STATE OF NEW YORK COUNTY OF BROOME MICHAEL HUSAR and DIANE HUSAR, Individually and as Co-Administrators and Representatives of the Estate of THOMAS HUSAR, Claimants, against NOTICE OF CLAIM THE COUNTY OF BROOME, BROOME COUNTY SHERIFF DAVID E. HARDER, and JOHN and/or JANE DOES, as EMPLOYEES OF BROOME COUNTY. Respondents. STATE OF NEW YORK COUNTY OF BROOME 55: MICHAEL HUSAR and DIANE HUSAR, individually and as the co- administrators and representatives of the estate of decedent, THOMAS HUSAR, as and for their claims against the County of Broome, Broome County Sheriff David E. Harder, and currently unidentified employees of Broome County, set forth the following under oath: l. The names and address of the claimants are as follows: MICHAEL HUSAR and DIANE HUSAR a ew York 13901 2. The claimants are represented by Schlather, Stumbar, Parks Salk, LLP, Raymond M. Schlather, Esq., of counsel, of 200 East Buffalo Street, 1 Post Office Box 353, Ithaca, New York 14851?0353, telephone number (607) 273~2202. 3. The claims are against Broome County, Broome County Sheriff David E. Harder, and currently unidentified employees and agents of Broome County, in their capacities as employees and individuals, who are responsible for the actions and inactions involving claimants and claimants? decedent that are described and referenced herein. The nature of the claims is in tort and for violations of federal and state constitutional and statutory rights. They include: wrongful death; negligence; recklessness; medical malpractice; other torts; and violations of Thomas Husar?s federal and state constitutional and statutory rights, including rights of due process, rights to equal protection under the laws, rights to life and the pursuit of happiness, rights to adequate medical care and safety while in custody, rights to be free of unreasonable and excessive penal conditions and punishment, rights to live in a safe and secure environment, and rights to exist under conditions of basic human decency, as well as violations of 42 USC 1983, the New York State Corrections Law and related rules and regulations. The claims arise out of the incarceration of Thomas Husar in the Broome County Jail during the period of October 2019 through November 6, 2019. The claims also include a claim for punitive damages arising out of the deliberate indifference, and the knowing, intentional, cruel and 2 malicious - even criminal actions and omissions that respondents displayed to Thomas Husar during the hours immediately prior to his death, when he, and otherjail residents on his behalf, cried out for help and was obviously in need of emergency medical care. 4. The time when, the place where, and the manner in which the claims arose are as follows, upon information and belief: Thomas Husar (?Thomas?) bled out and needlessly died in Broome County, New York on Wednesday, November 6, 2019 at approximately 4 A.M. The coroner has listed the cause of death as exsanguination (bleeding out) due to an ulceration of an artery that had been ongoing for hours prior to death; the arterial bleed in turn was caused by a duodenal ulcer that had existed in Thomas, untreated, for weeks. Starting at about 2 P.M. on Tuesday afternoon, November 5, 2019, and continuing for the last twelve to fourteen hours of his life, Thomas' medical condition deteriorated, and visibly so. He called for help from his cell in the Broome County Jail. Jail personnel were aware of Thomas? condition and these calls and failed to respond in any helpful way. Indeed, some jail personnel callously told other jail personnel to ?ignore him", and no life-saving measures were implemented or even attempted. Finally, at 2:38 A.M. on Wednesday, November 6, 2019, jail personnel found Thomas collapsed and nearly unconscious on the floor of his cell. As he was removed, he called out for his Mom and Dad. He was taken to the hospital and 3 pronounced dead shortly thereafter. Thomas (DOB: 10/26/1979) was born and raised in Binghamton, New York. He was a basketball coach who played basketball through college, and thereafter coached first at a high school in North Carolina and then at a College in New York City. He returned to Binghamton, because he had been stricken with a rare, incurable disease called Systemic Mastocytosis and related Mastocytic enteritis, and could no longer work full?time. This disease caused chronic severe abdominal pain, left periaural headache, intermittent vomiting, and a variety of intermittent neurological complications, among other There is no cure and no known medical treatment for this disease. The only available medications that could be and were prescribed for Thomas by his doctors were high dose, long?acting narcotic analgesics (OxyContin SR and similar opioids) and histamine blockers. Thomas? treating doctors, primarily located in New York City, were clear in their orders and prescriptions that Thomas must always take his pain medications in order to function at any level. Accordingly, Thomas had been prescribed and had been taking high doses of opioids since 2009. One of Thomas? doctors in New York City described Thomas' disease 4 as ?poorly understood? and a ?bizarre illness". Unfortunately, as Thomas struggled to live ?normally?, he encountered the