1 Page 1 of 17 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION TOYA FRAZIER, DECEASED, BY HER ADMINISTRATOR JACQUELINE JONES, Plaintiff, No. 16- vs. CHAMPAIGN COUNTY SHERIFF DAN WALSH, IN HIS OFFICIAL CECILE KEMP, BETH NOVAK, RN, Supervisor of CECILE CLAYTON GOODWIN, Correctional Of?cer; ARNOLD MATHEWS, Jail Supervisor; and CHAMPAIGN COUNTY, ILLINOIS Plaintiff Respectfully Demands Trial by Jury Defendants. COMPLAINT NOW COMES the Plaintiff, Toya Frazier, deceased, by her Administrator, Jacqueline Jones, and brings forth this Complaint against the Defendants Champaign County Sheriff Dan Walsh, in his individual and of?cial capacity; Cecile Kemp, Beth Novak, Clayton Goodwin; Sgt. Arnold Mathews; Champaign County, Illinois and in support of, states the following: JURISDICTION AND VENUE 1. This is a civil action arising under the Fourteenth Amendment to the United States Constitution, The Civil Rights Act of 1964 42 U.S.C. ?l983 and ?1988, The Americans with Disabilities Act 42 U.S.C. ?12101 et seq., ?504 ofthe Rehabilitation Act of 1973- 29 U.S.C. ?794, and The Illinois Constitution, Article I ?2 and ?12 and State Law- 735 ILCS 51?2-1704, 740 ILCS 235, 740 ILCS 180.01 et seq. and 7551LCS ?5/27-6. 1 1 Page 2 of 17 The Court hasjurisdiction of this matter pursuant to 28 U.S.C. ??133 1, l343(a)(3), and also supplemental jurisdiction of state claims pursuant to 28 U.S.C. ?1367. 3. This judicial district is the appropriate venue under 28 U.S.C. ?1391(b) and 1) because the events giving rise to the suit occurred in this judicial district. PARTIES 4. Plaintiff, Toya Frazier, was at all times relevant a resident of the State of Illinois and the City of Urbana. 5. Toya Frazier?s Administrator, Jacqueline Jones, brings this suit. 6. Defendant Dan Walsh was at all times relevant the Sheriff of Champaign County, Illinois acting under color of state law and is sued in his individual and of?cial capacities. He was at all times relevant an elected of?cial in charge of the Champaign County Jail. The Champaign County Jail operated by Champaign County is a part of the Sheriff?s department, which is a local unit of government formed to incarcerate violators of the law. 7. Defendant Cecile Kemp, RN was at all times relevant a licensed nurse who is employed by Champaign County Jail operated by Champaign County to provide health care to inmates, acting under color of state law, and is sued in her individual capacity. 8. Defendant Beth Novak, RN was at all times relevant a licensed nurse who is employed by Champaign County Jail operated by Champaign County to provide health care to inmates and supervise the staff of nurses also employed by Champaign County Jail operated by Champaign County, acting under color of state law, and is sued in her individual capacity. 9. Defendant Clayton Goodwin, a Champaign County Jail correctional officer, was at all times relevant employed by Champaign County Jail operated by Champaign County. He is 1 Page 3 of 17 sued in his individual capacity at all time relevant hereto he was acting under color of state law and within the course and scope of employment. 10. Defendant Sergeant Arnold Mathews, a jail supervisor who was at all times relevant employed by Champaign County and responsible for employees of Champaign County Jail operated by Champaign County. He is sued in his individual capacity at all time relevant hereto he was acting under color of state law and within the course and sc0pe of employment. 1 1. Defendant Champaign County Illinois is joined in this action pursuant to Carver v. Sheiffof LaSalle County 145 Ill.2d R.20. (7th Cir. 2003) FACTS 12. Plaintiff reincorporates and realleges paragraphs 1-1 1 as if fully incorporated and set forth herein. 13. The Plaintiff, at all times relevant had the following medical conditions: Hypertension, Morbid Obesity, Insomnia, Gastroesophageal Re?ux Disease, Joint pain of lower extremities and a long-standing polysubstance abuse history. 14. Plaintiff was charged with Felony Theft and turned herself in on November 30, 2015, and put into a medical holding cell at the Champaign County Jail operated by Champaign County while she awaited transfer to a prison. Upon arrival to the Champaign County Jail operated by Champaign County on November 30, 2015, the Plaintiff noti?ed the Correctional Of?cers of her medical issues and was put on the Medical Watch List. 1 Page 4 of 17 16. Plaintiff was initially placed in cell F2, with a mandate that a correctional of?cer check in on her every 13 minutes. 