Case 4:13-cv-00927-RBP Document 1

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FILED
2013 May-16 PM 04:22 U.S. DISTRICT COURT N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION ESTATE OF Dwana Voncia LONDON-RICHARDSON, and her Representative, Ayunna Johnae London, her natural daughter, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NUMBER: __________ PLAINTIFF DEMANDS A JURY TRIAL

TERRY SURLES, Sheriff of St. Clair County, in his official capacity as Sheriff of St. Clair County and Individually; AUSTIN NASH, Jail administrator, ) in his official and individual capacity ; ) Terry Marcrum, Jail Administrator ) in his official capacity and individually ; ) DEPUTIES JOHN DOE, St. Clair ) County, Deputies in his official and ) individual capacity; JAILERS JOHN ) DOE, St. Clair County Jailer, ) in their official capacity and Individually;) SOUTHERN HEALTHCARE ) PARTNERS, LLC; DRS. JOHN ) DOE, whose identities are is more ) particularly described below; ) JENNIFER EISEL; NURSES JANE ) DOE whose identities are is more ) particularly described below; ) ) Defendants. )

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COMPLAINT COMES NOW the Plaintiff, Ayunna Johnae London, on behalf of her mothers, Dwana Voncia London-Richardson, Deceased, Estate, by and through her attorney of record, Charles C. Tatum, Jr., and files this Complaint, and shows unto this honorable court as follows: I. Introduction: 1. This is a civil action for compensatory and punitive damages and for declaratory relief. Plaintiff request this honorable court declare that the acts and/or omissions by the defendants were unconstitutional under the United States Constitution; and by an award of compensatory and punitive damages, compensate her for the violations of her constitutional rights sufficient to deter the defendants in such unconstitutional acts and/or omission. II. Jurisdiction and Venue: 2. This action arises under and is brought pursuant to 42 U. S. C., Section 1983, to remedy the deprivations, under color of state law, of rights guaranteed by the Fourth, Eighth and Fourteenth Amendments to the United States Constitution. This court has jurisdiction over this action pursuant to 28 U. S. C., Sections 1331 and 1343. The court has
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jurisdiction over the plaintiffs supplemental state law claims pursuant to 28 U. S. C., Section 1367(a). 3. Plaintiffs claims for declaratory relief are authorized by 28 U. S. C., Sections 2201 and 2202 and Rule 57 of the Federal Rules of Civil Procedure. 4. Venue in this action is proper in the Middle Division of the Northern District under 28 U. S. C., Section 1391(b) because the defendants reside in the Middle Division of the Northern District and because a substantial part of the events or omissions giving rise to the plaintiffs claim occurred in the Middle Division of the Northen District. III. The Parties: 5. The plaintiff, Ayunna Johnae London, is the daughter of Dwana Voncia London-Richardson, Deceased. The plaintiff and her mother were residents of Jefferson County, Alabama at all times relevant hereto. 6. Dwana Voncia London-Richardson died at the St. Clair County Courthouse, while in Defendant, Terry Surless, custody, on May 23, 2011. She was only 45 years old. 7. The Defendant Terry Surles, was at all times relevant to this complaint, the Sheriff of St. Clair County. This defendant is sued in both his
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official capacity and in his individual capacity. 8. The Defendants, Deputies John Doe, were at all times relevant to this complaint, St. Clair County deputies (whether male or female) at the St. Clair County Jail whose true names are unknown. Their identities will be substituted with there true name upon ascertainment of the same. Deputies John Doe were present and/or worked at the St. Clair County Jail on shifts, starting the morning of May 20, 2011, and ending on May 23. 2011. They were responsible for regularly checking inmates cells and condition and for insuring that inmates received appropriate medical attention for the medical needs. They had the authority to transport inmates, including Ms. Richardson to the hospital, or make arrangements for said transport and to request and obtain medical care for Ms. Richardson for her serious medical needs during the time period of May 19, 2011-May 23, 2011. Deputies John Doe may have also transported Dwana Voncia London-Richardson to the St. Clair County Courthouse on the morning she died and had her in his care and custody when she passed out in the courtroom. These defendant are sued in both their official capacity and in their individual capacity. 9. The Defendant, Austin Nash, was at all times relevant to this complaint,
