Case 2:12-cv-02991-LSC Document 4

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FILED
2012 Sep-21 AM 10:49 U.S. DISTRICT COURT N.D. OF ALABAMA

IN THE UNITED STATES COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION BRITTNE A. BELL, as Personal Representative of the Estate of Rebecca Lynn Allred, ) ) ) ) Plaintiff, ) ) vs. ) ) SHELBY COUNTY, ALABAMA, MIKE ) CURRY, Sheriff, PRISON ) HEALTHCARE, LLC., The TOWN ) Of HARPERSVILLE, ALABAMA, ) THEOANGELO PERKINS, in his ) Official capacity as Mayor of the Town ) Of Harpersville, and JUDICIAL ) CORRECTIONS SERVICES, INC. ) ) Defendants. )

Civil Action Number:

PLAINTIFFS FIRST AMENDED COMPLAINT COMES NOW the plaintiff, by and through her undersigned counsel and files hereby her First Amended Complaint against the defendants, as follows: INTRODUCTION This action is brought to vindicate the plaintiff's rights under the Constitution of the United States, the Alabama State Constitution and the various laws of the United States and the State of Alabama. Plaintiff adopts and restates the allegations of her original Complaint filed in this matter as follows: PARTIES 1. Plaintiff, Brittne A. Bell, is an adult resident of Shelby County, Alabama, and is the

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Personal Representative of the Estate of Rebecca Lynn Allred, deceased, her late mother. Plaintiff was issued Letters of Administration by the Honorable James W. Fuhrmeister on June 25, 2012. 2. Defendant, Shelby County, Alabama (hereinafter sometimes referred to as County),

is, upon information and belief, a municipal corporation organized under the laws of the State of Alabama, located in Shelby County, Alabama. 3. Defendant, Mike Curry, (hereinafter sometimes referred to as Curry), upon

information and belief, is an adult resident of the State Of Alabama, and is the duly elected Sheriff of Shelby County, Alabama, holding said position at the time of the events made the basis of this lawsuit. He is sued individually and in his official capacity. 4. Defendant, Prison Healthcare, LLC (hereinafter sometimes referred to as PH),

upon information and belief, is a Limited Liability Company organized and existing under the laws of the State of Alabama, with its principal place of business in Jefferson County, Alabama. Upon information and belief, PH contracted with Shelby County to provide medical services to inmates of the Shelby County Jail. 5. The Town of Harpersville, Alabama (hereinafter referred to as Harpersville), is,

upon information and belief, a municipal corporation of the State of Alabama, located in Shelby County, Alabama. At the time of the events made the basis of this litigation Harpersville operated a police force and municipal court, doing so under the direction of its mayor, Theangelo Perkins, who is sued in his official capacity. 6. Judicial Corrections Services, Inc. (hereinafter referred to as JCS), is a Delaware

corporation, registered as a foreign corporation and doing business in the State of Alabama and in this district, which markets itself as a for profit company offering services to governmental entities free of charge to the cities, as an offender paid system. At all times material hereto, JCS has

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operated under the color of state law in collecting fines, costs and fees, being allowed to act as a quasi-judicial agency of Harpersville. JURISDICTION 7. Plaintiff files this Complaint and invokes the jurisdiction of this Honorable Court

under and by virtue of the Fourth, Fifth and Fourteenth Amendments to the Constitution of the United States, as well as the following statutes:, 42 USC1983; 28 USC 1331; 28 USC 1343, and 28 USC 1467. Plaintiff's state law claims arise from the same nucleus of operative facts as her claims arising under federal law, and are therefore appropriate for supplemental jurisdiction. 8. The violations of plaintiff's rights which are alleged herein occurred within Shelby

County, Alabama, and are therefore within the Northern District of the State of Alabama, Southern Division. FACTS 9. 10. Plaintiff adopts and realleges each preceding paragraph as if fully set forth herein. On or about May 18, 2011, plaintiffs decedent was incarcerated in the Shelby County

Jail as a pre-trial detainee, on which date she was caused to die as a direct and proximate result of the failure of the defendants, and each of them, to provide the decedent with reasonable and appropriate medical care. 11. Rebecca Allred was arrested on or about May 13, 2011 for an unpaid fine issued for

an expired license tag. 12. Ms. Allred was arrested by Harpersville, which has no city jail. She was therefore

transported to the Shelby County Jail. 13. Ms. Allred was indigent at the time of her arrest and therefore unable to secure bail

money. Upon information and belief, the bail required for her release was the amount of the