17. At or about 7:00 pm on November 30, 2015, the Plaintiff was placed in cell [-14 with another female inmate. 18. At or about 2:00 am on December 1, 2015, the Plaintiff cried out in pain, screaming and crying in her cell because of intense abdominal pain. 19. At or about the same time and date, the Plaintiff was banging on the cell door pleading for help. 20. At or about 2:30 am or 3:00 am, the Plaintiff was moaning and groaning very loudly. 21. At or about the same time and date, Defendant Mathews asked the Plaintiff to stop moaning and groaning, as it was waking the other inmates. 22. At or about 2:50 am, after her cries for help continued, Defendant Mathews order that the Plaintiff be moved to cell Hl by herself. 23. At or about 6:15 am, a male inmate heard the Plaintiff?s continual cries for help and heard her kicking the door of her cell. 24. At or about 6:30 am, a correctional of?cer asked the Plaintiff what was wrong with her stomach, to which the Plaintiff responded ?heroin?. 1 Page 5 of 17 25. At or about the above time and date, defendant Mathews sent an email to the medical staff at the jail, stating ?Inmate Frazier?s stomach hurts due to heroin withdrawal. Can you see her at your early (sic) convenience?? 26. At or about 7:30 am. a correctional of?cer sought out and noti?ed Defendant Novak about the Plaintiff 8 need for medical treatment. 27. At or about 1 1:30 am, Defendant Novak completed a COWS screening which indicated that the Plaintiff could begin treatment for heroin withdrawal. 28. At or about the above time and date, Defendant Novak notified a doctor that the Plaintiff needed to begin the medical regimen which treats heroin withdrawals and was given permission to proceed. 29. At or about 2:30 pm, Defendant Kemp attended to the Plaintiff and advised the Plaintiff that she would receive her next treatment between 4:00 pm and 4:30 pm. 30. At or about 3:23 pm, the Plaintiff removed items from her toiletry bag and appeared to place 3 to 4 items in her mouth. 31. At or about 3:50 pm. the Plaintiff appeared to have a small seizure. At no point after this time did the Plaintiff move. 32. At or about 4:43 pm, Defendant Goodwin brought food to the Plaintiffs cell and left the tray on the sink. 33. At or about 5:00 pm, a correctional of?cer and a daytime trustee were collecting the evening meal trays and noticed that the Plaintiff did not touch her meal. 1 Page 6 of 17 34. After shouting into the Plaintiff 3 face, the correctional of?cer found that the Plaintiff was unresponsive and was not breathing. 35. The correctional of?cer noti?ed a sergeant for assistance. 36. At or about 5:1 1 pm, the sergeant advised the correctional of?cer that he had called for emergency medical assistance, after which he shouted in the Plaintiffs face, attempting to awaken her. 37. At or about 5:17 pm, Arrow Ambulancc personnel arrived and found the Plaintiff unresponsive, and transported her to Carle Hospital. 38. At 5:46 pm, the plaintiff was pronounced dead by the attending physician. 39. At 10:00 pm, Champaign County Deputy Coroner Jeff Zumwalt noti?ed the Plaintiffs sister that the Plaintiff had died. COUNT I: Constitutional Depravation of Plaintiff?s Constitutional Rights Pursuant to 42 U.S.C. ?1983 40. Plaintiff reincorporates and realleges paragraphs 1-39 as if fully incorporated herein. 41. Defendants Walsh, Novak, and Mathews are the supervisory of?cials responsible for development and implementation of policies and procedures for the identi?cation and handling of inmates suffering serious medical conditions, including drug withdrawal. 42. By and through their agents, Defendants Walsh, Kemp, Novak, Goodwin, Mathews, and Champaign County are responsible for conduct of the employees of Champaign County Jail operated by Champaign County and the well-being of its inmates. 1 Page 7 of 17 43. Because the Plaintiff Toya Frazier had no control over her con?nement, the Champaign County Sheriff?s Department had an absolute duty to care for and ensure the Plaintiffs well-being and safety. 44. After being made aware of the Plaintiff?s medical condition and emergency medical needs, the Defendants exercised deliberate indifference to the Plaintiffs serious medical needs by failing to provide requested and necessary medical treatment and failing to respond to the Plaintiffs increasing pleas for medical assistance. 