Case: 1:15-cv-00037-CAB Doc #: 1 Filed: 01/08/15 1 of 10.

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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
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As Administratrix of the Estate of DONREA :
LANISE CARTER,
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Plaintiff,
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v.
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LAKE COUNTY, OHIO AND LAKE
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COUNTY BOARD OF
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COMMISSIONERS
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105 Main Street
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Painesville, Ohio 44077
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and
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DANIEL A. DUNLAP
104 East Erie Street
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Painesville, Ohio 44077
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In his official capacity as Lake County
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Sheriff,
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and
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DR. MARC J. McNAUGHTON
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c/o Lake County Sheriffs Office
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104 East Erie Street
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Painesville, Ohio 44077
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Individually and in his official capacity as
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Jail Physician,
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and
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:
DONISE CARTER,
c/o David B. Malik
Attorney at Law
8437 Mayfield Rd. Suite 101
Chesterland, OH 44406

CASE NO. 1:15-cv-37

JUDGE

COMPLAINT AND JURY DEMAND

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and
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NITA L. BRICKMAN
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c/o Lake County Sheriffs Office
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104 East Erie Street
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Painesville, Ohio 44077
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Individually and in her official capacity as a :
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Lake County Employee.
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Defendants.
PRIME HEALTH INC. d/b/a/
LAKE COUNTY FAMILY PRACTICE
9500 Mentor Avenue
Suite 100
Mentor, Ohio 44060

I. INTRODUCTION
1. This civil rights and wrongful death action challenges Defendants failure to provide
adequate medical care to inmate Dondrea Carter when she complained of chest pain, jaw
pain, dizziness, vomiting, and anxiety. She received no treatment and was not sent to the
hospital, despite showing classic heart attack symptoms. She suffered and then died of a heart
attack soon after her examination by the defendant nurse at the Lake County Adult Detention
Facility on May 26, 2014. Ms. Carters mother, the Administratrix of her estate, brings this
action to secure fair compensation and to prevent future inmates from experiencing such
suffering and death.
II. JURISDICTION AND VENUE
2. Jurisdiction over claims brought under the Civil Rights Act of 1871 is conferred on this
Court by 28 U.S.C. 1331, 1343 (3) and (4). Jurisdiction over the state law claims is
conferred by 28 U.S.C. 1367. Venue is proper in this division.

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III. PARTIES
3. Donise Carter is the mother of Dondrea Carter, who is deceased. Ms. Carter brings this suit
as the Administratrix of the Estate of Dondrea Carter for the benefit of her next of kin.
4. Defendant Lake County is a unit of local government established under the laws of the State
of Ohio. The County is sued through the Lake County Ohio Board of Commissioners who
are named only in their official capacity pursuant to O.R.C. 305.12. Defendant is a person
under 42 U.S.C. 1983 and at all times relevant to this case acted under color of law.
5. Defendant Sheriff Daniel Dunlap is and was at all times relevant to this action the duly
elected Sheriff of Lake County, Ohio. Defendant is a person under 42 U.S.C. 1983 and at
all times relevant to this case acted under color of law. He is sued in his official capacity.
6. Defendant Dr. Marc McNaughton is and was at all times relevant to this action the jail
physician serving Lake County at the Lake County Adult Detention Facility (the Jail).
Defendant is a person under 42 U.S.C. 1983 and at all times relevant to this case acted
under color of law. He is sued in his individual and official capacity.
7. Defendant Prime Health Inc. d/b/a/ Lake County Family Practice 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 Lake County Jail. Defendant is a person under 42 U.S.C. 1983 and at all times
relevant to this case acted under color of law.
8. Defendant Nita Brickman is and was at all times relevant to this action a nurse employed by
Lake County at the Lake County Adult Detention Facility. 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.