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original fine and additional fees added by JCS. Ms. Allred remained incarcerated in the Shelby County Jail until her death on May 18, 2011. 14. JCS has contracted with Harpersville and other municipalities to take over certain

clerical and quasi-judicial functions of the municipal court, and at the time of the events made the basis of this litigation, was acting under the color of state law in setting fines for Ms. Allred. 15. Ms. Allreds son, Dustin Allred, visited her on May 15, 2011, at which time he

observed her to be in apparently ill health. 16. During the period of Ms. Allreds incarceration, she visited the jail nurse on several

separate occasions, upon information and belief, at least three times, but each time was turned away by the medical providers with no treatment of any sort. 17. Ms. Allreds physical condition was so poor that fellow inmates used their limited

telephone privileges to contact Ms. Allreds son, Dustin Allred, to inform him of his mothers failing health. Dustin Allred left five (5) messages for the medical staff on Monday May 16, 2011, the day on which he was contacted by his mothers fellow inmates. 18. Dustin Allred continued to contact the jail in an attempt to ensure that Ms. Allred

received needed medical attention. During one of these calls the medical staffer told him that there was nothing wrong with Ms. Allred, and that she was a regular visitor at the jail. Rebecca Allred, upon information and belief, had never been arrested at any time prior to the incarceration which is the basis of this litigation. 19. At some time in the afternoon of May 17, 2011, Ms. Allred was found unresponsive

in her cell, and was transported to the Shelby Baptist Medical Center Emergency Room. 20. Despite the efforts of the physicians at Shelby Baptist, Ms. Allreds condition 4

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continued to deteriorate until she passed away on the following day, May 18, 2011. 21. A subsequent autopsy performed by the Alabama Department of Forensic Sciences

determined the cause of Ms. Allreds death to be: Liver failure, with two diagnoses: 1) Acute massive hepatocellular necrosis, and 2) Acute bronchopneumonia. 22. Upon information and belief, had Ms. Allred been given even rudimentary medical

treatment when she presented to the jail medical center, her condition would not have progressed to fatality. Sadly, however, jail personnel repeatedly and callously denied her the right to medical treatment of any sort, refusing to even see her and attempt a diagnosis. COUNT I Deliberate Indifference to Decedents Serious Medical Needs, in Violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution, 42 USC 1983 23. 24. Plaintiff adopts and realleges each preceding paragraph as if fully set forth herein. This claim is asserted against Shelby County and Mike Curry, in both official and

individual capacities. 25. The conduct of defendants jointly and severally caused and constituted a violation of

the plaintiffs decedents right to medical care under the Fourteenth Amendment to the United States Constitution.1 This conduct also constituted a deprivation of plaintiff's decedents rights and privileges as secured by the provisions of 42 USC 1983. 26. The actions of defendants were performed under color of state law, and in their

capacities as officers and agents of the County.

1 As plaintiffs decedent was a pre-trial detainee, her claims arise pursuant to the Fourteenth Amendment Due Process Clause as opposed to the Eighth Amendments prohibition on cruel and unusual punishment. Belcher v. City of Foley, 30 F.3d 1390, 1396 (11th Cir.1994) 5

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27.

The actions of the County, Harpersville, PH, JCS and Curry were performed under

color of state law. The conduct of said defendants, jointly and severally, implements or executes a custom, policy, policy statement, ordinance, regulation and/or decision officially adopted, promulgated or followed by the officers, official policymakers and/or final decision makers of the Shelby County Jail. 28. Curry, PH and the County acted with deliberate indifference to Allreds serious

medical condition. Despite knowledge that plaintiffs decedent was ill, she was denied all medical treatment. Allreds condition was so obvious that other inmates contacted her son to inform him that she was dangerously ill. Refusing treatment to an inmate who is obviously suffering from a serious medical condition constitutes deliberate indifference. 29. As a proximate result of the actions of the defendants, plaintiffs decedent was denied

medical care, which resulted in her death. WHEREFORE, PREMISES CONSIDERED, plaintiff demands judgment against the defendants, jointly and severally, for compensatory damages and punitive damages in such an amount as a jury may assess as just, plus interest from the date of judgment and costs of this litigation, and a reasonable attorney's fee. COUNT II Denial of Due Process Pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution Defendants Shelby County, Curry, Harpersville and JCS.

30. 31.

Plaintiff adopts and realleges each preceding paragraph as if fully set forth herein. The defendants, and each of them, acting under color of state law, deprived the

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plaintiffs decedent of her rights and immunities secured by the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution and the Alabama Constitution in violation of 42 USC 1983. 32. Plaintiff avers that the defendants, acting under color of state law, violated her

decedents Constitutional right to due process as guaranteed by the United States Constitution and the Alabama Constitution by automatically imposing incarceration for failure to pay fines and costs without a hearing to determine indigency. 33. As a proximate result of this conduct on the part of the defendants, the plaintiffs

decedent suffered injuries. WHEREFORE, PREMISES CONSIDERED, plaintiff demands judgment against the defendants, jointly and severally, for compensatory damages and punitive damages in such an amount as a jury may assess as just, plus interest from the date of judgment and costs of this litigation, and a reasonable attorney's fee.