45. The failure to act on and respond to the Plaintiffs serious medical needs and medical emergency proximately caused, in whole or in part, her conscious pain and suffering and her death, depriving the Plaintiff her rights under the Fourteenth Amendment and in Violation of 42 U.S.C. ?1983. COUNT II: Custom and Policy of Deliberate Indifference Pursuant to 42 U.S.C. 81983 46. Plaintiff reincorporates and realleges paragraphs 1-39 as if fully incorporated herein. 47. Defendants Walsh, Novak, and Mathews are the supervisory of?cials responsible for development and implementation of policies and procedures for the identi?cation and handling of inmates suffering serious medical conditions, including drug withdrawal. 48. Defendants Walsh, Novak, Mathews, and Champaign County were aware, because of the thirteen deaths which have taken place in the Champaign County Jail since 2004, of the need for appropriate policies and procedures concerning the identi?cation and handling of inmates suffering serious medical conditions, including drug withdrawal. 1 Page 8 of 17 49. Despite knowledge of this need, Defendants acted with deliberate indifference and failed to develop and implement adequate policies and procedures to ensure the safety and livelihood of the inmates housed in Champaign County Jail operated by Champaign County. 50. It was reasonably foreseeable, that without such policies and procedures, inmates such as the Plaintiff, suffering from serious medical conditions, would continue to suffer without medical treatment at the hands of the Defendants. 51. Due to the Defendants? failure to develop such policies and procedures as would train employees to treat medical conditions and emergencies appropriately, the employees at the jail failed or refused to provide the Plaintiff with necessary medical care, thereby proximately causing in whole or in part her conscious pain and suffering and her death, depriving the Plaintiff her rights under the Fourteenth Amendment and in violation of 42 U.S.C. ?l983. COUNT Failure to Train and Supervise Pursuant to 42 U.S.C. 81983 52. Plaintiff reincorporates and realleges paragraphs 1?39 as if fully incorporated herein. 53. Defendant Walsh was aware of the need for appropriate policies and procedures to monitor and discipline jail employees to prevent illegal and unconstitutional behavior by employees against inmates housed in the Champaign County Jail operated by Champaign County. 54. The Defendant failed to develop and implement such policies and procedures, thereby enabling jail employees to act in such a way that violates the constitutional rights of the inmates, including the Plaintiff, without fear of reprimand, discipline, or criminal prosecution. 1 Page 9 of 17 55. This failure created an atmosphere ripe for such abuses to take place with deliberate indifference to the constitutional rights of the inmates housed in the Champaign County Jail operated by Champaign County with malicious intent without being held accountable for such reckless disregard for the aforementioned constitutional rights. COUNT IV: Violation of the Americans with Disabilities Act and Section 504 Rehabilitation Act 56. Plaintiff reincorporates and realleges paragraphs 1-39 as if fully incorporated herein. 57. hampaign County Jail operated by Champaign County is a local governmental entity which engages in offering and providing care and medical services to members of the public who are inmates therein, and which receives federal funding. 58. Champaign County Jail operated by Champaign County is required to comply with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. 59. The Plaintiff qualifies as a person with a disability due to her history of substance abuse, and required such care as is guaranteed all disabled persons by the Americans with Disabilities Act. 60. The Defendant supervises and oversees all employees and their activities at Champaign County Jail operated by Champaign County and is responsible for enforcing employee compliance with the Americans with Disabilities Act. Defendant Champaign County through willful and wanton conduct, violated the Americans with Disabilities Act by failing to provide adequate medical attention and care for the Plaintiff and accommodate her severe impairment. 9 1 Page 10 of 17 COUNT V: Wrongful Death Pursuant to 740 ILCS et seq. 62. Plaintiff reincorporates and realleges paragraphs 1?39 as if fully incorporated herein. 63. Plaintiff brings this action pursuant to the Illinois Wrongful Death Act (740 ILCS 180 et seq). 