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a jailer and Jail Administrator for the St. Clair County Jail. This defendant is sued in both his official capacity and in his individual capacity. 10. The Defendant, Terry Marcrum, was at all times relevant to this complaint, a jailer and a Jail Administrator at the St. Clair County Jail. This defendant is sued in both his official capacity and in his individual capacity. 11. The Defendants, Jailers John Does, were at all times relevant to this complaint, the jailers (whether male or female) at the St. Clair County Jail whose true names are unknown. There identity will be substituted with there true name upon ascertainment of the same. Jailers John Doe worked at the St. Clair County Jail on shifts, starting the morning of May 20, 2011, and ending on May 23. 2011. They were responsible for regularly checking inmates cells and condition and for insuring that inmates received appropriate medical attention for the medical needs. They had the authority to transport inmates, including Ms. Richardson to the hospital, or make arrangements for said transport and to request and obtain medical care for Ms. Richardson for her serious medical needs during the time period of May 20, 2011-May 23, 2011. One of
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these defendants may have also transported Ms. Richardson to the courthouse on the day that she died. These defendant are sued in both their official capacity and in their individual capacity. 12. The Defendant, Southern Healthcare Partners, LLC., (hereinafter Southern Healthcare,), is a domestic limited liability company whose principal address is Phenix City, Alabama. Southern Healthcare contracted with St. Clair County to provide medical services for the St. Clair County Jail. 13. The Defendant, Defendant Drs. John Doe(s), were doctors or member of the medical staff, responsible for providing medical care and treatment to Dwana VonciA London-Richardson, Deceased, while the Deceased was incarcerated in the St. Clair County Jail during the time period starting on May 19, 2011, and ending on May 23, 2011. These defendants may or may not have been employees of Southern Healthcare Partners. These defendants names are unknown, but will be substituted promptly upon discovery of the same. 14. The Defendant, Jennifer Eisel, was an employee of Southern Healthcare Partners and was the administrator over the over the nursing department at St. Clair Jail. She was a policymaker for Southern Healthcare
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Partners. This defendant is sued in both her official capacity and in his individual capacity. 15. The Defendant, Nurses Jane Doe(s), were the nurses or member of the medical or other employees of the named defendants herein, responsible for providing medical care and treatment to Dwana VonciA LondonRichardson, Deceased, while the Deceased was incarcerated in the St. Clair County Jail during the time period starting on May 19, 2011, and ending on May 23, 2011. These defendants may or may not have been employees of Southern Healthcare Partners. These defendants names are unknown, but will be substituted promptly upon discovery of the same. 16. Defendants, Eisel, Drs John Doe and Nurses Jane Doe, were agents and/or employees of Southern Healthcare Partners LLC. acting within the line and scope of their employment while committing all of the acts complained of herein. Therefore, Southern Healthcare Partners LLC. is liable for said defendants actions under the doctrine of respondeat superior for all state law claims alleged against said defendants herein. 17. Defendant Eisel was a policy maker for Southern Healthcare Partners LLC. while committing all of the acts complained of herein. Therefore
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her acts and wrongful conduct are directly attributable to Southern Healthcare LLC under 42 U.S.C. Section 1983. IV. Factual Allegations Common to Each Cause of Action1 18. That on or about May 19, 2011, Ayunna Denae London, (Ayunna) was driving one of her mothers, Dwana Voncia London-Richardsons, friends to work in the Tarrant City, Alabama area. Ms. Richardson rode in the car with her daughter and her friend. 19. A Tarrant City Police officer pulled Ayunna Londons vehicle over because one of her headlights was not working. 20. The police officer ran the names of all passengers in the car and stated that Ms. Richardson who was riding in the passengers seat, had an outstanding warrant on her in St. Clair County for failure to pay a traffic fine for a ticket that she received in 2008. 21. The police officer arrested Ms. Richardson on the warrant and took her to the Tarrant City Jail, where St. Clair County deputies came, took Ms. Richardson into custody, transported Ms. Richardson to and incarcerated Ms. Richardson in the St. Clair County Jail.

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22.

