UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

WILLIAM H. SHEHADI, JR.,
A CONSERVED PERSON, BY AND
THROUGH THE CONSERVATOR OF
HIS ESTATE, ALBERT B. SHEHADI,

:
:
:
:
:
Plaintiff,
:
v.
:
:
MARK CUSSON, MICHAEL PRESNICK,
:
CARL BENJAMIN, WILLIE BETHEA, LANCE :
CAMBY, CLAYTON DAVIS, GREG
:
GIANTONIO, BRUCE HOLT, ROBERT
:
LARNED, ROBERT MARTINEAU, PATRICK :
O’BRIEN, AND SETH QUIDER,
:
:
Defendants.
:

CIVIL NO.

MARCH 1, 2018

COMPLAINT AND JURY DEMAND

JURISDICTION
1.

This case is brought pursuant to 42 U.S.C. § 1983 and state common law.

Jurisdiction is based upon 28 U.S.C. §§ 1331 and 1343. Supplemental jurisdiction over
the state law claims is conferred by 28 U.S.C. § 1367.
VENUE
2.

Venue is based upon 28 U.S.C. § 1391(b)(2). All of the acts and

omissions giving rise to the claims herein arose in the District of Connecticut.

 PARTIES
3.

WILLIAM (BILL) H. SHEHADI, JR., is a citizen of the United States and

the State of Connecticut. In 1995, the Connecticut Superior Court acquitted MR.
SHEHADI of criminal charges due to his severe mental illness, and committed him to
the jurisdiction of the Psychiatric Security Review Board of The Connecticut Department
of Mental Health and Addiction Services (DMHAS), pursuant to Conn. Gen. Stat. § 17a582(e)(1). He is originally a resident of Greenwich, Connecticut, but has been
involuntarily confined since his acquittal at a facility in Middletown, Connecticut, known
variously as the Whiting Forensic Division of Connecticut Valley Hospital or the Whiting
Forensic Hospital, a maximum security psychiatric hospital operated, controlled and
supervised by the State of Connecticut and DMHAS (Whiting).
4.

Plaintiff ALBERT B. SHEHADI, BILL SHEHADI’s brother, is the

conservator of BILL’s estate and the co-conservator of his person. The Probate Court
Appointment of Conservator is attached hereto. ALBERT SHEHADI is a citizen of the
United States and the State of Connecticut.
5.

KAREN KANGAS is the co-conservator of BILL’s person, and has been

his friend and advocate for more than 30 years. She supports and agrees with the filing
of this Complaint.
6.

At all relevant times, defendants MARK CUSSON and MICHAEL

PRESNICK were Forensic Nurses at Whiting, employed and paid by the State of
Connecticut, responsible for providing humane and dignified treatment, care and
supervision to BILL SHEHADI. They are sued in their individual capacities.

2

 7.

At all relevant times defendants CARL BENJAMIN, WILLIE BETHEA,

LANCE CAMBY, CLAYTON DAVIS, GREG GIANTONIO, BRUCE HOLT, ROBERT
LARNED, ROBERT MARTINEAU, PATRICK O’BRIEN and SETH QUIDER were
Forensic Treatment Specialists, employed and paid by the State of Connecticut,
responsible for providing human and dignified care and supervision to BILL SHEHADI.
They are sued in their individual capacities.
8.

At all relevant times, each defendant was acting in the course and scope

of his employment.
9.

At all relevant times, each defendant was acting under color of state law.

FACTS
10.

BILL SHEHADI was born on August 22, 1958, and since early childhood

has had a long history of treatment and hospitalizations for psychiatric illnesses and
behavioral problems.
11.

In 1995, BILL was committed to the custody of the Connecticut

Department of Mental Health and Addiction Services and confined at Whiting, where he
has been involuntarily institutionalized ever since.
12.

At all times mentioned herein, BILL suffered from and continues to suffer

from severe and persistent mental illness.
13.

At all times mentioned herein, BILL suffered from and displayed, and

continues to suffer from and display, chronic and acute symptoms associated with his
mental illness, including: psychosis, paranoid and delusional thinking, self-injurious
behavior, chronic anxiety, profound insomnia which even when treated with sedatives
3

 results in him averaging only about four hours of sleep per night; various repetitive
behaviors including pacing and tapping, scratching and rubbing his head and body;
emotional instability; loose, disorganized, and irrational thought processes; and
statements and behaviors responding to internal stimuli of a psychotic origin.
14.

The defendants knew that BILL suffered extreme agitation and distress

when anyone touched him without permission, stared at him, pulled the sheets off his
bed, poured liquid on him, approached him from behind, interrupted him, or verbally or
physically challenged or approached him in ways that made him feel threatened or
taunted.
15.

At all times mentioned herein, BILL’s speech is and has been chronically

difficult to understand due to significant dysarthria, a speech disorder caused by muscle
weakness.
16.

At all times mentioned herein, BILL’s insight is and has been poor, as he

does not know or understand that he suffers from mental illnesses requiring treatment.
17.

