COMMONWEALTH OF MASSACHUSETTS BRISTOL, SS. TRIAL COURT OF MASSACHUSETTS SUPERIOR COURT DIVISION CIVIL ACTION NO.: 1%CNoo\%q BARBARA A. KICE Individually and as Special Personal Representative of the Estate of Brandon St. Pierre Plaintiff, Docket No.: {33% VS. SHERIFF THOMAS M. HODGSON, Individually and as Sheriff of Bristol County, Massachusetts and BRISTOL. SS SUPERIOR COURT FILED DYLAN BEDARD, Individually and as Corrections Of?cer FEB 2 1 2018 at the Bristol County House of Corrections - MARC SANTOS. ESQ. and JOHN AND JANE Defendants COMPLAINT A UR EM INTRODUCTION This civil rights claim arises out of the wrongful death of Brandon St. Pierre by suicide while in custody of the Bristol County Sheriffs Of?ce at Bristol County House of Corrections at Dartmouth on May 6, 2015. The Defendants, employees of the Bristol County House of Corrections and Bristol County Sheriff? 5 Department, exhibited deliberate indifference to obvious risks and obvious threats to Mr. St. Pierre?s health, safety, well-being and life which resulted in his tragic and preventable death. PARTIES l. FACTS Plaintiff Barbara Kice brings this action as Special Personal Representative of the estate of Brandon St. Pierre (?St Pierre?). She is the mother of Mr. St. Pierre. Mr. St. Pierre died on May 06, 2015 while in.the custody of the Bristol County House of Correction in Dartmouth, Massachusetts. He was thirty?two years old. The Bristol County House of Corrections is a jail operated by Bristol County Sheriff?s Of?ce. . At all times pertinent hereto, Defendant Dylan Bedard was a correctional officer at The Bristol County House of Corrections acting under the color of law as an employee of the Bristol County Sheriff?s Office. He was, in part, responsible for overseeing Mr. St. Pierre?s health and well-being and making sure that Mr. St. Pierre?s medical and mental health needs were met. Bedard is sued in his individual capacity as well as his of?cial capacity. The. Defendant, Thomas Hodgson is the Shefi?ff for Bristol County Massachusetts at" all times pertinent hereto acting under color of law for the Commonwealth of Massachusetts. He was and is responsible for overseeing Mr. St. Pierre?s health and well-being and making sure that Mr. St. Pierre?s medical and mental health needs were met and for creating, adopting, approving, ratifying, implementing and enforcing the rules, policies, protocols, practices, procedures, and customs that violated Mr. St. Pierre?s rights as outlined in this complaint. Thomas Hodgson is also sued in his individual capacity and his of?cial capacity. The Defendants John and Jane Doe(s) are deputy sheriffs working for the Bristol County Sheriff" 5 Of?ce The identity of these defendants can only be ascertained through discovery. At all times relevant, the defendant deputy sheriffs were acting under the color of law as employees of the Commonwealth of Massachusetts. They were and are responsible for overseeing Mr. St. Pierre?s health and well-being and making sure that Mr. St. Pierre?s medical and mental health needs were met and for creating, adopting, approving, ratifying, implementing and enforcing the rules, policies, protocols, practices, procedures, and customs that violated Mr. St. Pierre?s rights as outlined in this complaint. They were and are responsible for training and supervising its emplyoees. The unidenti?ed sheriffs are also sued in their individual capacities. 10. 11. 3.12. 13. The following facts are drawn from Massachusetts State Police ACISS REPORT 2015-104-245 and certain documents from Attleboro District Court. Mr. St. Pierre arrived at Bristol County House of Corrections on or about April 21, 2015. He was held as a pre-trial detainee. At the time he was thirty-two years old. On or about May 5, 2015, a hearing was conducted to determine whether or not Mr. St. Pierre was competent to stand trial. Pursuant to MGL Ch. 123 sec. 15(a), Mr. St. Pierre was interviewed for twenty minutes at Attleboro District Court by Dr. Arthur Pearson on or about May 5, 2015. During the interview with Dr. Pearson, Mr St. Pierre told the doctor that he intended to commit suicide if he was not removed from the Bristol County House of Corrections and sent to Bridgewater State Hospital. During this same interview, Mr. St. Pierre also stated that he had thought about various ways he would kill himself in the jail but declined to state what they were. Dr. Pearson, in his written report, stated that he; believed that Mr. St. Harm?s?: ?thoughts of killing himself are sincere and should be taken seriously.? Moments after the interview, Dr. Pearson testi?ed before the Honorable Justice Daniel O?Shea. 14. Dr. Pearson relayed to the Judge his concerns regarding Mr. St. Pierre?s suicidal 15. 16. 17. 