While Ms. Richardson was a large woman, at the time that the Tarrant Police Officer arrested Ms. Richardson, she walked normally for a person of her size and showed no signs of physical illness, injury or distress.

23.

The following day, Ayunna London went to the jail and gave the jailers all of her mothers medication, some socks and her mothers Bible.

24.

The following day, Ayunna and several of her mothers friends went to the St. Clair County Jail to visit her mother.

25.

When Ms. Richardson entered the visitation area, Ayunna immediately noticed that something was wrong with her mother.

26.

Ms. Richardson was walking very slowly and dragging her feet. She was sweating and having problems breathing. She sat down and Ayunna asked her what was wrong.

27.

Ms. Richardson told Ayunna that she was sick, that both her legs were hurting her so badly that she could not walk to the tray area to pick up her food, and that they would not give her her medicine.

28.

Ms. Richardson told Ayunna that several of the inmates were trying to help her out by going to get her tray for her, since she could hardly walk, but the jailers told them that they were babying her, and moved Ms.
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Richardson to a different area in the jail, away from the inmates that were trying to help her. 29. Nurse Jane Doe was on duty at the time. Ms. Richardson pointed Nurse Jane Doe out to Ayunna, and they called Nurse Jane Doe over. Ms. Richardson told the nurse that she was still having trouble breathing and walking and that her legs were hurting bad. Ayunna asked Nurse Jane Doe what was wrong with her mother and why she was not being given her medication. 30. Nurse Doe responded that she could not discuss patient information with Ayunna. Ayunna told Nurse Doe, that they needed to check her mother, and that they need to give her mother her medication because she needed it. 31. 32. 33. Ayunna and her friends left the jail. After they left, Ms. Richardsons condition continued to deteriorate. By Saturday, the defendants knew that Ms. Richardsons condition had deteriorated to the point that she could hardly walk, she was suffering from severe pain in both legs, and she could hardly breath. 34. Despite having such notice, the defendants failed to take Ms. Richardson to the hospital or to provide her with necessary medical care for her
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serious medical condition. 35. Ayunna went all day Sunday without hearing from, or talking to her mother. She attempted to call the jail but noone would answer the line. 36. Sunday night, Ayunna received a call from a jail inmate, telling her that her mother had asked that she call and tell Ayunna that she had been moved to medical lockdown by the defendants. 37. Ms. Richardsons court date was scheduled for the following morning at 10:00 a.m. 38. Ayunna headed to the St. Clair County Courthouse early that morning. She could not locate where court was being held. She saw Deputy (or Jailer) John Doe standing at the fire station, talking to a fire-fighter so she pulled into the station to ask where court was being held. 39. When she pulled into the fire station, she saw was her mother lying on the ground next to the police car with her legs extended under the police car. 40. She asked them what had happened and her mother told her that she did not know, that she had just passed out. Ms. Richardson was sweating and struggling breathing. 41. Ayunna had one of her mothers asthma pumps in her car so she asked
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if her mother could sit in her car and get some air. 42. Ayunna gave her mother the asthma pump but it was not working. Her mothers breathing continued to get worse. 43. Ayunna told Deputy (or Jailer) Doe that her mother needed to go to the hospital. 44. Deputy (or Jailer) Doe told Ayunna no, that Ms. Richardson needed to go to court or she would be locked up until she could get another court date. 45. Ms. Richardson was unable to walk. Deputy (or Jailer) Doe obtained an office chair from the courthouse and they used it to wheel Ms. Richardson to the courtroom. 46. Ayunna set beside Deputy (or Jailer) Doe and her mother, fanning her mother whose breathing continued to get worse. 47. After waiting sitting in the courtroom waiting for about twenty minutes, Ms. Richardson stated that she could not take anymore, and she told Deputy/Jailer Doe that she needed help. 48. Ayunna also pleaded with Deputy/Jailer Doe to get someone to help her mother. 49. Deputy/Jailer Doe responded as though he believed Ms. Richardson was
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just putting on. 50. 51. Ms. Richardson then stated I need to lay down. Ms. Richardson laid down on the courtroom floor and her body started to shaking. 52. Deputy/Jailer Doe took no action to assist Ms. Richardson, or to clear the courtroom. 53. Everyone in the courtroom watched as Ms. Richardson died in court, on the courtroom floor. 54. Ayunna stayed beside her mother trying to do CPR to bring her back for about twenty minutes, but she failed. 55. Forty-five minutes later, EMT personnel arrived and attempted to open up her aiway and do cpr, They told Ayunna that they felt a faint pulse, but Ayunna did not feel one. 56. The emergency personnel placed Ms. Richardson in an ambulance to take her to the hospital. Ayunna was calling her mothers name, but did not get an answer. 57. Rather taking Ms. Richardson to the hospital in Gadsen, which was only a short distance away, they drove the ambulance all the way to St. Vincents in Birmingham. They did not cut the siren on, only the lights.
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58.