At all times mentioned herein, BILL suffered from and continues to suffer

from severe and permanent medical illnesses and complications, including: Recurrent
Aspiration Pneumonia; Esophageal Strictures; Severe Osteoporosis; Chronic, Severe
Gastroesophageal Reflux Disorder; Hypothyroidism; Anemia; Chronic Renal
Insufficiency; Incontinence; Chronic Pancreatitis; Deep Vein Thrombosis; and Seizures.
18.

At all times mentioned herein, BILL has required and continues to require

assistance from his caregivers with many activities of daily living, including eating and
drinking, showering, shaving, dressing, and cleaning his laundry and linens.

4

 19.

At all times mentioned herein, BILL has had great difficulty relating to

others, including caregivers and those trying to assist him, and he has often been
incapable of accepting interventions provided to assist him.
20.

Simply put, BILL SHEHADI is an extremely ill and vulnerable man who for

his entire life has suffered greatly from his afflictions, and who requires help with the
most basic tasks of human survival.
21.

Notwithstanding his illnesses and the profound challenges caused by

them, however, during various times mentioned herein, BILL has participated in the
monthly “Lunch Club” on his Whiting Unit where he ordered food from a local restaurant,
has experienced good moods, can be talkative with staff, occasionally sings and
watches television in his room or in the Unit common areas, and takes walks in the
hospital courtyard.
22.

For years, and continuing to the present time, BILL’s treatment plan has

required 24/7 supervision by two Whiting staff members to ensure his safety and
wellbeing.
23.

For years, and continuing to the present time, BILL’s room has been

continuously monitored by a stationary video camera sending live images to the nurses
at the Whiting Unit 6 Nurse’s Station. The video monitoring was required to ensure
BILL’s safety and wellbeing.
24.

During the period February 27 to March 22, 2017, each of the defendants

inflicted on BILL unrelenting sadistic physical abuse, neglect, exploitation, humiliation
and psychological torture.

5

 25.

During the period February 27 to March 22, 2017, each of the defendants

observed other defendants inflict on BILL unrelenting sadistic physical abuse, neglect,
exploitation, humiliation and psychological torture, but they failed and refused to stop or
report the brutal and barbaric acts of their fellow employees.
26.

At the time of the abuse, BILL was 58 years old.

27.

The defendants’ abuse, neglect, exploitation, torture and cover-ups, all of

which are captured on videotape, include the following:
A.

At various times on or about February 27, 2017:
1. two Whiting Forensic Treatment Specialists threw clothing and a cup at
BILL while PRESNICK watched from the doorway;
2. MARTINEAU put his feet on BILL’s bed;
3. BETHEA sat on BILL’s bed and taunted and tormented him by tapping,
poking and hitting him approximately 34 times - the 13th and 34th are blows
to BILL’s head made with enough force to knock BILL’s head backward;
4. BILL tried to get away by getting off the bed, but BETHEA prevented him,
whereupon BILL became clearly agitated, engaging in repetitive behaviors
and rocking back and forth;
5. MARTINEAU was present during and witnessed BETHEA’s abuse, but he
failed and refused to stop or report it.

B.

At various times on or about February 28:
1. BENJAMIN, O’BRIEN and CAMBY sat with their feet on BILL’s bed;
2. CAMBY fell asleep while on duty;
3. O’BRIEN threw sheets at BILL.
6

 C.

At various times on or about March 1:
1. CAMBY bent over BILL’s bed in close proximity to BILL’s face, raised his
right hand, and hit BILL in the head;
2. for a period of one hour and forty minutes, PRESNICK, GIANTONIO, and
CAMBY held BILL in 4-point mechanical restraints with no documented
justification;
3. CAMBY entered BILL’s room eating a plate of food, then repeatedly used
a spoon to launch the food at BILL’s face;
4. the food landed on BILL’s bed and was then eaten by him;
5. the C.E.O. of Connecticut Valley Hospital, Helen Vartelas, later admitted
in the course of an investigation by the United States Department of
Health and Human Services Centers for Medicare & Medicaid Services
that the plate of food was intended for BILL, and that CAMBY’s behavior
“was an abusive act and should not have occurred”;
6. GIANTONIO and O’BRIEN threatened BILL with raised fists and other
fighting type gestures;
7. HOLT and another FTS sat with their feet on BILL’s bed, eating sunflower
seeds;
8. QUIDER repeatedly kicked and pushed BILL until he finally fell out of bed
onto the floor;
9. BILL got up and back into bed, and QUIDER kicked him again in his torso;
10. BENJAMIN was present during and witnessed QUIDER’s abuse, but he
failed and refused to stop or report it.

7

 D.

