Case: 1:19-cv-01000 Doc #: 1 Filed: 05/03/19 1 of 18. PageID #: 1

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
DE’VON BEAN,
c/o David B. Malik
Malik Law
8437 Mayfield Rd. Suite 101
Chesterland, OH 44026,
Plaintiff,
v.
CUYAHOGA COUNTY
1219 Ontario Street
Cleveland, Ohio 44113
and
KENNETH MILLS
JAIL DIRECTOR
Cuyahoga County Sheriff Department
12115 West 3rd Street
Cleveland, Ohio 44113
Individually and in His Official
Capacity as the Jail Director for the
Cuyahoga County Sheriff’s
Department (former)
and
OFFICER BRANDON SMITH
OFFICER MARVIN MILLER
Cuyahoga County Sheriff Department
12115 West 3rd Street
Cleveland, Ohio 44113
Individually and in Their Official
Capacities as Employees of the
Cuyahoga County Sheriff’s
Department
and
THE METROHEALTH SYSTEM

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Case No.
JUDGE

COMPLAINT

Jury Demand Endorsed Hereon

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The MetroHealth System
2500 MetroHealth Drive
Cleveland, Ohio 44109
and
CATHERINE CLARK, RN
The MetroHealth System
2500 MetroHealth Drive
Cleveland, Ohio 44109
Individually and in Her Official
Capacity as a Nurse in the Cuyahoga
County Corrections Center
and
MARY E. HANCOCK, MD
The MetroHealth System
2500 MetroHealth Drive
Cleveland, Ohio 44109
Individually and in Her Official
Capacity as a Physician in the
Cuyahoga County Corrections Center

Defendants.

I.

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PRELIMINARY STATEMENT

1. This civil rights case seeks redress for the violation of Plaintiff De’Von Bean’s Fourth,
Eighth, and Fourteenth Amendment constitutional rights. This case also seeks redress for
the state law claims of assault and battery, negligence, and medical malpractice. The
violation of Mr. Bean’s state and federal rights began on May 6, 2018 while he was in the
custody of the Cuyahoga County Corrections Center (“CCCC”). On that day, Defendant
Officers Brandon Smith and Maurice Miller, both Special Response Team (“SRT”)
members aka “The Men in Black”, used excessive, unconstitutional, gratuitous, and

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unreasonable force when Smith physically assaulted Mr. Bean without justification and
then Miller proceeded to spray Mr. Bean in his severely injured face. There was no
legitimate or legal justification for these Defendant Officers to abuse, assault, and injure
Mr. Bean. Mr. Bean was unarmed. Mr. Bean did not pose a threat at the time the
excessive, gratuitous, unconstitutional, and unreasonable force was employed. Mr. Bean
brings this civil rights action to secure fair compensation and to encourage CCCC
Officers to refrain from the unnecessary, illegal, gratuitous, unreasonable,
unconstitutional, and excessive use of force against unarmed and non-threatening citizens
in the future.
2. Defendant Smith’s and Defendant Miller’s illegal and unconstitutional conduct was
known, approved, and ratified by agents/employees of Defendant Cuyahoga County and
Defendant Mills who failed to report, review, and conduct a meaningful and adequate
investigation into Defendant Officers’ illegal use of force.
3. Defendant Cuyahoga County and Defendant Mills failed to properly train and supervise
SRT members including Defendant Officers Smith and Miller.
4. Defendant Cuyahoga County and Defendant Mills created and consistently allowed a
pattern and practice of SRT members to violate the constitutional rights of those in
custody of the CCCC.
5. Despite Mr. Bean’s obvious and serious injuries that resulted from the attack on him, Mr.
Bean was left in a cell suffering in horrible pain without proper medical care. Once Mr.
Bean finally received a prescription for pain medication, it was withheld for an
unreasonable amount of time, further causing pain and injury to Mr. Bean.
II.

JURISDICTION

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6. Jurisdiction over claims arising from Defendants’ violation of the Civil Rights Act is
conferred upon this Court by 28 U.S.C. §§ 1331, 1343 (3) and (4).
7. Jurisdiction over the state law claims is conferred upon this Court by 28 U.S.C. § 1367.
8. Venue is proper in this division.
III.