The doctor pronounced Ms. Richardson dead, within five minutes of the ambulance arriving at the hospital.

V.

First Cause of Action Against All Defendants 59. As Sheriff of the Sheriffs Department, Jail Administrators of the St. Clair County Jail and Nursing Administrator for the nursing staff at the St. Clair County Jail and Southern Healthcare, all of these Defendants possessed the ultimate policymaking authority regarding matters dealing with the provision of medical care to inmates at the St. Clair County Jail. They exercised the ultimate authority to determine such things as: appropriate policy, procedure and actions at the St. Clair County Jail; making decisions as to when to provide medical care and assistance to a person being arrested or incarcerated; and whether to seek or secure reasonable medical care for a person already in the custody of their department. Plaintiff alleges therefore that all the causes of action listed in this action are attributable to the officers, jailers, deputies and medical staff pursuant to these Defendants authority as policymakers for law enforcement personnel for St. Clair County and the St. Clair County Sheriff and Sheriffs department. 60. The defendants acted under color of state law and pursuant to the
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customs, policies or practices of St. Clair County, the St. Clair County Sheriffs department or Southern Healthcare Partners Inc., while committing the acts complained of herein. 61. The defendants knew that, in her feeble, deteriorating condition, sweating, barely able to walk, substantial difficulty breathing and suffering from severe debilitating pain in both her legs, Ms. Richardson suffered from serious medical conditions. 62. Despite having said knowledge, each defendant failed to provide or obtain reasonable and necessary medical care for Ms. Richardson. 63. The defendants showed deliberate indifference to Ms. Richardsons serious medical needs by their delay, and ultimate complete and total failure, to obtain or provide reasonable and necessary medical care to Ms. Richardson in a timely fashion, or at all, and thus allowed Ms. Richardsons condition to deteriorate and caused Ms. Richardsons death. 64. The defendants failure to seek or obtain necessary medical treatment for the plaintiffs serious medical needs also reflects deliberate indifference to, and grossly inadequate training of, the defendants in recognizing or responding to said needs, thus reflecting that Defendants Surles,
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Marcrum, Nash and Southern Healthcare Partners were deliberately indifferent to their obligation to draft and implement adequate policies and to properly train the defendants working under them in the jail to recognize and respond to inmates serious medical needs. 65. As a direct result of the defendants wrongful actions, in violation of Ms. Richardsons right to be from cruel and unusual punishment guaranteed by the Eighth Amendment to the United States Constitution, Ms. Richardson was caused the ultimate constitution harm and injurydeath. WHEREFORE, PREMISES CONSIDERED,, the plaintiff prays for the following relief against all defendants, separately and severally: A. B. C. Compensatory damages; punitive damages; a declaratory judgment, declaring the acts of the defendants violative of the plaintiff's constitutional rights and enjoining the defendants from committing or participating in such acts in the future; D. E. reasonable attorneys fees, court cost and expenses; and such other, further relief as appears reasonable and just.