At various times on or about March 3:
1. MARTINEAU raised his hand and hit BILL in the back;
2. DAVIS witnessed the assault, but failed and refused to stop or report it;
3. MARTINEAU repeatedly kicked BILL while CUSSON watched;
4. CUSSON then repeatedly kicked BILL and MARTINEAU joined in;
5. BENJAMIN repeatedly kicked BILL;
6. DAVIS and GIANTONIO were present during and witnessed BENJAMIN’s
abuse, but they failed and refused to stop or report it;
7. CUSSON repeatedly kicked BILL for about two minutes while BILL was
lying in bed;
8. CUSSON straddled BILL’s head, placed his legs around BILL’s neck in a
scissor-like leg lock, and squeezed, while leaning forward and forcibly
punching or pushing BILL’s body;
9. a few minutes later, CUSSON pulled the sheets from BILL’s bed, kicked
BILL multiple times, restrained BILL by putting his legs around BILL’s body
and holding him down, and then shoved BILL’s mattress to the floor;
10. MARTINEAU was present during and witnessed CUSSON’s abuse, but he
failed and refused to stop or report it;
11. during CUSSON’s abuse, BENJAMIN shined a flashlight on BILL’s bed,
revealing BILL in distress, but BENJAMIN failed and refused to stop the
abuse or render assistance;
12. after CUSSON kicked BILL’s mattress to the floor, BILL stood in the
corner while CUSSON sat with his feet on the bed frame;

8

 13. DAVIS touched BILL on the head three times while circling the bed,
causing BILL extreme agitation;
14. DAVIS forcibly shoved BILL down onto the bed;
15. CUSSON followed BILL around the room repeatedly touching him,
causing BILL to be visibly upset, agitated and retreating;
16. CAMBY repeatedly threw food at BILL, and spit food onto BILL’s shirt, bed
and pants, which BILL then ate, while LARNED watched;
17. QUIDER put his feet on BILL’s bed, with one foot touching BILL’s arm,
and used his feet to repeatedly tug on BILL’s sheets.
E.

At various times on or about March 4:
1. BENJAMIN repeatedly kicked BILL, threatened to snap a towel at BILL,
poked BILL with his shoe, and repeatedly kicked BILL’s mattress from the
bed frame as BILL attempted to place it back;
2. QUIDER was present during and witnessed BENJAMIN’s abuse, but he
failed and refused to stop or report it;
3. QUIDER, while sitting on a chair next to BILL, who is lying in bed, kicked
BILL multiple times, then draped his legs over BILL’s chest while BILL
thrashed his lower limbs;

F.

At various times on or about March 5:
1. PRESNICK put both feet on BILL’s newly changed sheets;
2. BILL ate objects off the floor while two Forensic Treatment Specialists
watched and did nothing;

9

 3. PRESNICK tormented BILL by repeatedly touching his arms, head and
legs, and by threatening him with a fighting stance;
4. O’BRIEN was in the room for much of the abuse, but was asleep in a
chair.
G.

At various times on or about March 6:
1. QUIDER slept in a chair with his feet on BILL’s bed while BILL objected;
2. QUIDER dropped his leg onto BILL as soon as BILL settled down, then
kicked BILL in the shoulder;
3. DAVIS was present during and witnessed QUIDER’s abuse, but he failed
and refused to stop or report it;
4. CUSSON tormented BILL by circling the bed and touching him while BILL
tried to defend himself and BENJAMIN watched;
5. BENJAMIN and CUSSON kicked BILL repeatedly while BILL lay in bed,
then pinned BILL to the mattress by putting their legs and feet across his
body;
6. CUSSON hit BILL;
7. CUSSON wrapped his legs in a scissor-like leg lock around BILL’s head
and neck, forcing BILL down onto the bed;
8. DAVIS tormented BILL by moving around in the dark on the far side of the
room;
9. QUIDER repeatedly hit and poked BILL in the head;

H.

At various times on or about March 7:
1. BENJAMIN kicked BILL multiple times with both feet while BILL lay in bed;

10

 2. BENJAMIN kicked BILL as CUSSON pulled the sheets off BILL’s bed;
3. O’BRIEN was present during and witnessed BENJAMIN’s abuse, but he
failed and refused to stop or report it;
4. CUSSON grabbed BILL, covered his face with a bed sheet, and pulled his
arms and leg;
5. BILL was plainly agitated and, while CUSSON menacingly circled the bed,
BILL tried to protect himself by rolling from side to side and thrashing;
6. CUSSON then pulled the sheet over BILL’s head a second time and held
him down, then left the room;
7. CUSSON returned with a cup of an unknown liquid, and, while BENJAMIN
sat with his feet on BILL’s bed, and BILL was lying down, he poured the
liquid over BILL’s head;
8. BILL jumped up, flinching and retreating, and spilling the liquid onto the
floor;
9. CUSSON pulled the sheets from BILL’s bed and used them to wipe the
liquid on the floor while leaning over the bed causing BILL to reel from
CUSSON’s contact;
10. CUSSON brought a mop and rolling bucket into BILL’s room, mopped the
floor, then repeatedly took the dirty, wet mop out of the bucket and put it
on BILL’s head, moving the mop back and forth with a jabbing motion;
11. BENJAMIN kicked BILL’s mattress onto the floor;
12. CAMBY picked up a bed sheet and hit BILL in the face with it;
13. CAMBY kicked BILL’s mattress near his leg;

11

 14. MARTINEAU, O’BRIEN, GIANTONIO and BENJAMIN were present
during and witnessed CUSSON’s abuse, but they failed and refused to
stop or report it.
I.

