MENTAL HEALTH LEGAL ADVISORS COMMITTEE @1112 nf??azaathuae?a ?upreme Euhi?al @Inurf 24 SCHOOL STREET 8m FLOOR BOSTON, MASSACHUSETTS 02108 TEL: (617) 338?2345 PHILLIP KASSEL FAX: (617) 338?2347 EXECUTIVE DIRECTOR mhlaC . org July 24,2017 Marc J. Santos Clerk of Courts Bristol County Superior Court 9 Court Street Taunton, MA 02780 Re: Taylor V. Hodgson et (11., Civil Action No. 1673CV000951 -- Second Amended Complaint Dear Clerk Santos: Enclosed for ?ling please ?nd Plaintiff Motion for Leave to File Second Amended Complaint and Plaintiff 5 Second Amended Complaint in the above-captioned matter. I am informed that the attorneys for the defendants do not intend to oppose this motion. Thank you for your consideration. (617) 338-2345 123 cc: Nicholas Ogden, Esq. Jennifer A. Rymarski, Esq. Jennifer Sullivan, Assistant Clerk, 441 County Street, 1St ?oor, New Bedford, MA 02740 COMMONWEALTH OF MASSACHUSETTS BRISTOL, ss. SUPERIOR COURT CIVIL ACTION NO. 1673CV000951 DEBORAH TAYLOR, Administrator of the Estate of Aaron Brito, Plaintiff V. SHERIFF THOMAS M. HODGSON, BRISTOL COUNTY DEPARTMENT, NICOLAS RENCRICCA, MD. and CORRECTIONAL SERVICES, INC., Defendants. MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Pursuant to Mass. P. 15(a), Plaintiff requests leave to ?le a Second Amended Complaint. The complaint is amended in light of incident reports obtained from the Bristol County Sheriff?s Of?ce regarding the incident that is the subject of this action, which were released on July 19 by Virtue of this Court?s recent Order, Dated: July 24, 2017 BBO 559251\ (617) 338-2345 125 ihonig@mhlac.org Phillip Kassel Executive Director BBO 555845 Mental Health Legal Advisors Committee 24 School Street Boston, MA 02108 (617) 338-2345 123 pkassel@mhlac.org Certi?cate of Service I hereby certify that a true copy of the above document was served upon the below-named attorneys of record by ?rst class mail to Nicholas Ogden, Esq. and to Jennifer Rymarski, Esq. on July 24, 2017 at the addresses indicated. Chetan Tiwari For Defendants BCSO and Sheriff Hodgson: Nicholas A. Ogden, Assistant Attorney General Government Bureau/Trial Division One Ashburton Place 18th Floor Boston, MA 02108 For Defendants Correctional Services, Inc. and Dr. Rencricca: Jennifer A. Rymarski, Morrison Mahoney LLP Tower Square 1500 Main St, Suite 2400 PO Box 15387 Spring?eld, MA 01 1 15-53 87 COMMONWEALTH OF MASSACHUSETTS BRISTOL, ss. SUPERIOR COURT CIVIL ACTION NO. 1673CV000951 DEBORAH TAYLOR, Administrator of the Estate of Aaron Brito, Plaintiff V. BRISTOL COUNTY DEPARTMENT and CORRECTIONAL SERVICES, INC., Defendants. SECOND AMENDED COMPLAINT Introduction Aaron Brito committed suicide by hanging in his cell at Bristol County House of Correction (HOC) on October 11, 2013, after spending one night at the facility. Responsible of?cials at Bristol County HOC, including the Defendants, failed to properly monitor and treat Mr. Brito upon entrance into the HOC and allowed him to hang himself by negligently failing to monitor and treat him while he was in their custody. PM 1. Plaintiff Deborah Taylor is administrator of the estate of Aaron Brito. She is Mr. Brito?s mother. Her address is 117 Reed Street, New Bedford, MA 02740. 2. Defendant Bristol County Sheriff Department is an agency of the Commonwealth, charged with the care, custody and control of all prisoners committed to the Bristol County Jail or House of Correction. Defendant?s business address is 400 Faunce Corner Road, North Dartmouth, MA 02747. 3. Defendant Correctional Services (CPS) is a privately owned company. At all relevant times, CPS conducted business in Massachusetts as the contractual medical and mental health service provider for the Bristol County HOC. As the medical and mental health contractor, CPS was responsible for providing adequate medical and mental health care to all prisoners in the Bristol County HOC, including Mr. Brito. Medical and mental health staff on the Bristol County HOC housing units are employees of CPS. address is 400 Faunce Comer Road, North Dartmouth, MA 02747 or 35 Braintree Hill Park Braintree, MA 02184. 