64. The Defendants failed to provide adequate medical care to an inmate about whose medical conditions they had preexisting knowledge. 65. The Defendants failed to provide adequate medical attention and check on her every 13 minutes as is protocol in Champaign County Jail operated by Champaign County. 66. The Defendants, through their agents, did not check on the Plaintiff in accordance with the standards set out by their medical watch procedures. 67. The Defendants? failure resulted in the Plaintiffs untimely and unnecessary death. 68. On information and belief, at all relevant times, it was the duty and responsibility of the Defendants to exercise reasonable care to provide for the medical needs of the Plaintiff and all other inmates housed within Champaign County Jail operated by Champaign County. 69. As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions and the Defendant?s breach of duty, the Plaintiff suffered injuries that ultimately resulted in her untimely death. 70. The family of the Plaintiff has unexpectedly lost forever a loved one. The Plaintiff was a loving grandmother who doted on her seven grandchildren. 10 Page 11 Of 17 71. The Plaintiff?s family is not only grieving over their sudden loss but must also cope with the unexpected expense associated with her passing. 72. As a direct and proximate result of the breach of Defendant?s duty, the Plaintiff?s survivors suffered pecuniary loss and have been deprived of society, companionship, love, and affection of their sister, mother, and grandmother. 73. Defendants owed a duty to provide professional and responsible health services too the Plaintiff. Notwithstanding this duty, after being made aware that the Plaintiff required emergency medical care, Defendants, acting in accordance with their policies and procedures, willfully, wantonly, 0r negligently refused to take action to provide the Plaintiff with medical care, thereby proximately caring, in whole or in part, her conscious pain and suffering and her death. COUNT VI: Medical Malpractice Pursuant to 735 ILCS 85/2-1704 74. Plaintiff reincorporates and realleges paragraphs 1?39 and 62-73 as if fully incorporated herein. 75. The Plaintiff is a resident of Urbana, Champaign County, Illinois. 76. On or about November 30, 2015 and December '1 2015, Defendants Kemp and Novak were nurses licensed to practice medicine in the State of Illinois, and regularly engaged in the practice of medicine in Champaign, Illinois. 77. On or about November 30, 2015 and December 1, 2015, Defendants Kemp and Novak held themselves out as being duly competent and quali?ed to render medical care, attention and treatment to the general public. 11 1 Page 12 of 17 78. On or about November 30, 2015 and December 1, 2015, Defendants Kemp and Novak were employees or agents of Champaign County. 79. On or about November 30, 2015 and December 1, 2015, Defendants Kemp and Novak had medical privileges in hampaign County. 80. On or about November 30, 2015 and December 1, 2015, Defendants Kemp and Novak negligently failed to provide medical services to the Plaintiff in Urbana, Champaign County, Illinois. 81. On or about November 30, 2015, Defendant Novak provided the Plaintiff with medication commonly prescribed to treat withdrawals in patients with a history of substance abuse. 82. On or about November 30, 2015 and December 1, 2015 Defendants Novak and Kemp owed a duty of care to the Plaintiff to perform their duties within an acceptable standard of medical care within the medical community. Attached hereto and incorporated herein as Exhibit 1 is Plaintiff?s ?622 Af?davit. 83. Defendants Kemp and Novak breached this standard of care by initiating treatment of the Plaintiff? withdrawal but failing to provide subsequent treatments, causing the Plaintiff physical, mental, emotional injury, and ultimately, death. 84. As a direct and proximate result of the breach of the applicable standard of medical care by Defendants Kemp and Novak, the Plaintiff was found unresponsive at 5:11 pm, after the Defendants failed to provide the Plaintiff with her required treatment at 4:30 pm. 12 1 Page 13 of 17 85. All of the injuries and damages sustained by the Plaintiff were the direct and proximate result of the negligent acts of Defendants Kemp and Novak without any act or omission on the part of the Plaintiff. COUNT VII: Negligence Pursuant to 755 85/27-6 86. Plaintiff reincorporates and realleges paragraphs 1-39 and 62-85 as if fully incorporated herein. 