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IV. FACTS
A. Ms. Carter Was Known to be Suffering from Obvious Symptoms of Heart Attack at
the Lake County Adult Detention Facility.
9. Ms. Carter was booked into the Lake County Adult Detention Facility (LCADF) on May 16,
2014, for a nonviolent crime, theft.
10. Sunday, May 25, 2014, she experienced chest and jaw pain, chest tightness, and vomiting
throughout the day.
11. At least seven different inmates heard Ms. Carter complain about chest pain that day.
12. That night, May 25, 2014, Ms. Carter asked to see the nurse.
13. Ms. Carter was on the phone with her mother when Sergeant Barbara Morris came to escort
her to the nurse. Ms. Carter want[ed] her to know what [was] going on with me. She told
Sgt. Morris that I just wanted my mother to know what was happening; you know people
die in jail.
14. Ms. Carter saw the nurse, Defendant Brickman, at approximately 10 p.m. Sunday, May 25,
2014. She told Defendant Brickman that she was experiencing chest and jaw pain. Ms.
Carter also told Defendant Brickman that she was experiencing dizziness, nausea, and
anxiety. She was so distraught by her pain that she was in tears.
15. Defendant Brickman completed an EKG which showed sinus tachycardia and a millimeter
increase in ST elevation.
16. Defendant Dr. McNaughton has admitted that Ms. Carter should have been immediately sent
to the hospital, due to the millimeter increase in her EKG and her chest pain.
17. Defendant Brickman, however, released her with Pepto-Bismol and told her she would see
the doctor in the morning.
18. Even though Defendant Dr. McNaughton was present in the LCADF when Defendant
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Brickman met with Ms. Carter, Defendant Brickman did not tell Dr. McNaughton that Ms.
Carter was complaining of chest pain and jaw pain or share the results of the EKG with him.
19. On May 25, 2014, only about an hour after seeing Defendant Brickman, Ms. Carter
collapsed, face first onto the floor.
20. When Ms. Carter fell, corrections staff responded first. One officer recorded her blood
glucose and another gave her oxygen.
21. The Dispensary, where Defendant Brickman was located, was only 30 seconds from where
Ms. Carter collapsed, but Defendant Brickman delayed responding to Ms. Carter.
22. When Defendant Brickman did finally arrive, she did not evaluate Ms. Carter in any way.
Rather, she left Ms. Carter on the floor and went looking for Defendant Dr. McNaughton in
person. She did not radio him or ask other staff to find the doctor.
23. Defendant Dr. McNaughton never examined Ms. Carter. He simply gave the word to call for
emergency medical services to respond.
24. Defendant Dr. McNaughton never evaluated or treated Ms. Carter. He never saw her and did
not respond when she collapsed.
25. The coroner eventually found that Ms. Carter died from a heart attack due to atherosclerotic
coronary artery disease. The date of Ms. Carters death was May 26, 2014, her thirtieth
birthday.
26. Three of Ms. Carters coronary arteries showed severe stenosis ranging from 80 to 95%.
27. Stenosis results in unusual blood sounds and is audible with a stethoscope. The stenosis Ms.
Carter was experiencing would have been audible had the defendant nurse or doctor simply
listened to her heart sounds.
28. Ms. Carter suffered from symptoms consistent with a heart attack which is a serious medical

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need while she was in the LCADF.

29. The need for treatment of Ms. Carters heart problems was obvious while she was in the Jail.
30. Defendants Brickman and Dr. McNaughton failed to provide any treatment or seek
appropriate help for Ms. Carters obvious medical need. Their actions were negligent,
reckless, wanton, intentional, knowing and deliberately indifferent to Ms. Carters serious
medical need.
B. Policies, Practices, and Culpable Conduct.
31. A heart attack and the related symptoms is a serious medical need.
32. Chest pain, neck pain, jaw pain, anxiety, dizziness, nausea and vomiting are commonly
known symptoms of heart trouble including heart attack.
33. A heart attack is not lethal if detected and treated in a timely manner.
34. In May 2014 each of the Defendants knew that a heart attack was a serious medical need.
35. Defendants Dr. McNaughton, Prime Health and Sheriff Dunlap established the medical
policies, practices and customs at the LCADF.
36. Defendants County, Dr. McNaughton, Prime Health and Sheriff Dunlap are responsible for
training all of the LCADF staff with respect to providing medical care to inmates at the
facility.
37. LCADF Inmate Medical Services Policy requires that the jail administrator and jail physician
review and revise the policies and procedures of the jail regarding medical services. The jail
physician must approve policies and procedures pertaining to medical services.
38. Defendants Lake County, McNaughton, Prime Health and Dunlap failed to have adequate
policies, procedures, customs, usages and protocols regarding identification, referral and
treatment due inmates experiencing symptoms of heart attack and those inadequate policies,