4. Mr. Brito was 31 years old at the time of his death. He worked as a landscaper at University of Massachusetts, Dartmouth between 2007 and 2013. Mr. Brito had a history of depression. In recent months prior to his arrest, he had become addicted to heroin after being prescribed Percocet for pain due to a back injury. Mr. Brito was a devoted family man and father who loved music and cooking. Most of all he loved his only daughter, Jayliana, of whom he had had physical custody of since she was four years old. ayliana was thirteen at the time of his passing and is devastated by the loss of her loving and supportive father. 5. Mr. Brito entered the Bristol County HOC on October 10, 2013 after being arrested in New Bedford. He had previously been arrested and con?ned to Bristol County Sherist Of?ce facilities. 6. At 3:50 pm. that day, LPN Sara Maltais screened Mr. Brito for medical issues. She asked about his use of alcohol and drugs. Brito said he drank one pint of whisky daily for the previous six months. He also said he was using two grams of heroin daily and 300 mg of Percocet weekly for the previous year. 7. Bristol County Sheriff?s Of?ce General Inmate Medical Procedures 12.02.12B states that inmates who, in their initial health screening, demonstrate potential for addiction or withdrawal should be placed in the Health Service Unit (HSU). The procedure requires that incoming prisoners who present with ?signi?cant? potential for substance dependency and thus withdrawal be housed in the jail Health Services Unit and ?kept under constant observation by quali?ed professionals.? In the HSU, they are to receive evaluation, treatment and referral. 8. The HSU is a unit where most inmates are held and sleep in a common space, except for a small number of inmates who, by virtue of their critical needs, are held in cells with open doors. Clinical staff persons are constantly present and available to observe patients. 9. On October 10?, LPN Maltais documented in Mr. Brito?s medical records that he 9? was experiencing ?nausea and ?achiness. Despite Mr. Brito?s self-report of serious alcohol abuse, Ms. Maltais ordered ?Narc detox only? and wrote a ?Physician?s Order? for protocols to be implemented. The Physician?s Order reads: ?Protocols, Dr. Rencricca.? 10. There is no evidence in the record that Mr. Brito was administered any clinical tools recommended for individuals undergoing detoxi?cation, such as the (for alcohol withdrawal). 11. Mr. Brito was not afforded the protocol for alcohol detox, a failure which poses the risk of serious medical harm. This decision also placed Mr. Brito as greater risk for self- harm. 12. On the same day, Maltais and ANP Anne Molloy also completed a second ?Physician?s Order,? listing speci?c treatments. The order called for Mr. Brito to have his vital signs checked ?every 8 hours while on for seven days, beginning October 11, 2013. 13. Mr. Brito?s order further requires administration of PRN (as needed) medications and Clonidine for ?ve days. The reasons for each PRN prescription (abdominal cramps, vomiting, muscle issues/ and diarrhea) are noted. 14. All these treatments were ordered to begin on October 11, 2013; there is no explanation as to why the start date was delayed until the day following admission and screening 15. On October 10th, Mr. Brito?s was placed in general population. At 5:45 pm. he was assigned to cell G3 on the HB unit. He was alone in his cell. 16. At 9:24 pm, Ms. Maltais documented that the intake and detox were reviewed by Anne Malloy NP. No new orders were issued. 17. Mr. Brito spent the night in cell G3. His housing unit was not changed to the HSU on the morning of October 11 or ever. 18. There is no indication in Mr. Brito?s treatment administration record that the order to transfer to the HSU and check Vital signs was implemented on October 11, 2013 or that Mr. Brito?s vital signs were checked every eight hours. 19. Mr. Brito received PRN (?as needed?) medication and Clonidine on the morning of October 11th. There is no documentation of why the PRNs were ordered, or of any timely reassessment of the patient after the administration of the PRN, as would be required by the standard of care were Mr. Brito to have been housed on the HSU. 20. On October 11th? at 9:23 am, Mr. Brito had a detox assessment at ?medical? by LPN Nicole Hallahan. Hallahan documented that Mr. Brito reported to her that he had intermittent diarrhea and ?vomiting 2? the previous night, as well as trouble sleeping. 