THE PARTIES

9. Plaintiff De’Von Bean was a resident of Cuyahoga County, Ohio during all times
relevant to this action. He brings this action on his own behalf for damages resulting from
the violation of rights secured by the United States Constitution.
10. Defendant Cuyahoga County is a unit of local government organized under laws of the
State of Ohio. Defendant Cuyahoga County is also a “person” under 42 U.S.C. §1983 and
at all times relevant to this case acted under color of law.
11. Defendant Kenneth Mills was at all times herein the Director, Regional Corrections
Cuyahoga County Sheriff’s Department. Defendant Mills was at all times responsible for
reviewing all Use of Force incidents to ensure compliance with the facility’s policies. He
is sued in his official and individual capacities. Mills is a “person” under 42 USC 1983
and at all times relevant to this case acted under color of law. Mills is a final
policymaker.
12. Defendant Officer Brandon Smith was at all times relevant to this action an employee of
Cuyahoga County. He was serving as an on-duty police SRT Officer on May 6, 2018
Defendant Smith is sued in his individual and official capacities. Defendant Smith is a
person under 42 U.S.C. §1983 and at all times relevant to this case acted under color of
state law.

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13. Defendant Officer Maurice Miller was at all times relevant to this action an employee of
Cuyahoga County. He was serving as an on-duty police SRT Officer on May 6, 2018
Defendant Miller is sued in his individual and official capacities. Defendant Miller is a
person under 42 U.S.C. §1983 and at all times relevant to this case acted under color of
state law.
14. Defendant MetroHealth Medical Center is and was all times relevant to this action the
contracted party providing through its medical professionals, necessary, regular, and
routine medical services, examinations, and treatment to the inmates of the CCCC.
Defendant is a “person” under 42 U.S.C. § 1983 and at all times relevant to this case
acted under color of law.
15. Defendant Catherine Clark, RN, is and was at all times relevant to this action a nurse
employed by The MetroHealth System in the CCCC. Defendant is a “person” under 42
U.S.C. § 1983 and at all times relevant to this case acted under color of law. She is sued
in her individual and official capacity.
16. Defendant Mary E. Hancock, is and was at all times relevant to this action a doctor
employed by The MetroHealth System in the CCCC. Defendant is a “person” under 42
U.S.C. § 1983 and at all times relevant to this case acted under color of law. She is sued
in her individual and official capacity
IV. FACTS
A. The May 6, 2018 Unprovoked Assault on Plaintiff De’Von Bean
17. On May 6, 2018, Plaintiff De’Von Bean was arrested in the city of Euclid at
approximately 1:00 pm.

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18. Several hours later, Plaintiff was transported by Cuyahoga County Sheriff’s Deputies to
the CCCC.
19. Plaintiff was compliant at all times.
20. During the booking process at approximately 6:50 pm, Defendant Officers Smith and
Miller aggressively approached Mr. Bean and began to stare him down.
21. Plaintiff was not intoxicated at this time.
22. Plaintiff was complying with directions during booking but began to become afraid that
Defendants Smith and Miller were going to harm him.
23. Plaintiff began expressing his concerns and fears to the other officers in booking,
specifically stating that he felt as if Defendant Smith and Miller were going to do
something to him.
24. Plaintiff complied with the remainder of the booking process including removing his
shoes and completing the scanning process.
25. Plaintiff was escorted by Defendants Smith and Miller to the 4th floor dress in where
Plaintiff was to trade his clothes for the customary orange suit in the CCCC.
26. While exchanging his clothes, Plaintiff began joking that Defendants Smith and Miller
take their jobs too seriously.
27. Plaintiff did not threaten Defendants Smith or Miller, nor did he clench his fists in an
aggressive stance..
28. Plaintiff made no threatening or aggressive movements and was simply changing his
clothes.
29. Plaintiff sensed that Defendants Smith and Miller were becoming angry with him so he
proceeded to complete the clothing exchange as quickly as possible.