At various times on or about March 8:
1. BENJAMIN put his feet on BILL’s head while BILL lay in bed;
2. O’BRIEN put his feet on BILL’s bed while BILL was sleeping;
3. CAMBY taunted, kicked and hit BILL repeatedly while BILL lay in bed;
4. CAMBY grabbed BILL’s arm and kicked BILL’s left leg;
5. CAMBY threw a cup of liquid on BILL while he lay in bed;
6. LARNED was present during and witnessed CAMBY’s abuse, but he
failed and refused to stop or report it;
7. LARNED also taunted BILL with an eating utensil while a Forensic Nurse
watched;
8. CAMBY dropped food from a cup onto BILL while he lay in bed;
9. CAMBY, O’BRIEN and DAVIS repeatedly pulled BILL’s sheets off of him;
10. DAVIS threw a sheet at BILL and raised his feet and kicked BILL twice;
11. DAVIS repeatedly taunted BILL with a folded paper towel.

J.

At various times on or about March 9:
1. DAVIS kicked BILL repeatedly while BILL sat on the bed;
2. GIANTONIO was present during and witnessed DAVIS’s abuse, but he
failed and refused to stop or report it;
3. GIANTONIO put his foot against BILL’s head and kicked him repeatedly;
4. BENJAMIN and another FTS taunted BILL while he lay in bed;

12

 5. CUSSON repeatedly kicked BILL in the head and body, and slapped
BILL’s head, while BILL was laying down and GIANTONIO watched;
6. BENJAMIN put his feet on BILL’s head;
7. BENJAMIN stuck a rolled-up piece of paper into BILL’s left ear while he
slept;
8. GIANTONIO was present during and witnessed BENJAMIN’s abuse, but
he failed and refused to stop or report it;
9. GIANTONIO also kicked BILL repeatedly;
10. CUSSON kicked BILL repeatedly, pulled the sheet away from BILL and
threw it at him;
11. CUSSON taunted BILL by using his feet to lift the corner of the mattress
and bounce it several times, then put his foot on top of BILL’s head.
K.

At various times on or about March 10 and 11:
1. CUSSON lunged at BILL with an open hand and hit him in the head while
BILL was lying down;
2. DAVIS raised his hand at BILL and taunted him while BILL was sitting in
bed;
3. CAMBY taunted BILL by repeatedly slamming his chair into BILL’s bed;
4. CAMBY threw soda onto BILL’s head and body;
5. PRESNICK sprayed BILL in the face with an aerosol can;
6. LARNED entered BILL’s room, pulled a sheet over BILL’s head and
tucked it around BILL’s head and body, then left;
7. CAMBY threw an object at BILL;

13

 8. CAMBY and LARNED kicked BILL;
9. DAVIS put a towel and sheet around BILL’s neck and over his face;
10. DAVIS later rolled into BILL’s room on a chair and kicked him, then
taunted BILL by repeatedly touching him;
11. CUSSON tormented BILL by touching and hugging him, causing BILL to
appear to be in pain;
12. as soon as BILL stopped reacting, CUSSON tormented him again;
13. CUSSON struck BILL in the head with a TV remote, making BILL reel
forward, while LARNED watched;
14. LARNED and CAMBY grabbed and kicked BILL;
15. CAMBY threw food at BILL, hitting him in the head;
16. the food rolled onto the floor, and CAMBY picked it up and threw it on
BILL’s bed;
17. CAMBY shoved food in BILL’s face;
18. CAMBY threw food on BILL’s sheets as LARNED watched;
19. LARNED taunted BILL by moving the bed with his foot;
20. MARTINEAU sat with his feet on the bed near BILL’s head;
21. CUSSON hit and touched BILL repeatedly;
22. BETHEA touched BILL and pulled the sheet off of him, causing BILL to
rock back and forth in distress, while LARNED watched;
23. CUSSON grabbed BILL and pushed him down onto the bed, pulling BILL’s
shirt off his shoulder and ripping it;

14

 24. while BILL sat in bed, CUSSON shoved his buttocks in BILL’s face, then
climbed into BILL’s bed, straddled BILL’s face with his crotch, and humped
BILL’s face;
25. after he got off the bed, CUSSON again shoved his buttocks in BILL’s
face;
26. MARTINEAU and HOLT and/or LARNED were present during and
witnessed CUSSON’s abuse, but they failed and refused to stop or report
it;
27. LARNED sat on a chair beside BILL’s body and tapped BILL’s head with
his foot, causing BILL to jump up in agitation;
28. GIANTONIO was present during and witnessed LARNED’s abuse, but he
failed and refused to stop or report it;
29. GIANTONIO repeatedly touched and hit BILL’s head and face, causing
BILL to be visibly agitated;
30. BENJAMIN repeatedly touched and taunted BILL, causing BILL to rock
back and forth in bed.
L.