21. According to the State Police Detective Unit Bristol County report, Mr. Brito returned from ?medical? at 9:28 am. and was not seen again until a 12:00 noon check by a correctional of?cer. According to the same State Police report and CO Christopher Brasells account, he was next observed, hanging and unresponsive, at 1314 (1 :14 PM). Effortsto revive Brito failed. The State Police documented that Mr. Brito hung himself with sheets that were wrapped around and tied to bunk bed posts emerging from the top of the upper bed at its corners. These posts were serving no discernable legitimate purpose. 22. Photographs accompanying the State Police report document a book, oddly and visibly wedged between the bed post and the wall, likely placed in some way to ensure that the suicide would proceed as planned. 23. Defendant Hodgson later con?rmed to the media that Mr. Brito was in a cell by himself and that he was not on suicide watch when he died. 24. The failure to adequately treat and monitor Mr. Brito, including the failure to abide by Bristol County HOC policy governing the management of withdrawal and detoxi?cation from chemical dependency, resulted in his death. 25. Defendants should have known that Mr. Brito was at an increased risk of suicide in light of the fact that he was addicted to alcohol, heroin and Percocet. 26. Prior to Mr. Brito?s suicide, there had been two other suicides in 2013 at Bristol County House of Corrections facilities. Including Mr. Bn'to, there had been a total of seven suicides since 2009 at either the Dartmouth House of Correction or the Ash Street Jail. Suicides occur at the Bristol County HOC at the highest rate of any state or county-run correctional facility in the Commonwealth by a signi?cant margin. 27. Without reference to data, Sheriff Hodgson has publicly attributed the high number of deaths in his facilities to the high level of drug addiction and mental illness in his region. 28. He has also stated publicly that housing inmates together in individual cells can prevent suicides. 29. Prior to Mr. Brito?s death, Plaintiff attempted to inform the Bristol County HOC staff of his precarious condition, but was unable to reach anyone. Because of her concern, Plaintiff traveled to the HOC on October 11th. 30. Plaintiff arrived as approximately 1:00 pm. on the 11th . At 1:30 pm, she noticed two ambulances speeding in, entering the gate and proceeding to the back of the HOC. She hoped that the ambulances were not there for her son, but they were. Plaintiff was not told that her son had committed suicide. She was denied a visit and returned home. 31. Some time after 3 pm, Plaintiff received a phone call from a female who identified herself as a Bristol County HOC staff person, who told her, very brie?y, that her son ?was dead,? that she should contact St. Luke?s Hospital for more information. A Bristol County Sheriff?s Of?ce Incident Report completed by Director of Medical Services Judith A. Borges records that, in a telephone conversation at 3:18 Ms. Borges informed Debra Taylor of her son?s death. and that Ms. Taylor ?became hysterical asking me what had happened.? 32. Plaintiff made repeated requests to Defendant Hodgson to turn over information regarding the death of her son. On August 10, 2015, Plaintiff, as administrator of her son?s estate, requested documents from Hodgson. She received no response. 33. On September 22, 2015, Plaintiff asked the Supervisor of Public Records for the Commonwealth to require Defendants to respond to her August 2015 request. 34. On June 8, 2016, Prisoner Legal Services sent Sheriff Hodgson a record?s request citing applicable state law and seeking various records regarding Mr. Brito?s stay and suicide, including any records of any investigation or review of the conduct of BHOC and CPS staff leading up to the suicide. 35. Bristol County HOC provided certain, but not all, of the requested records, by letter dated September 23, 2016. Requests for the missing records, including any documents that related to any investigation of the suicide, went out to Defendant Bristol County HOC on September 27 and October 3, 2016. 