COUNT III Denial of Equal Protection of the Laws as Guaranteed by the United States Constitution Defendants Shelby County, Curry, Harpersville and JCS. 34. 35. Plaintiff adopts and realleges each preceding paragraph as if fully set forth herein. Defendants, acting under color of state law, violated the constitutional right of Equal

Protection of the laws of plaintiffs decedent by automatically imposing incarceration upon Ms. Allred, who was unable to pay her fine and costs, without a hearing to determine indigency. 36. As a proximate result of this conduct on the part of defendants Harpersville, Shelby

County, Curry and JCS, plaintiffs decedent was caused to suffer damages.

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WHEREFORE, PREMISES CONSIDERED, plaintiff demands judgment against the defendants, jointly and severally, for compensatory damages and punitive damages in such an amount as a jury may assess as just, plus interest from the date of judgment and costs of this litigation, and a reasonable attorney's fee. COUNT IV Wrongful Death Defendants Prison Healtlhcare, LLC, Shelby County and Curry.

37.

This claim is asserted against PH, under State Law, and against the County and Curry,

both officially and individually under Federal Law. 38. The actions of the defendants, jointly and severally, caused the plaintiffs decedent to

be deprived of even the most basic medical care, resulting in her untimely death. 39. Agents of defendant PH., refused to see Allred, or to provide her with a diagnosis or

treatment. The County and Curry instituted and maintained a policy or custom of denying inmates medical care, in violation of the Fourteenth Amendment to the Constitution. 40. As a proximate result of the conduct of the defendants, plaintiffs decedent was

denied medical care for a serious condition, proximately resulting in her death. This conduct also constituted a deprivation of plaintiff's rights and privileges as secured by the provisions of 42 USC 1983. WHEREFORE, PREMISES CONSIDERED, plaintiff demands judgment against the defendants, jointly and severally, for compensatory damages and punitive damages in such an amount as a jury may assess as just, plus interest from the date of judgment and costs of this litigation and a reasonable attorney's fee.

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COUNT V Negligent Hiring, Training, Supervision and/or Retention 41. 42. capacities. 43. These defendants had a duty to properly screen applicants to the Shelby County Plaintiff adopts and realleges each preceding paragraph as if fully set forth herein. This claim is made against the County and Curry, in both his individual and official

Sheriffs Department, and once these recruits were hired, these defendants had a duty to properly train and supervise the jailers. These defendants also had a duty to terminate any officers who possessed a faulty understanding of the law, or were otherwise unqualified to perform the functions of a jailer with proper regard for the rights of plaintiff and other citizens. 44. These defendants breached these duties to the plaintiff and the public by contracting

with PH and by failing to train and/or supervise other jail staff regarding their responsibilities to inmates suffering from illness. 45. As a direct and proximate result of the breach of duty, the jailers employed by Shelby

County acted with deliberate indifference to Allreds serious medical needs, under color of state law, and thereby cause damage to the plaintiffs decedent, and deprive her of her constitutionally guaranteed rights as hereinabove described. WHEREFORE, PREMISES CONSIDERED, plaintiff demands judgment against the defendants, jointly and severally, for compensatory damages and punitive damages in such an amount as a jury may assess as just, plus interest from the date of judgment and costs of this litigation.

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_____________________________________ Mary-Ellen Bates Attorney for Plaintiff OF COUNSEL:

BATES, HETZEL, PC THE MCADORY BUILDING 2013 1ST AVENUE NORTH, SUITE 450 BIRMINGHAM, ALABAMA 35203 TELEPHONE: (205) 453-0060 FACSIMILE: (205) 453-0042
PLAINTIFF DEMANDS A TRIAL BY STRUCK JURY.

PLEASE SERVE VIA CERTIFIED MAIL AT THE FOLLOWING ADDRESS: Shelby County Commission 112 North Main Street Columbiana, Alabama 35051 Sheriff Mike Curry 112 North Main Street Columbiana, Alabama 35051 Prison Healthcare, LLC c/o Registered Agent Kerry Black 3201 4th Avenue South Birmingham, Alabama 35222 Town of Harpersville c/o City Clerk 83 Town Hall Lane Harpersville, Alabama 35078

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Theoangelo Perkins 83 Town Hall Lane Harpersville, Alabama 35078 Judicial Correction Services, Inc. c/o CT Corporation System 2 N. Jackson Street, Suite 605 Montgomery, Alabama 36104

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