs' claims, or some of them, fail to state a claim upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE (Contributory I Comparative Negligence) 90. Plaintiff Kelly Green's own conduct entirely caused or substantially contributed to his injuries. III III III Page 13 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY ac ATTORNEYS AT LAW 2300 SW FIRST AVENUE, SUITE 200 PORTLAND, OREGON 97201-5047 (503) 221-0699 FAX (503)223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 14 of 15 THIRD AFFIRMATIVE DEFENSE (Qualified Immunity) 91. Defendants did not deprive plaintiffs of any clearly established federal statutory or constitutional right of which a reasonable person would have known. DATED this 14th day of March, 2014. STEWART SOKOL & GRAY, LLC By: /s/ Robert B. Coleman James M. Daigle, P.C., OSB #942843 E-mail: jmdaiglelawssg.com Robert B. Coleman, OSB #001554 E-mail: rcolemanaJawssg.com 2300 SW First Avenue, Suite 200 Portland, OR 97201-5047 Telephone: (503) 221-0699 Facsimile: (503) 223-5706 Of Attorneys for Defendants Corizon Health, Inc., Dr. Carl Keldie, Dr. Joe Pastor, Becky Pinney, Dr. Justin Montoya, Vicki Thomas, Kirstin White, Jacob Pleich, and Sharon Fagan MAwdocs\ssgmain\1238\1238.038\PLEAD\01045337.WPD Page 14 - CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT STEWART SOKOL & GRAY Lic ATTORNEYS AT LAW 2300 SW FIRST AVENUE, SUITE ND PORTLAND, OREGON 97201-5047 (503)221-0699 FAX (503) 223-5706 Case 6:13-cv-01855-TC Document 31 Filed 03/14/14 Page 15 of 15 CERTIFICATE OF SERVICE I hereby certify that I served the foregoing CORIZON DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT on: Elden M. Rosenthal, OSB #722174 John T. Devlin, OSB #042690 Rosenthal Greene & Devlin, P.C. 121 SW Salmon Street, Suite 1090 Portland, OR 97204 Phone: (503) 228-3015 E-mail: eldenrgdpdx.com E-mail: johnrdapdx.com Fax: (503) 228-3269 Of Attorneys for Plaintiffs ✓ Sebastian Newton-Tapia, OSB #043761 Office of Legal Counsel Lane County Courthouse 125 E. 8th Avenue Eugene, OR 97401 Phone: (541) 682-3728 Fax: (541) 682-3803 E-mail: sebastian.newton-tapia2(co.lane.or.us Of Attorneys for Defendants Rob Dotson, Guy Balcom and Donald Burnette by E-filing a full, true and correct copy thereof to the attorney, as shown above, at the electronic mail address reflected on the court's CM/ECF system, on the date set forth below. DATED this 14th day of March, 2014. STEWART SOKOL & GRAY, LLC By: /s/ Robert B. Coleman Robert B. Coleman, OSB #001554 E-mail: rcolemaralawssp.com Of Attorneys for Defendants Corizon Health, Inc., Dr. Car/ Keldie, Dr. Joe Pastor, Becky Pinney, Dr. Justin Montoya, Vicki Thomas, Kirstin White, Jacob Pleich, and Sharon Fagan CERTIFICATE OF SERVICE STEWART SOKOL & GRAY LLc ATTORNEYS AT LAW 2300SW FIRST AN, [NIT SUfTE 200 PORTLAND. OREGON 97201.5047 (503) 221 0699 FAX (503) 223-5706