At various times on or about March 12:
1. BENJAMIN put his feet on BILL’s bed;
2. O’BRIEN kicked BILL;
3. GIANTONIO wheeled his chair toward BILL’s bed and kicked him, then
kicked the mattress until it was hanging off the bed while O’BRIEN trapped
BILL behind the bed;
4. none of the staff assisted BILL with putting the mattress back on the bed;

15

 5. BENJAMIN repeatedly shined a flashlight in BILL’s face;
6. a total of five Whiting staff were in the room while BILL was visibly upset,
and no one came to his aid;
7. CUSSON jumped up from his chair and forced BILL, who was sitting, to lie
flat on his bed;
8. CUSSON kicked BILL’s mattress;
9. GIANTONIO and/or CUSSON kicked BILL off the bed, forced him to lie on
the floor, took turns poking and shoving him, then put their shoes on
BILL’s mattress and shook and flipped it off the bed onto the floor;
10. O’BRIEN was present during and witnessed some or all GIANTONIO’s
and CUSSON’s abuse, but he failed and refused to stop or report it;
11. CAMBY sipped from and/or spit in BILL’s drink, and put his feet on BILL’s
bed.
M.

At various times on or about March 13:
1. QUIDER rolled his chair around BILL’s room repeatedly kicking BILL’s arm
every time he attempted to drink from a cup, causing the liquid to spill onto
the floor;
2. QUIDER repeatedly kicked BILL, and put his leg on BILL, as BILL sat in
bed;
3. PRESNICK was present during and witnessed QUIDER’s abuse, but he
failed and refused to stop or report it;
4. PRESNICK walked to the back of BILL’s bed and grabbed him around the
neck;

16

 5. QUIDER ripped the sheet away from BILL while CAMBY watched and
laughed;
6. BILL picked up paper off the floor and put it in his mouth, and no one
came to his aid;
7. DAVIS grabbed BILL’s arm and pulled on him.
N.

At various times on or about March 14:
1. DAVIS circled BILL’s bed shining a flashlight into BILL’s eyes waking him
up;
2. DAVIS repeatedly pushed BILL down onto the bed;
3. BENJAMIN and GIANTONIO were present during and witnessed DAVIS’s
abuse, but they failed and refused to stop or report it;
4. DAVIS and BENJAMIN simultaneously kicked BILL for seven minutes;
5. DAVIS repeatedly taunted, poked and pulled BILL;
6. BETHEA came into BILL’s room and pulled the sheet off of him while he
was sleeping;
7. CAMBY pulled the sheet off of BILL, then touched BILL’s neck and/or
back, causing BILL to reel.

O.

At various times on or about March 15:
1. CAMBY pulled the sheet off of BILL;
2. CAMBY put a towel over BILL’s head and put his leg and foot on top of
BILL;
3. PRESNICK gave BILL a partially-eaten cookie;

17

 4. HOLT, from a standing position, kicked BILL multiple times while he lay in
bed;
5. CUSSON and LARNED were present during and witnessed HOLT’s
abuse, but they failed and refused to stop or report it.
P.

At various times on or about March 16:
1. QUIDER disturbed BILL with fluid, causing BILL to jolt up in bed, frantically
move about the bed, and cry into his sheets;
2. BENJAMIN repeatedly kicked BILL while BILL tried to defend himself;
3. BENJAMIN pulled BILL’s sheets while BILL was asleep;
4. BENJAMIN hit BILL in the head;
5. GIANTONIO tormented BILL while he tried to sleep;
6. CUSSON was present during and witnessed GIANTONIO’s abuse, but he
failed and refused to stop or report it;
7. BENJAMIN put his legs and feet on BILL to hold him down, while
CUSSON watched;
8. CUSSON pushed BILL up and down on the bed;
9. LARNED poked and prodded BILL’s shoulders, then put his shoes on
BILL’s head and face while BILL lay in bed;
10. DAVIS hit BILL on the face and head with a rolled-up folder, then DAVIS
and LARNED pushed BILL down onto the bed;
11. DAVIS taunted BILL by pushing and pulling on him;
12. CAMBY was present during and witnessed DAVIS’s and LARNED’s
abuse, but he failed and refused to stop or report it;

18

 13. CAMBY pushed BILL in the chest and repeatedly and constantly touched
BILL’s shoulder and back causing extreme agitation;
14. DAVIS repeatedly tapped and hit BILL until BILL fell back in bed and
covered himself with his arms;
15. LARNED repeatedly touched BILL’s head with a sneaker while another
FTS watched;
16. LARNED put his feet on the mattress on either side of BILL’s head and
pushed down on BILL’s head and cheeks.
Q.