87. Defendants Sheriff Dan Walsh and Champaign County Jail operated by Champaign County, by and through its agents, had a duty to provide security and supervision to all inmates. 88. The Defendants provide said security and supervision in a number of ways, one of which is searching incoming inmates for contraband. 89. The Defendants have a duty to ensure that the inmates do not have or possess on their person or in their cell contraband or other items prohibited by Champaign County Jail operated by Champaign County. 90. Upon arrival, a corrections of?cer at Champaign County Jail operated by hampaign County expressed doubt as to when or where the Plaintiff was searched. 91. The corrections of?cer did not conduct a search of the Plaintiff. 92. The Plaintiffwas strip-searched by a corrections of?cer after her arrival to Champaign County Jail operated by Champaign County, but only when the Plaintiff was prepared to shower. 13 Page 14 Of 17 93. The corrections of?cer who strip-searched the Plaintiff took the Plaintiffs ?street clothes? into her possession. 94. At approximately 3:23 pm on December 1, 2015, the Plaintiffis seen taking a tissue out of her toiletry bag, and places several items into her mouth one by one, as if eating something. 95. At approximately 3:50 pm, the Plaintiff had a small seizure and did not move at all after that event. 96. The coroner?s report shows that the Plaintiffs cause of death was toxicity and misuse. 97. The Champaign County Jail operated by Champaign County also had a duty to provide the Plaintiff with proper supervision to ensure that the Plaintiff would not obtain or use medications that would cause harm to her health. 98. The Champaign County Jail operated by Champaign County, by and through its agents, also had a duty to search and seize any contraband brought into the jail by inmates. 99. Because of the negligence of the Defendants Sheriff Dan Walsh, Nurse Cecile Kemp, Nurse Beth Novak, Correctional Of?cer Clayton Goodwin, Sergeant Arnold Mathews, and Champaign County Jail operated by Champaign County by and through its agents, the Plaintiff suffered in pain for hours before losing her life. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays forjudgment on as follows: 14 Page 15 Of 17 On all Counts: a. Compensatory general and special damages in accordance with proof; and b. Costs of suit necessarily incurred herein; and c. Such further relief as the Court deems just or proper; and On Count I and Count 11: d. Reasonable Attorney?s fees and expenses of litigation; and e. Punitive damages against defendants (except the immune entity defendants) in an amount suf?cient to punish those defendants and to deter further misconduct; and f. Compensatory damages related to the heirs of Toya Frazier and their loss of society and companionship, loss of ?nancial support; and On Count IV: g. Compensatory general and special damages in accordance with proof; and h. Costts of suit necessarily incurred herein; and i. Reasonable Attorney?s fees and expenses of litigation; and j. Such further relief as the Court deems just or proper; and On Count V, Count VI, and Count VII: k. Statutory damages as allowed. TOYA FRAZIER, Deceased, by her Administrator JACQUELINE JONES, Plaintiff By: s/ Shayla Maatuka Shayla Maatuka of Dodd Maatuka 15 1 Page 16 of 17 JURY DEMAND Plaintiff hereby demands a trial by jury. Date: 12/1/2015 By: s/Shayla Maatuka Shayla Maatuka of Dodd Maatuka RULE 222 AFFIDAVIT NOW COMES your Af?ant, SHAYLA MAATUKA of DODD MAATUKA, ?rst being duly sworn on oath and states that the total damages sought in the above-referenced matter exceed $50,000.00. Date: 12/1/2015 By: s/Shayla Maatuka Shayla Maatuka of Dodd Maatuka SUBSCRIBED and SWORN to before me OFFICIAL SEAL this day of December 2016. Sta McCulle Notary Pubic - State Illinois My Commission Expires 6/21/2020 s/Stacy McCulley Notary Public Shayla Maatuka of DODD MAATUKA 303 S. Mattis, Suite 201 Champaign, IL 61821 Telephone: 217.356.9500 Facsimile: 217.355.1358 Shayla@madelaw.net 16 Page 17 Of 17 VERIFICATION Under penalties as provided by law pursuant to Section 1?109 of the Code of Civil Procedure, the undersigned certi?es that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters, the undersigned certi?es as aforesaid that the undersigned believes the same to be true. s/Jacq ueline Jones JACQUELINE JONES, Administrator for TOYA FRAZIER, Deceased, Plaintiff Shayla Maatuka of DODD MAATUKA 303 S. Mattis, Suite 201 Champaign, IL 61821 Telephone: 217.356.9500 Facsimile: 217.355.1358 shayla@madelaw.net 17