18. state ofrmind. Judge O?Shea ordered, based on the Doctor?s testimony, that the Mittimus that would accompany Mr. St. Pierre back to the Bristol County House of Corrections include an order of the Court to the jail that Mr. St. Pierre be designated Judge O?Shea?s order was carried out as the Mittirnus dated May 5, 2015 did indeed include an order of the Court with the designation Q5. As of May 5, 2015, the of?cials, corrections of?cers, medical personal, all other pertinent and relevant employees of the Bristol County House of Corrections as well as Sheriff Hodgson were aware of and understood the fact that Q5 means that the inmate is suicidal. In dealing with an individual who is suicidal, Sheriff Hodgson and the employees of the Bristol County House of Corrections have a particular set of standard 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. protocols and procedures that they must follow in order to protect the life and safety of that individual. Regarding St. Pierre, tragically no such protocol was adhered to and, instead were deliberately ignored. On or about May 6, 2015, Mr. St. Pierre was placed alone in a cell in the segregation unit. The segregation unit consists of 16 one man cells all of which were occupied at on May 6,2015. Mr. St. Pierre occupied cell M3. Rather than continuous eye-ball surveillance, St. Pierre was only checked 0n once every thirty minutes by corrections officer Dylan Bedard. No steps were taken to make Cell M3 suicide proof as Cell M3 contained a bed sheet. At approximately 4:00 pm, Of?cer Bedard observed Mr. St. Pierre hanging by his bed sheet by the ?'ont window of his cell. Ori May 6, the morning- hours; a motion. was allowed in Attleboro- District Court to remove Mr. St. Pierre to MCI Shirley for ?safety reasons.? The clerk?s of?ce of the Attleboro District 'Court faxed a new mittimus to the Bristol County House of Corrections suggesting that Mr. St. Pierre be removed to MCI Shirley for safety reasons and this new Mittimus, like the mittimus sent the previous day, also stated, as an order of the court, designation. The mittimus faxed on May 6, 2015, like the mittimus sent the previous day, did not result in anyone at the Bristol County House of Corrections taking any steps or precautions whatsoever in order to protect St. Pierre?s life. Mr. St. Pierre died by hanging on May 6, 2015 while in the custody of the Bristol County House of Corrections, while alone in a one man cell in the segregation unit. Claims Plaintiff Barbara Kice restates and realleges paragraphs 1-29 as if fully set forth herein and, based on the facts stated, asserts the following causes of action: COUNT I 229, ZIMASSACHUSETTS TORT CLAIMS ACT 258 AGAINST DEFENDANT BRISTOL COUNTY OFFICE 31. By its policies, practices, actions and inactions, including by failing to properly care for and monitor Brandon St. Pierre, Defendant Bristol County Sheriff?s Of?ce violated its duty of care, causing him conscious pain and suffering, and death. 32. Plaintiff che, 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 229, 2 AGAINST DEFENDANT DYLAN BEDARD 33. By his actions and inactions, including by failing to properly care for and monitor Brandon St. Pierre, Defendant Dyland Bedard violated his duty of care, causing him conscious pain and suffering, and death. 34. Plaintiff Kice, 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 DEATH 229, 2 AGAINST DEFENDANT JOHN AND JANE DOE 35. By his or her actions and inactions, including by failing to properly care for and monitor Brandon St. Pierre, Defendant John and/or Jane Doe violated his and/or hers duty of care, causing him conscious pain and suffering, and death. 36. Plaintiff Kice, 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 IV CONSCIOUS PAIN AND SUFFERING- 229, 6 AGAINST DEFENDANTS BRISTOL COUNTY OFFICE, DYLAND BEDARD AND JOHN AND JANE . DOE 37. Plaintiff Kice, by virtue of Defendants? negligence, may recover for the conscious pain and suffering of Brandon St. Pierre between the time of injury by strangulation and the time of death. COUNT 42 U.S.C 1983 DEFENDANT BRISTOL COUNTY SHERIFF HODGSON 38. Defendant Thomas Hodgson acted with deliberate indifferenc'e?to Brandon St. Pierre?s serious and obvious need for emergency medical attention by failing to take any measures, steps or precautions to prevent or otherwise mitigate the risk of his suicide even though he knew that St. Pierre was suicidal and that the First Justice of the Attleboro District Court had ordered the Bristol County House of Corrections to designate St. Pierre Q5 on both May 5, 2015 and again on May 6, 2015. Hence, Defendant violated Mr. Pierre?s rights under the Fourteenth Amendment to the U.S. Constitution, as secured by 42 U.S.C 1983. COUNT VI 42 U.S.C 1983 AGAINST DEFENDANTS DYLAN BEDARD AND JOHN AND JANE DOE 39. Defendant Dylan Bedard, John and Jane Does acted with deliberate indifference to Brandon St. Pierre?s serious and obvious need for emergency medical attention, protection and due care by failing to check a suicidal inmate at a frequency and in a manner that he was required to perform. Hence, Defendants violated Mr. Pierre?s rights under the Fourteenth Amendment to the US. Constitution, as secured by 42 U.S.C 1983. WHEREF ORE, the Plaintiff requests this Honorable Court to grant the following relief: a. Compensatory damages in the greatest amount supported by the law and evidence; b. Special Punitive or exemplary damages to the ?illest extent allowed by law including but not limited to all such damages for which the Plaintiff is eligible pursuant to 42 USC sec. 1983 and MGL 12 sec. 11(1); c. Interest, costs, and attorney?s fees including? but not limited to all such fees and expenses for which the Plaintiff is eligible pursuant to 42 USC sec. 1983 and MGL 12 sec. 11(1); (1. Such further relief as the court considers just and proper. Jury Trial Demand Defendants hereby claim a trial by jury on all issues so triable." . - - . Respectfully Submitted, The Plaintiff, By her Attorneys, Nicolas A. Gordon BBO 657987 Amit Singh BBO 676564 Casey J. Lee BBO 679860 228 County Street Attleboro, MA 02703 Tel. No.: (774)- 254?4411 singhlaw4u(?outlooknnm casey?r?cilfi rm com