law (DWAI, drugs, a misdemeanor) and was placed on probation. Then, under almost surreal circumstances, he was jailed for allegedly violating his probation because he had traveled to New York City for medical treatment without first clearing the trip with his probation officer (notwithstanding that he possessed an open?ended ?travel permit" for such medical purposes that had been issued by the same probation officer in September 2018). In a further Kafka?esque twist, he remained incarcerated for more than three weeks in this misdemeanor case, without seeing a lawyer, and without being brought back before the Court for further bail consideration (upon his arrest, a Judge had remanded him without bail). His court date of November 4, 2019, was rescheduled at the last minute without explanation, and set down for the morning of November 6, 2019, after Thomas? death. Importantly, at all times pertinent herein, Broome County Jail personnel were fully aware of Thomas? medical condition and the related need for appropriate medical care and medication. Nevertheless, while in the custody of the Broome County Sheriff and Broome County, the respondents failed to provide the medical care and treatment that were required under the circumstances and by law. Thomas had no other way to get the medical care he required; he was at the complete mercy of the 5 respondents. Remarkably, when Thomas first was taken into custody by the respondents, he apparently suffered a seizure, received some medical care, and was placed in the Medical Unit of the Broome County Jail for a period of time before being placed among the general population of the jail. Approximately one week before his death, a Broome County Corrections Officer requested that Thomas be returned to the Medical Unit because of his medical condition. But, for reasons that never have been explained to Thomas or his family, that did not happen. Since July 2011 the Broome County Jail has had eleven documented unusual deaths, including the death of Thomas. Notwithstanding the heightened public and official scrutiny because of those deaths, the respondents have failed to make the necessary changes and to implement the necessary corrective measures to protect the jail population, including Thomas, with respect to providing basic medical care and engaging related safety factors. By reason of the foregoing, the respondents have violated the standards of care that are applicable under the circumstances both in terms ofjail safety and operations, and in terms of providing medical care and treatment to individuals in custody. These standards of care are statutory, regulatory, constitutional and within the norms of the medical profession and corrections operations. 6 All of the foregoing acts and omissions occurred in Broome County, New York. 5. The items of damage sustained by claimants and claimants? decedent include but are not limited to: loss of life; extreme pain suffering and mental anguish; pre?death conscious terror and related anxiety; loss of enjoyment of life; funeral, burial and related expenses; and other economic loss. 6. Michael Husar and Diane Husar were issued letters of administration by the Surrogate's Court of Broome County, State of New York on or about January I 3 2020, with full authority to pursue these claims. BY REASON OF THE FOREGOING, Claimants, both individually and on behalf of Claimants' decedent, Thomas Husar, make claim against the respondents for five million dollars plus punitive damages and for such other and further relief which is just and proper, including interest and attorneys? fees and costs as may be recoverable by law. DATED: Binghamton, New York January 2020 L. X. p; elf/?x/L?r F) (J "Michael Husar . taint: .- mar (1, It Diane Husar VERIFICATION STATE OF NEW YORK COUNTY OF BROOME 55: Michael Husar, being duly sworn, deposes and says that he is a claimant in the above action and is the duly appointed co-administrator of Thomas Husar, the decedent, and is properly authorized to makes claims on the decedent?s behalf; that he has read the foregoing Notice of Claim and knows the contents thereof; that the same is true to his own knowledge except as to those matters therein stated to be true upon information and belief, and, as__.t those matters, he believes them to be true. ?ye Cup E1, i115) . Michael Husar Sworn to me on this Eq da} ofJanuary, 2020 will AWIIWJ NOTARY PUBLIC LAURA BLIZNIK Notary Public- Stale of New York No D1BL8371152 Qualified in Broome County Commission Expires February 26 STATE OF NEW YORK COUNTY OF BROOME 53: Diane Husar, being duly sworn, deposes and says that she is a claimant in the above action and is the duly appointed co- -administrator of Thomas Husar, the decedent, and is properly authorized to makes claims on the decedent?s behalf, that she has read the foregoing Notice of Claim and knows the contents thereof, that the same is true to her own knowledge except as to those matters therein stated to be true upon information and belief, and, as to those matters, she believes them to be true. . Diane Husar Sworn to me on this if? day of January, 2020 #3va PUBLIC LAURA BLIZNIK Notary Public-State of New York No. 018L6371182 Qualified in Broome County Gammlsoion Expires February 26, y20__