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procedures, customs, usages and protocols were the moving force behind the injury and death
suffered by Ms. Carter.
39. Defendants County, McNaughton, Prime Health and Dunlap were deliberately indifferent to
the serious medical needs of Ms. Carter by failing to train and supervise staff to implement
adequate jail policies, procedures, customs, usages and protocols that would properly address
the obvious and known health and safety risks experienced by detainees with symptoms of
heart attack.
40. Ms. Carter was not properly monitored. This failure was caused by the policies, practices,
customs, usages, and protocols at the LCADF.
41. The failure by Defendant Brickman to treat Ms. Carters heart attack was negligent, knowing,
intentional, reckless, wanton, and deliberately indifferent to the serious medical needs of Ms.
Carter.
42. All the Defendants acted negligently, recklessly, wantonly, willfully, knowingly,
intentionally, and with deliberate indifference to the serious medical needs of Ms. Carter.
43. Dr. McNaughton was the final authority on policy for Defendant Prime Health at LCADF
and it was those policies that were the moving force behind the injury and death suffered by
Ms. Carter.
44. The conduct of Defendants shocks the conscience, violates the standards of decency in an
evolving society, and betrays the trust that inmates and the public place in jail staff to provide
proper medical care for those over whom they exercise custody.
C. Harm to Ms. Carter and Her Family.
45. Dondrea Carter suffered physical injury, pain, emotional and psychological trauma, and
eventually died as a result of the failure to provide adequate medical care described above.

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46. As a further direct and proximate result of Dondrea Carters wrongful death, her survivors,
next of kin and/or heirs have suffered permanent damages, including but not limited to, grief,
depression, and severe emotional distress. They have incurred funeral bills and other
expenses and will incur additional expenses in the future.
V. FIRST CAUSE OF ACTION 42 U.S.C. 1983
47. The Defendants have, under color of state law, deprived Dondrea Carter of rights, privileges
and immunities secured by the Fourteenth and Eighth Amendments to the United States
Constitution, including but not limited to the right to adequate medical care as a jail inmate.
VI. SECOND CAUSE OF ACTION WRONGFUL DEATH
48. All Defendants actions caused the wrongful death of Ms. Carter, resulting in damages
recoverable under R.C. 2125.02.
VII. THIRD CAUSE OF ACTION NEGLIGENCE
49. On May 25, 2014, Defendants County, Dunlap, Prime Health and Brickman acted in a
negligent, reckless, intentional, deliberately indifferent and willful manner and breached their
duty to provide medical care to Ms. Carter during her incarceration, proximately causing
injury to and the death of Ms. Carter, all in violation of Ohio law.
IX. FOURTH CAUSE OF ACTION MALPRACTICE BY PHYSICIAN
50. Defendant McNaughton failed to use reasonable care in diagnosing and treating the classic
symptoms of heart attack experienced by Dondrea Carter. Defendant McNaughton breached
the duty of care to Ms. Carter.
51. As Jail Physician, Defendant McNaughton failed to ensure that adequate policies were in
place at the LCADF to appropriately identify, diagnose and treat inmates at the jail who were
experiencing a heart attack or other serious heart-related symptoms.

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52. Defendant McNaughton failed to train and supervise the jail staff to provide services
consistent with the standard of care.
53. The conduct of Defendant McNaughton deviated from standard medical practice, all in
violation of Ohio law. See Affidavit of merit (attached). This conduct was a proximate
cause of Ms. Carters injury and death.
IX. FOURTH CAUSE OF ACTION NEGLIGENCE BY NURSE
54. Defendant Brickman breached her duty to provide medical care to Ms. Carter consistent with
standard medical practice and violated Ohio law. See Affidavit of merit (attached). This
conduct was a proximate cause of Ms. Carters injury and death.
X. JURY DEMAND

55. Plaintiff hereby demands a trial by jury of all issues triable by jury.

XI. 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 (except against the County) in an amount to be

shown at trial;

C.

Award Plaintiff reasonable attorneys fees, costs and disbursements;

D.

Award Plaintiff pre and post judgment interest;

E.

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

Respectfully submitted,

/s/ Alphonse A. Gerhardstein

Alphonse A. Gerhardstein (0032053)

s/David B. Malik
David B. Malik (0023763)
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Trial Attorney for Plaintiffs

Jennifer L. Branch (0038893)
Attorney for Plaintiffs
Gerhardstein & Branch Co. LPA
432 Walnut Street, Suite 400
Cincinnati, Ohio45202
Tel (513) 621-9100
Fax (513) 345-5543
agerhardstein@gbfirm.com
jbranch@gbfirm.com

Trial Attorney for Plaintiffs

Sara Gedeon (0085759)
Attorney for Plaintiffs
8437 Mayfield Road, Suite 103
Chesterland, OH 44026
(440) 729-8260
(440) 729-8262 fax
dbm50@sbcglobal.net
sgedeon1021@gmail.com

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