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30. As Plaintiff was a little more than halfway close to pulling up the orange pants, out of
nowhere and completely unprovoked, Defendant Smith’s fist gratuitously came crashing
into Plaintiff’s right jaw.
31. Defendant Smith had knocked Mr. Bean out for a period of time for which Plaintiff is
unsure.
32. When Mr. Bean came to and as he was able to get out the words, “What the fuck?”,
Defendant Miller gratuitously sprayed Plaintiff with OC spray directly into his mouth,
then his nose, and then his eyes and then repeated this horrific process again.
33. As Mr. Bean came to, he immediately felt the excruciating pain in his jaw and knew that
his jaw was broken by the force of the punch by Defendant Smith.
34. After this illegal, unconstitutional, unreasonable, and gratuitous amount of force,
Defendants Smith and Miller placed and bound Mr. Bean in a restraint chair further and
unnecessarily restricting his freedom of movement, and completed paperwork to have
Mr. Bean put in Disciplinary Isolation.
35. At all times herein, Defendants Smith and Miller, operating under the pattern and practice
of SRT members in the CCCC, attacked and severely injured Mr. Bean simply because
they became annoyed with him.
36. Defendants Smith and Miller, operating under the pattern and practice of SRT members
in the CCCC, used illegal and unconstitutional force as a punishment.
37. Mr. Bean’s jaw was obviously broken and his shirt and mouth were covered in blood.
38. As a direct and proximate result of the illegal, unconstitutional, unprovoked and
intentional assault and harmful and offensive touching on Mr. Bean, he suffered the loss

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of unconsciousness, severe and permanent pain in his head and jaw, jaw fractures, and
injury to his mouth, nose, and eyes from the OC spray.
39. Defendant Smith, operating under the pattern and practice of SRT members in the CCCC,
deliberately failed to accurately report the events that lead to the use of force.
40. Defendant Smith, operating under the pattern and practice of SRT members in the CCCC,
deliberately failed to report an accurate description of the incident and reason for using
force upon Mr. Bean.
41. Defendant Smith, operating under the pattern and practice of SRT members in the CCCC,
deliberately failed to report a description of the injuries suffered by Mr. Bean and did not
provide any photographs of Mr. Bean’s injuries.
42. Defendant Smith, operating under the pattern and practice of SRT members in the CCCC,
deliberately failed to report a list of all participants and witnesses to the incident with Mr.
Bean.
43. Defendant Miller, operating under the pattern and practice of SRT members in the
CCCC, deliberately failed to write any report about the use of force on Mr. Bean.
44. The deliberate failure of Defendants Cuyahoga County and Mills to train, supervise, and
investigate SRT members is obvious here.
45. The Cuyahoga County Corrections Center Policy Number 0002 Use of Force (Response
to Resistance), signed by Defendant Kenneth Mills, requires that all use of force incidents
be documented to include: 1) an account of events that lead to the use of force; 2) an
accurate description of the incident and reasons for using force; 3) a description of the
injuries suffered, photographs inclusive; and 4) a list of all participants and witnesses to
the incident.

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46. This policy also requires that that recordings are to be forwarded to the Regional Director
of Corrections – Defendant Kenneth Mills.
47. This means that Defendant Mills should have received videos that began after the use of
force, which show a bloody, OC sprayed inmate with a broken jaw and bloody shirt, and
did not question the use of force.
48. There is no indication that Defendant Mills did any investigation into the use of force
upon Mr. Bean.
49. Defendant Miller, operating under the pattern and practice of SRT members in the
CCCC, also deliberately failed to write a report about using OC spray on Mr. Bean.
50. The Cuyahoga County Corrections Center Policy Number 0028, Chemical Agents, signed
by Defendant Kenneth Mills, requires that an officer who uses a chemical agent must
complete a detailed report which must contain the who, what, when, where, how and why
the action was taken, along with mention that the warnings were given. This policy
further requires that the shift supervisor shall submit a cover report to Executive
Correction Staff containing the “detailed synopsis” of the incident/circumstances that
lead to the utilization of Chemical Agents.
51. There is no indication that Defendants Cuyahoga County and Mills did any investigation
into the use of OC Spray on Mr. Bean.
52. Defendants Smith and Miller used extreme, excessive, and unreasonable force while on
duty when they physically assaulted and battered Mr. Bean.
53. There was no reason for Defendants Smith and Miller to abuse and assault Mr. Bean.
This conduct amounted to an unnecessary, illegal, unconstitutional, unreasonable,