At various times on or about March 17:
1. CUSSON threw BILL’s sheets on the floor, then sat in a chair next to
BILL’s bed and pushed and kicked him, including kicking him in the head,
until finally kicking him and his mattress onto the floor;
2. as BILL repeatedly attempted to replace the mattress, CUSSON and
BENJAMIN kicked the mattress back onto the floor;
3. BETHEA sat on BILL’s bed, repeatedly poking and prodding him, then
grabbed ahold of BILL’s shirt and pushed him down onto the bed;
4. while sitting on a chair beside BILL’s bed, BETHEA repeatedly put his
shoes and feet on BILL’s head, face and upper body;
5. BETHEA relentlessly tormented BILL by grabbing his pants and shirt, and
continuously tapping and touching him and putting a hat on his head and
face against his will;
6. BETHEA repeatedly poked BILL with a pointy object;
7. QUIDER put a towel on the back of BILL’s neck and pushed him down;

19

 8. HOLT kicked BILL while he was lying in bed;
9. MARTINEAU and HOLT were present during and witnessed BETHEA’s
abuse, but they failed and refused to stop or report it;
10. BETHEA was present during and witnessed HOLT’s abuse, but he failed
and refused to stop or report it.
R.

At various times on or about March 18:
1. QUIDER ripped BILL’s shirt down the back;
2. QUIDER forcibly flipped BILL off his bed and threw his mattress on the
floor.

S.

At various times on or about March 19:
1. QUIDER rolled his chair into BILL’s room, where BILL lay in bed covered
with a sheet, put his feet on BILL’s bed, then, holding a bottle of liquid,
stood up, began shaking BILL, and poured the liquid onto BILL’s head
approximately 10 times over the course of 10 minutes;
2. BILL got out of bed, and QUIDER poked him until he got back into bed;
3. QUIDER brought a gallon type container of liquid into BILL’s room, took
BILL’s sheet and blanket away, raised the container over BILL’s head and
poured the liquid on BILL’s head intermittently for approximately three
minutes;
4. after BILL’s bed linens were changed, QUIDER again poured liquid on
BILL while he was lying down and then again after he got out of the wet
bed;
5. QUIDER shook BILL’s mattress, flipping BILL onto the floor.

20

 T.

At various times on or about March 20:
1. CAMBY threw an unknown object at BILL through the open door of BILL’s
room;
2. the object landed on BILL’s shoulder as he lay in bed, and BILL placed the
object in his mouth;
3. no one came to BILL’s aid;
4. while BILL lay in bed, LARNED tapped BILL’s head with his shoe and
grabbed his arm and shoulder;
5. CUSSON kicked BILL’s mattress to the floor while BILL was walking
around the room;
6. BILL sat on the floor for 26 minutes until BENJAMIN finally moved his legs
and feet to allow BILL to put his mattress back on the bed;
7. CAMBY threw food at BILL and swatted BILL with a rolled-up paper;
8. LARNED repeatedly touched BILL with his foot;
9. BILL appeared to be crying, while standing and seated, and appeared to
cry in his sheets; no one came to his aid.

U.

At various times on or about March 21:
1. CAMBY kicked BILL’s mattress moving it partially off the frame;
2. LARNED repeatedly struck BILL’s face with rolled up papers;
3. CAMBY and LARNED forcibly held BILL down while PRESNICK forced a
diaper on over BILL’s sweatpants against his will;
4. CAMBY then picked up cookies off the floor and threw them at BILL, who
was rocking back and forth on the bed and obviously distressed;

21

 5. CAMBY taunted BILL with the diaper, repeatedly touching him with it as
BILL paced the room;
6. CAMBY ordered BILL back to bed and, while BILL was clearly upset and
trying to cover himself with blankets, put the diaper on BILL’s head like a
hat;
7. CAMBY, LARNED, and PRESNICK watched and laughed;
8. PRESNICK and CAMBY returned later and taunted BILL with the diaper.
V.

At various times on or about March 22:
1. GIANTONIO repeatedly kicked BILL and BILL’s sheets;
2. GIANTONIO, at one time, kicked BILL repeatedly, very fast, then landed a
few isolated blows without any justification or provocation, as DAVIS
watched;
3. GIANTONIO taunted BILL by repeatedly attempting to put a cowboy hat
on his head;
4. DAVIS was present during and witnessed GIANTONIO’s abuse, but he
failed and refused to stop or report it.
28.

The video tapes of BILL’s room prior to February 27, 2017, were

intentionally taped over, but similar acts of abuse, humiliation and torture were inflicted
on BILL by the defendants in the weeks, months and years preceding that date.
29.

In a June 12, 2008 letter to Dr. Michael Norko, Medical Director of Whiting,

BILL stated “I am thrown in the blue room and beaten up in the bathroom and in the
blue room when I need to get water”; “please help me as I am constantly picked on”;
and “Mark Cusson is trying to kill me”.

22

 30.

In a letter to a Whiting doctor dated October 12, 2006, BILL wrote: “I need

my sitters as I am extremely lonely, but I don’t like being abused or humiliated. Today
when I was put in seclusion I was humiliated, threatened and abused”; “Wayne Stocking
. . . threw a cup of water on my chest”; “I do not feel I am loved”; and “I don’t like being
abused”.
31.

On all or virtually all of the above shifts, the defendants talked and texted

on their cellphones when they should have been observing and caring for BILL, in
violation of the Whiting rules prohibiting the use and possession of cellphones in the
facility.
32.