36. On October 6, 2016, the advocate received an email from the Bristol County HOC saying that they already provided all the documents they were willing to disclose, and that others not provided were exempt from disclosure. 37. The only relevant documents that were provided to Plaintiff prior to initiating her lawsuit are the nineteen pages of the Bristol County HOC medical records, some of which are duplicates. Defendants refused to turn over unit logs, incident reports from the of?cers who found Aaron hanging or others, videotapes or photos of the scene of Aaron's death, or any investigation or mortality review. This was true despite the existence of, as documented in the State Police Report, numerous Incident Report Forms completed by Bristol County and CPS staff, each of whom had personal knowledge regarding Mr. Brito?s suicide. The Bristol County Sheriff? 5 Of?ce has since, pursuant to a discovery request and court order, turned over the Incident Report Forms, but has not provided the other types of records. 38. Her son?s death has caused Plaintiff signi?cant and irreparable emotional distress. Plaintiff is haunted by the thought of her son dying alone, in crisis, and suffering from withdrawal. She has been unable to ?nd a sense of closure because she does not know what happened to her son other than that he hung himself. 39. On October 1, 2015, Plaintiff ?led a presentment letter with Defendant Hodgson and Attorney General Maura Healy seeking $100,000 for the negligence leading to Mr. Brito?s death by suicide. Pursuant to G.L. c. 258, 4, Plaintiff waited at least six months before ?ling her original complaint, dated October 7, 2016. QELLHE 40. Plaintiff Deborah Taylor restates and re?alleges paragraphs 1- 39 as if fully set forth herein and, based on the facts stated, asserts the following causes of action: COUNT I EGLIGEN DEATH G.L. c. 229, 2 6/ MASSACHUSETTS TORT CLAIMS ACT -- G.L. c. 258 AGAINST DEFENDANT BRISTOL COUNTY OFFICE 41. By its policies, practices, actions and inactions, including its failure to comply with BCSO General Inmate Medical Procedures which dictated placement in the BSCO HSU and otherwise failing to properly care for and monitor Aaron Brito, Defendant Bristol County Sheriff Of?ce violated its duty of care, causing him conscious pain and suffering, and death. 42. Plaintiff Taylor, by virtue of Defendant?s negligence, is deprived of the companionship and assistance she would otherwise have received, and also incurred expenses attributable to his death. COUNT II DEATH -- G.L. c. 229, 2 6 AGAINST DEFENDANT CPS 43. By its policies, practices, actions and inactions, including its failure to comply with BCSO General Inmate Medical Procedures requiring placement in the BSCO HSU and otherwise failing to properly care for and monitor Aaron Brito, Defendant CPS violated the standard of care, causing him conscious pain and suffering, and death. 44. Plaintiff Taylor, by virtue of Defendant?s negligence, is deprived of the companionship and assistance she would otherwise have received, and also incurred expenses attributable to his death. Prayers for Relief 45. WHEREFORE, Plaintiff prays that this Court: a. An award covering expenses incurred by Plaintiff; b. An award of compensatory and punitive damages; c. Such other and further relief as this Court considers just and proper. Dated: July 24, 2017 bmi?d, ,1 Senior Attofiiey BBO 559251 (617) 338-2345 125 ihonig@mhlac.org Phillip Kassel Executive Director BBO 555845 Mental Health Legal Advisors Committee 24 School Street Boston, MA 02108 (617) 338-2345 123 pkassel@mhlac.org Certificate of Service I hereby certify that a true copy of the above document was served upon the below-named attorneys of record by ?rst class mail to Nicholas Ogden, Esq. and Jennifer Rymarski, Esq. on July 24, 2017 at the addresses indicated. Chetan Tiwari For Defendants Bristol County Sheriff?s Of?ce and Sheriff Hodgson: Nicholas A. Ogden, Esq. Assistant Attorney General Government Bureau/Trial Division One Ashburton Place, 18th ?oor Boston, MA 02108 For Defendants Correctional Services, Inc. and Dr. Rencricca: Jennifer A. Rymarski, Esq. Morrison Mahoney LLP Tower Square 1500 Main St., Suite 2400 PO. Box 15387 Spring?eld, MA 01115-5387 10