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excessive use of force as a form of punishment, conduct that is clearly allowed and
ratified by Defendants Cuyahoga County and Mills.
B. The Inadequate Medical Care
54. Mr. Bean was taken in the restraint chair to the dispensary on May 6, 2018 at
approximately 7:05 pm.
55. Mr. Bean’s broken jaw and bloody mouth would have been obvious to a layperson, but
Defendant Catherine Clark completely disregarded these obvious injuries and wrote in
her notes: “No bleeding, or break in skin, or other obvious injury noted.”
56. Mr. Bean, bloody and in excruciating pain, was sent back to his cell.
57. Mr. Bean continued to suffer in excruciating pain and was then taken back to the
dispensary on May 6, 2018 at approximately 10:54 pm.
58. By this time, Mr. Bean’s condition had worsened and he feared that by the time he saw a
doctor, his jaw would not be repairable.
59. Defendant Clark finally acknowledged Mr. Bean’s complaints and fears about his jaw
and instructed Mr. Bean that he would be seen by a provider in the morning. This did not
happen.
60. Instead, Mr. Bean was left to suffer in excruciating pain without medical attention for
approximately 18 hours.
61. Mr. Bean was not seen by a doctor until May 7, 2018 at approximately 4:45 pm.
62. At this time, Defendant Mary Hancock, MD observed that Mr. Bean had swelling to the
right jaw and face with decreased sensation over the right cheek.
63. Defendant Hancock also observed that Mr. Bean’s jaw opening was limited due to pain
and swelling.

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64. An x-ray was done and Defendant Hancock’s interpretation was a right mandibular
fracture separated by 3 mm and a probable mental fracture to the left midline.
65. Despite this finding by Defendant Hancock, Mr. Bean was again sent back to his cell and
left to suffer without proper medical attention.
66. Mr. Bean was in serious need of emergency care after the May 6, 2018 attack, but was
not taken to Metro until May 8, 2018, where the mandibular fracture was confirmed by a
CT contrast.
67. Mr. Bean suffered with a broken jaw in the CCCC from the evening of May 6, 2018 to
the morning of May 8, 2018 – approximately 29 hours of pain and suffering.
68. Mr. Bean returned from Metro on May 8, 2018 at approximately 12:45 am. He had been
prescribed Percocet for his jaw fracture pain.
69. Again, Mr. Bean was left in a cell in excruciating pain with no medical attention.
70. Approximately 8 hours later, Defendant Hancock reviewed Mr. Bean’s records from
Metro and ordered his medications.
71. Mr. Bean, however, did not receive his prescribed pain medication until May 9, 2018 at
approximately 2:32 am.
72. Mr. Bean waited approximately 26 hours in excruciating pain for his pain medication.
C. Harm to Plaintiff
73. As a direct and proximate result of the conduct of each Defendant, De’Von Bean suffered
permanent physical injury, pain, emotional and psychological trauma.
74. Mr. Bean lost wages and will lose additional wages in the future, Mr. Bean incurred
medical bills and will incur additional medical bills in the future for his severe and
permanent physical and emotional injuries.

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V. CLAIMS
FIRST CAUSE OF ACTION– § 1983-EXCESSIVE FORCE
(Defendants Brandon Smith and Marvin Miller)
75. Plaintiff incorporates and restates each of the above paragraphs as if fully set forth herein.
76. Defendants Smith, Miller, Cuyahoga County, and Mills have under color of law, deprived
De’Von Bean of rights, privileges, and immunities secured to him by the United States
Constitution including the right to be free from excessive force under the Fourth
Amendment as applied to the States through the Fourth and Fourteenth Amendments.
77. Defendant Smith used excessive force when he illegally, unconstitutionally, and
unreasonably punched Mr. Bean in the jaw as a punishment.
78. Defendant Miller used excessive force when he illegally, unconstitutionally, and
unreasonably sprayed OC spray in the mouth, nose, and eyes of an already-injured and
semi-unconscious inmate as a form of punishment.
SECOND CAUSE OF ACTION–ASSAULT AND BATTERY
(Defendants Brandon Smith and Marvin Miller)
79. Plaintiff incorporates and restates each of the above paragraphs as if fully rewritten
herein.
80. Under Ohio law Defendants Smith’s and Miller’s acts of touching against De’Von Bean
constitute battery.
81. Defendants Smith and Miller engaged in an unprivileged, intentional, gratuitous, harmful,
offensive touching of De’Von Bean without his consent.
82. Defendants Smith’s and Miller’s battery was a direct and proximate cause of De’Von
Bean’s severe and permanent injuries.