DMHAS Commissioner Miriam Delphin-Rittmon later admitted in testimony

to the Connecticut Legislature that BILL was subjected to obvious “physical abuse”, and
that she’d “never witnessed anything that extreme”. She also stated in the press that
“[a]ny mistreatment or abuse of [Whiting] clients is unconscionable”, and in a public
statement that the abuse was “reprehensible” and “appalling”, and that, after she viewed
the video evidence, it “sickened [her] and has haunted [her] ever since”.
33.

At all relevant times, each of the defendants had an absolute and

unambiguous obligation to immediately report suspected or actual abuse, neglect or
exploitation of Whiting patients, and an absolute and unambiguous obligation to protect
the patient and to intervene to prevent such abuse, neglect or exploitation whenever
possible.
34.

Following the initial report of abuse, and subsequent investigation,

DMHAS determined that each of the defendants Forensic Nurses CUSSON and
PRESNICK, and Forensic Treatment Specialists QUIDER, LARNED, CAMBY,
23

 MARTINEAU, BENJAMIN, DAVIS, GIANTONIO, HOLT, and BETHEA all violated
DHMAS General Work Rule 19 (prohibiting “physical violence, verbal abuse,
inappropriate or indecent conduct and behavior that endangers the safety and welfare
or persons or property”), and that FTS O’BRIEN violated General Work Rule 21
(“Employees shall immediately report alleged violations of existing work rules, policies,
procedures or regulations to a supervisor.”).
35.

In the course of subsequent investigation, Helen Vartelas, the C.E.O. of

Connecticut Valley Hospital, admitted that the defendants’ abuse of BILL was
“egregious with willful disregard of the hospital’s abuse policies”, and that the
defendants “failed to report multiple incidents of disrespectful behaviors, abuse, neglect,
and patient exploitation because the staff themselves were complicit with the acts.”
36.

On March 21, a Whiting employee reported that staff were chronically

abusing BILL on Unit 6 by kicking and bullying him, replacing his lotion and shampoo
with hand sanitizer, dumping salt in his coffee, and contaminating his food with hot
sauce. More likely than not, one or more of the defendants are guilty of inflicting this
abuse.
37.

CUSSON, BENJAMIN, QUIDER, LARNED, CAMBY, DAVIS,

GIANTONIO, HOLT and BETHEA were subsequently arrested and charged with
multiple counts of Cruelty to Persons in violation of Conn. Gen. Stat. § 53-20(1)(a), and
multiple counts of Disorderly Conduct in violation of Conn. Gen. Stat. § 53a-182.
PRESNICK was also subsequently arrested and charged with Cruelty to Persons in
violation of Conn. Gen. Stat. § 53-20(1)(a).

24

 FIRST CLAIM FOR RELIEF
(Violation of the Fourteenth Amendment’s Guarantee of Safe Conditions of Confinement
and the Right to Be Free from the Use of Excessive Force by Agents and Employees of
the State, pursuant to 42 U.S.C. § 1983)
1.

Paragraphs 1-37 are realleged here and fully incorporated into this First

Claim for Relief.
2.

The defendants were deliberately indifferent to BILL SHEHADI’s right to

safe conditions of confinement and right to be free from the use of excessive force by
agents and employees of the State.
3.

The defendants acted intentionally and/or they recklessly failed to act with

reasonable care even though they knew or should have known that BILL was subjected
to an excessive risk of harm.
4.

The defendants’ deliberate indifference was outrageous and egregious

under the circumstances.
5.

The defendants’ deliberate indifference shocks the conscience and

constitutes a violation of BILL SHEHADI’s substantive due process rights.
6.

The defendants deprived BILL SHEHADI of his rights under the

Fourteenth Amendment to safe conditions of confinement and to be free from the use of
excessive force by agents and employees of the State, and are liable for redress
pursuant to 42 U.S.C. § 1983.

25

 SECOND CLAIM FOR RELIEF
(Violation of the Fourteenth Amendment’s Guarantee of the Right to Protection from
Harm, pursuant to 42 U.S.C. § 1983)
1.

Paragraphs 1-37 are realleged here and fully incorporated into this

Second Claim for Relief.
2.

At all times relevant to this Complaint, the defendants had a constitutional

obligation to provide BILL SHEHADI protection from harm because they had a
reasonable opportunity to intervene, they had a special relationship with him, and they
affirmatively created and increased the opportunity for their fellow defendants to harm
him.
3.

The defendants acted intentionally and/or they recklessly failed to act with

reasonable care even though they knew or should have known that BILL was subjected
to an excessive risk of harm.
4.

The defendants were deliberately indifferent to BILL SHEHADI’s right to

protection from harm.
5.

The defendants’ deliberate indifference was outrageous and egregious

under the circumstances.
6.

The defendants’ deliberate indifference shocks the conscience and

constitutes a violation of BILL SHEHADI’s substantive due process rights.
7.

The defendants deprived BILL SHEHADI of his right under the Fourteenth

Amendment to protection from harm, and are liable for redress pursuant to 42 U.S.C. §
1983.