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VI

Second Cause of Action Against Southern Healthcare Partners, Inc., Nurse Eisel, Drs. John Doe and Nurses Jane Doe 66. From at least May 21, 2011 through May 23, 2011, Ms. Richardson presented to defendants suffering from pain in her legs, shortness of breath, sweating and had significant problems walking. 67. Yet, Defendants, Southern Healthcare Partners, Inc., Nurse Eisel, Drs. John Doe and Nurses Jane Doe, failed to provide medication for Ms. Richardsons conditions. In fact the defendants totally failed to treat Ms. Richardsons life-threatening condition. 68. The defendants, Southern Healthcare Partners, Inc., Nurse Eisel, Drs. John Doe and Nurses Jane Does failure to treat Ms. Richardson, contributed to Ms. Richardsons condition deteriorating and caused Ms. Richardsons death. 69. In violation of their duties and standards as a medical providers, defendants failed to provide adequate medical care to Ms. Richardson. WHEREFORE, Plaintiff seeks compensatory and punitive damages from

Defendants, Southern Healthcare Partners, Inc., Nurse Eisel, Drs. John Doe, Nurses Jane Doe, and others, known and unknown to the complaint, as a jury may, in its discretion award and such damages, up to $20,000,000.00 that a jury may award
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against Defendants, Southern Healthcare Partners, Inc., Nurse Eisel, Drs. John Doe and Nurses Jane Doe, and others, known and unknown to the complaint, plus costs. VII. Third Cause of Action 70. Defendants acts were wanton and/or negligent and proximately caused Ms. Richardsons damages and death. WHEREFORE, Plaintiff seeks, on behalf of Ms. Richardson, such compensatory and punitive damages from Defendants as a jury may, in its discretion, award and such damages, up to 20,000,000.00 or that a jury may otherwise award by law. VIII. Fourth Cause of Action 71. Defendants actions resulted in and caused Richardsons wrongful death under Ala. Code 6-5-410. WHEREFORE, Plaintiff seeks, on behalf of Ms. Richardson, such compensatory and punitive damages from Defendants as a jury may, in its discretion, award and such damages, up to 20,000,000.00 or that a jury may otherwise award by law. Respectfully submitted, /s Charles C. Tatum, Jr. ASB-1703-T77C Attorney for Plaintiff Post Office Box 349 Jasper, Alabama 35502 Phone: (205) 387-0708 Fax: (205) 387-0705 E-mail: ctatum7@aol.com
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CM/ECF - U.S. District Court Northern District of Alabama

https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?106017821331142-L_452_0-1

U.S. District Court Northern District of Alabama (Middle) CIVIL DOCKET FOR CASE #: 4:13-cv-00927-RBP

Estate of Dwana Voncia London Richardson et al v. Surles et al Assigned to: Judge Robert B Propst Cause: 42:1983 Civil Rights Act Plaintiff Estate of Dwana Voncia London Richardson

Date Filed: 05/15/2013 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

represented by Charles Clyde Tatum , Jr P O Box 349 Jasper, AL 35502-0349 205-387-0708 Fax: 205-387-0705 Email: ctatum7@aol.com ATTORNEY TO BE NOTICED

Plaintiff Ayunna Johnae London represented by Charles Clyde Tatum , Jr (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Terry Surles Sheriff of St. Clair County, in his official capacity as Sheriff of St. Clair County and Individually Defendant Austin Nash Jail administrator, in his official and individual capacity Defendant Terry Marcrum Jail Administrator in his official capacity and individually Defendant Southern Healthcare Partners LLC Defendant Jennifer Eisel

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CM/ECF - U.S. District Court Northern District of Alabama

https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?106017821331142-L_452_0-1

Date Filed 05/15/2013

# Docket Text 1 COMPLAINT against Jennifer Eisel, Terry Marcrum, Austin Nash, Southern Healthcare Partners LLC, Terry Surles, filed by Estate of Dwana Voncia London Richardson, Ayunna Johnae London.(AVC) (Entered: 05/16/2013) 2 NOTICE regarding consent of a civil action to a magistrate judge. (AVC) (Entered: 05/16/2013) Filing Fee Received: $400, Receipt# 1126-1931040 (ALND# B4601044021). (Tatum, Charles) Modified on 5/28/2013 (AVC). (Entered: 05/24/2013) 3 Summons Issued as to Jennifer Eisel, Terry Marcrum, Austin Nash, Southern Healthcare Partners LLC, Terry Surles; returned to plaintiff for service. (AVC) (Entered: 05/30/2013)

05/16/2013 05/24/2013 05/30/2013

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