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83. As a direct and proximate result of the unprovoked, intentional, harmful, and offensive
touching by Defendants Smith and Miller on Mr. Bean, he suffered loss of
unconsciousness, severe pain in his head and jaw, jaw fractures, a scalp laceration, and
surgery to repair his jaw and may require additional surgeries in the future.
84. Mr. Bean incurred medical bills and will incur additional medical bills in the future.
THIRD CAUSE OF ACTION– MONELL CLAIM
(Defendants Cuyahoga County and Kenneth Mills)
85. Plaintiff incorporates and restates each of the above paragraphs as if fully rewritten
herein.
86. Defendants Cuyahoga County’s and Mills’s policies, practices, customs, and usages
regarding subject control, use of force and the documentation of uses of force were and
are a moving force behind the excessive force used on Mr. Bean by Defendants Smith
and Miller.
87. Defendants Cuyahoga County and Mills customarily allows officers, specifically SRT
members, to engage in the use of excessive force without being held accountable or
disciplined for their misconduct.
88. Defendants Cuyahoga County and Mills fail to train and supervise officers on the use of
force and use of force documentation.
89. Defendants Cuyahoga County and Mills fail to enforce policies, procedures, customs,
usages, practices and protocols regarding use of force and documentation of use of force.
90. Defendants Cuyahoga County and Mills fail to institute and train Supervisors and officers
to hold each other accountable when illegal, unconstitutional, and excessive force is
utilized in the field.

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91. Defendants Cuyahoga County and Mills have not disciplined Defendants Smith or Mills
for the misconduct of these Officers.
92. An investigation into the events involving the De’Von Bean, if any, was so incomplete
and inadequate as to constitute a ratification by the Defendants Cuyahoga County and
Mills of Defendants’ conduct.
93. The training and supervision provided by Defendants Cuyahoga County and Mills to the
Defendant Officers identified herein was deliberately indifferent to the safety of the
citizens, including citizens such as Mr. Bean.
94. The conduct of the Cuyahoga County and Mills identified above constitutes a pattern and
practice and again amounts to a moving force behind the constitutional violations and
injuries inflicted upon De’Von Bean.
95. SRT members in the CCCC consistently use illegal, unconstitutional, and excessive force
on inmates in the custody of the CCCC with no investigations into their conduct. They
are not held accountable for their conduct.
96. This way of doing things is so permanent and well settled in the CCCC that is constitutes
a custom, a pattern, and a practice. There have been repeated complaints and notice to
Defendants Cuyahoga County and Mills of constitutional violations by SRT members,
including by Plaintiff De’Von Bean.
97. The conduct described herein constitutes a pattern, practice, custom, habit, and policy of
Defendants Cuyahoga County and Kenneth Mills.
FOURTH CAUSE OF ACTION– 42 U.S.C. §1983
(Defendants The MetroHealth System, Catherine Clark, RN and Mary E. Hancock,
MD)

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98. Plaintiff incorporates and restates each of the above paragraphs as if fully rewritten
herein.
99. Defendants The MetroHealth System, Clark, and Hancock have, under color of state law,
deprived De’Von Bean of rights, privileges and immunities secured by the Eighth and
Fourteenth Amendments to the United States Constitution, including but not limited to
the right to adequate medical care as a jail inmate.
100.