26

 THIRD CLAIM FOR RELIEF
(Violation of the Fourteenth Amendment’s Guarantee of the Right to Reasonable
Medical and Mental Health Care, pursuant to 42 U.S.C. § 1983)
1.

Paragraphs 1-37 are realleged here and fully incorporated into this Third

Claim for Relief.
2.

The defendants were deliberately indifferent to BILL SHEHADI’s right to

reasonable medical and mental health care.
3.

The defendants acted intentionally and/or they recklessly failed to act with

reasonable care even though they knew or should have known that BILL was subjected
to an excessive risk of harm.
4.

The defendants’ deliberate indifference was outrageous and egregious

under the circumstances.
5.

The defendants’ deliberate indifference shocks the conscience and

constitutes a violation of BILL SHEHADI’s substantive due process rights.
6.

The defendants deprived BILL SHEHADI of his right under the Fourteenth

Amendment to reasonable medical and mental health care, and are liable for redress
pursuant to 42 U.S.C. § 1983.

FOURTH CLAIM FOR RELIEF
(State Law Assault and Battery)
1.

Paragraphs 1-37 are realleged here and fully incorporated into this Fourth

Claim for Relief.
2.

Each of the defendants acted intending to cause harmful or offensive

contacts with BILL’s body or imminent apprehensions of such contacts.
27

 3.

Repeated harmful contacts directly resulted.

4.

Each of the defendants acted intentionally or under circumstances

showing a reckless disregard of the consequences of his actions.

FIFTH CLAIM FOR RELIEF
(State Law Recklessness)
1.

Paragraphs 1-37 are realleged here and fully incorporated into this Fifth

Claim for Relief.
2.

Each of the defendants was consciously aware of the fact that he created

and/or allowed a substantial risk to BILL SHEHADI.
3.

Notwithstanding each defendant’s conscious awareness of the risk to

BILL, he failed to take necessary and appropriate steps to reduce or eliminate the risk.
4.

Notwithstanding each defendant’s conscious awareness of the risk to

BILL, he took affirmative steps to exacerbate the risk and to make harm and injury to
BILL more likely.
5.

Each defendant’s conduct showed a reckless disregard of BILL’s just

rights and safety and of the consequences of his actions, was unreasonable, and
involved an extreme departure from ordinary care in a situation where a high degree of
danger was apparent.
6.

The reckless and callous indifference, and the wanton misconduct, of

each of the defendants, alone and in concert, caused BILL to be mentally and physically
abused, neglected, exploited, assaulted, harassed, humiliated and tortured.

28

 SIXTH CLAIM FOR RELIEF
(State Law Intentional Infliction of Emotional Distress)
1.

Paragraphs 1-37 are realleged here and fully incorporated into this Sixth

Claim for Relief.
2.

Each of the defendants intended to inflict emotional distress or he knew or

should have known that emotional distress was the likely result of his acts and
omissions.
3.

Each defendant’s conduct was extreme and outrageous.

4.

Each defendant’s conduct, alone and in concert, caused BILL to suffer

extreme emotional distress.
5.

The emotional distress sustained by BILL was and is severe.

29

 PRAYER FOR RELIEF
WHEREFORE, plaintiff prays for relief as follows:
1.

Compensatory damages according to proof;

2.

State law punitive damages;

3.

Federal law punitive damages;

4.

Costs and reasonable attorneys’ fees pursuant to 42 U.S.C. § 1988; and

5.

Such further relief as the Court deems just and proper.

THE PLAINTIFF

By /s/ Antonio Ponvert III
Antonio Ponvert III
Federal Bar No. CT 17516
Koskoff Koskoff & Bieder
350 Fairfield Avenue
Bridgeport, Connecticut 06604
TEL: 203-336-4421
FAX: 203-368-3244
Email: aponvert@koskoff.com

30

 UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

WILLIAM H. SHEHADI, JR.,
A CONSERVED PERSON, BY AND
THROUGH THE CONSERVATOR OF
HIS ESTATE, ALBERT B. SHEHADI,

:
:
:
:
:
Plaintiff,
:
v.
:
:
MARK CUSSON, MICHAEL PRESNICK,
:
CARL BENJAMIN, WILLIE BETHEA, LANCE :
CAMBY, CLAYTON DAVIS, GREG
:
GIANTONIO, BRUCE HOLT, ROBERT
:
LARNED, ROBERT MARTINEAU, PATRICK :
O’BRIEN, AND SETH QUIDER,
:
:
Defendants.
:

CIVIL NO.

MARCH 1, 2018

DEMAND FOR JURY TRIAL

Pursuant to Fed. R. Civ. P. 38, the plaintiff in the above-captioned matter hereby
demands a trial by jury on all issues.

THE PLAINTIFF

By /s/ Antonio Ponvert III
Antonio Ponvert III
Federal Bar No. ct 17516
Koskoff Koskoff & Bieder
350 Fairfield Avenue
Bridgeport, Connecticut 06604
TEL: 203-336-4421
FAX: 203-368-3244
Email: aponvert@koskoff.com
31