Defendants The MetroHealth System, Clark, and Hancock were each deliberately

indifferent to the serious medical needs of De’Von Bean. Defendants knew Mr. Bean had
been attacked and, as a result, had suffered a fractured jaw. Defendants were aware that
there was a serious medical need and a substantial risk of serious harm to Mr. Bean and
they deliberately disregarded that risk. As a result of these Defendants’ conduct, Mr.
Bean suffered severe and permanent physical and psychological pain and suffering.
FIFTH CAUSE OF ACTION– NEGLIGENCE/MALPRACTICE BY THE
METROHEALTH SYSTEM
(Defendant The MetroHealth System)
101. Plaintiff incorporates and restates each of the above paragraphs as if fully rewritten
herein.
102. Defendant The MetroHealth System and its employees and its agents owed a duty of
reasonable care to Mr. Bean.
103. Defendant The MetroHealth System and its employees and its agents have a duty to
provide qualified medical personnel to perform medical and nursing services in the CCCC
and a duty to use reasonable care in determining the qualifications of its contractors, agents,
and employees who provide medical and nursing services to inmates in the CCCC.

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104. Defendant The MetroHealth System and its employees and its agents have a duty to
establish appropriate medical policies and procedures concerning the medical and nursing
treatment of inmates in the CCCC and a duty to manage their CCCC agents, contractors,
employees, as well as implement and enforce appropriate protocols, policies, and procedures.
105. Defendant The MetroHealth System and its employees, agents, and contractors were
negligent and breached their duty of care to Mr. Bean by negligently hiring, training,
supervising, and retaining incompetent medical personnel.
106. Defendant The MetroHealth System breached their duty to provide to Mr. Bean
reasonable medical and nursing care consistent with standard medical practices in violation of
Ohio law. (Dr. Mendel Affidavit of Merit Pursuant to Ohio Rule 10(D)(2).)
107. The conduct of Defendant The MetroHealth System proximately caused Mr. Bean’s
severe and unnecessary physical and psychological pain and suffering.

SIXTH CAUSE OF ACTION– NEGLIGENCE/MALPRACTICE BY NURSE
(Defendant Catherine Clark, RN)
108. Plaintiff incorporates and restates each of the above paragraphs as if fully rewritten
herein.
109. Defendant Clark owed a duty of reasonable care to Mr. Bean.
110. Defendant Clark breached her duty to provide to Mr. Bean reasonable medical and
nursing care consistent with standard medical practices in violation of Ohio law. (Dr. Mendel
Affidavit of Merit Pursuant to Ohio Rule 10(D)(2).)
111. The conduct of Defendant Clark was negligent, malicious, willful, wanton, and reckless.
112. The conduct of Defendant Clark proximately caused Mr. Bean’s severe unnecessary
physical and psychological pain and suffering.

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SEVENTH CAUSE OF ACTION– NEGLIGENCE/MALPRACTICE BY
PHYSICIAN
(Defendant Mary E. Hancock, MD)
113. Plaintiff incorporates and restates each of the above paragraphs as if fully rewritten
herein.
114. Defendant Hancock owed a duty of reasonable care to Mr. Bean.
115. Defendant Hancock failed to use reasonable care in diagnosing and treating the
symptoms experienced by Mr. Bean.
116. Defendant Hancock breached her duty to provide to Mr. Bean reasonable medical care
consistent with standard medical practices in violation of Ohio law. (Dr. Mendel Affidavit of
Merit Pursuant to Ohio Rule 10(D)(2).)
117. The conduct of Defendant Hancock was negligent, malicious, willful, wanton, and
reckless.
118. The conduct of Defendant Hancock deviated from the standard medical practices, all in
violation of Ohio Law. Defendant Hancock’s conduct proximately caused Mr. Bean’s severe
and unnecessary physical and psychological pain and suffering.
VI. JURY DEMAND
119.

Plaintiff hereby demands a trial by jury of all issues triable by jury.
VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands that this Court:
A.

Award Plaintiff compensatory damages in an amount to be shown at trial;

B.

Award Plaintiff punitive damages in an amount to be shown at trial (except as to the

County);
C.

Award Plaintiff reasonable attorney’s fees, costs and disbursements;

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D.

Award Pre and post judgment interest;

E.

Compel Defendants to engage in positive changes related to customs, practices, habits,

and policies;
F.

Grant Plaintiff such additional relief as the Court deems just and proper.

/s/ Sara Gedeon
David B. Malik (0023763)
Sara Gedeon (0085759)
Malik Law
8437 Mayfield Road Suite 101
Chesterland, Ohio 44026
(440) 729-8260
(440) 490-1177
dbm50@sbcglobal.net
sgedeon1021@gmail.com

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