SUMMONS - CIVIL STATS OF CONNECTICUT Bee Seer es tba0 ‘SUPERIOR COURT See page 2for instructions eae oh, in Soe Sr iwouat ahs vw jud.otoov ‘TO: Any proper offees; BY AUTHORITY OF THE "x amount, egal ntrestor propery In demand, no inching interest 2 vamour attest or property 6 ea eccun yr hoy [] "x" amount, legal interest or propetty in demand, not including interest and ‘commanded to make due and legal service of costs $2,600 or nae. this Simmons and atechad Complain. 1) if ciaiming other reliofin edition to or in eu of money or damages. a ORT a HAT TH a, TE is TDCI] TOR RS TCR Ra OR TF WTF Gee gave onan con 14 West River St Milford, CT 06460 (203) 977 4299 do, 48. “waa a Tae RE wT TG BF Te I ap ts ean F1 rousing Session Devaiver: Milford Major: T Minor: 99. For tho Plaintiff) please enter the appearance of: Ti an a tanya PI TENGE Gb, AO WATTS Sr me aa TT dJosoph T. Coppola, Technology Or. 8 207, Trumbul, CT O€611 405560 Tsar eS pas PA sap (203) 459 897 Number of Plaintiffs: 4 Number of Defendants: 2 C Form JO-C¥v-2 attached for additional parties ales —[ het ak Fat il lta and Adress oT EASh pry Mumbo Sioa; Pox, Town; Stat; 2p, County not US) CC med Pa pian |Seéss: Derby, Conn, 06418 ‘Additional oa iit a Sia of Connactout 3a aa = Office of Attorney General, Richard Blumenthal, 65 Elm St. Harford, CT 06106 “aaaitiona’ [aRe” _ Connostiou Department of children land Familiog 7 Dail Aatitonsl |acirse: Office of ttoniey General, Richard Blumenthal, 85 Elm St Hertford, CT 06106 = ae —— rl Aasonah Defendant [Moss Additional cs Drfendant Notice to Each Defendant 4. YOU ARE BEING SUED. Ths pope isa Summons In eweuit, The complaint allachod to these popors alles Ine claims thal each plant making against youl hs lvasul. 2. Tove nalfed of rer proseedings, you or your stomey ust flea fom ealed an “Appearance” with the clerk ofthe sbove-nameé Cour tthe shove Court asetoes on o blo tho seonnd day‘afor he above Relun Geo. Tho Return Data net heating dale. You da nl have te ema to cout onthe. Reluts Date unless you receive a separate note ieling you to com to court ‘3. yg 0: your atlomey do ot fe & writen "Appasranc” orm on tine, 5 udgmient may oe entered agsinet you by delaul, The “Appearsnea” form may be ‘blanod al the Court adcross above oral wwjudce gov unde "Cou Forms" 4. lTyou bots tha you have insurance that map cover te cla thas beng rade opanst you ints lawl, you shou immed cont yo lnducanes opresentave, olner aclion you may have lo tko is dosedbed inthe Conmactest Practice Sock wich ay be found i @Suparr cu law ibrar or ome ayn otgov under ou Res” 8. Inout sep core aa ton array ice, The Cek of Cott snot allowed to ave aceon toga queens ane Boral baad SRST [naa oP Sc an “Hil? Clattaces [Joseph T. Coppola 0/1 6720%10 tis Sonndlsh-oned by « Gm Fer Coit 055 Oa 2: The sgniog hasbeen done 0 th he Pah) wi ot bo ened access othe cout Fabae E:T he esos sine Pints te ene bate mona poe, tne Gs tt pre any gt adr conection hay esa {Tce apg ih Comets abe equa of he Bf) wn amen any wae wy oro. trains nts Seomene oy saplne cacare he Colin ee cee oe Stns Corp Thaveend a [ Sot tone Pa Ta tan the above ertezot0 Ce V Fernandes, 90 Platt Ra, Clif, Page 1062) Sas (ew ag cana “Te TS”RETURN DATE: NOVEMBER 16, 2010 : SUPERIOR COURT EEE 2 J.D. OF ANSJ/MIL, v. : ATMILFORD STATE OF CONNECTICUT 1 OCTOBER 18, 2010 DEPT. OF CHILDREN AND FAMILIES COMPLAINT FIRST COUNT 1. Onorabout August 11, 2004, and at all times hereinafter mentioned, the Defendant, STATE OF CONNECTICUT, acting through its agencies, including the Department of Children and Families, was the owner, in possession of and operated a medical facility known as ‘Riverview Hospital for Children and Youth’ located at 915 River Road, Middletown, Connecticut. Riverview Hospital was a secured facility, with limited, supervised access to patients. 2. On or about August 11, 2004, and at continuing to July 48, 2005, and all times. hereinafter mentioned, the Pint TT, while under the age of sixteen, was in the custody of the Department of Children and Families, and was a tesident of a medical facility known as “Riverview Hospital for Children and Youth" located at 915 River Road, Middletown, Connecticut. 3. Onor about August 11, 2004, and at continuing to July 18, 2005, and all times hereinafter mentioned, the Plin tf i while inthe custody of the Department of Children and Families, received extensive psychiatriccounseling by licensed physicians, social workers, and caregivers employed by the State of Connecticut andior the Department of Children and Families (DCF). 4, Froma time period of approximately August 2004, and continuing to July 18, 2005, the Plaintiff was sexually involved and assaulted by a State of Connecticut and DCF employee, Eric Hayward, on numerous occasions, while on the grounds of said Riverview Hospital 5. On said dates and place, Eric Hayward was employed as a childcare worker of the State of Connecticut DCF while at the Riverview Hospital. 6 The State of Connecticut Department of Children and Families, through its employees, agents, and independent contractors, knew or should have known of the inappropriate relationship conducted by Eric Hayward with the Plaintiff while she was under the age of sixteen years. 7. Despite such knowledge, the Department of Children and Families, failed to address the matter and to protect the Plaintiff from such assaults. 8B. As a result of the actions of the State of Connecticut Department of Children and Families, and Riverview Hospital, through its Commissioners, Superintendents, ‘employees, agents, and independent contractors, the Plaintiff has suffered sever emotion distress, including but not limited to dissociative identity disorder, depression, anxiety disorder, posttraumatic stress disorder, and latrophobia. 9. Asa result of the lack of care, lack of appropriate attention, lack of monitoring, lack of treatment, failure to inquire as to the relationship, the negligence of the DCF staff, and failure to provide adequate treatment t0 merwhen she was a minor, such actions has resulted in a sever psychiatric and emotional {Un TEN which may require extensive psychiatric treatment in the future. 10. Asa further result of the negligence and carelessness of the Defendant, the Plaintif suffered loss of appetite, loss of sleep, and mental anguish. 11. Asa further result of the negligence and carelessness of the Defendant, the Plaintiff will suffer permanent mental and physical disability and must forego engaging in certain physical pursuits in business, social and personal life matters. 12. On March 3, 2010, James R. Smith, Claims Commissioner of the State of Connecticut, by Memorandum of Decision, pursuant to Conn. Gen Statutes Section 4- 160(a), granted the plaintif permission to sue the State of Connecticut. SECOND COUNT 4. On or about August 14, 2004, and at all mes hereinafter mentioned, the Defendant, STATE OF CONNECTICUT, acting through its agencies, inoluding the Department of Children and Families, was the owner, in possession of and operated a medical facility known as ‘Riverview Hospital for Children and Youth” located at 915 River Road, Middistown, Connecticut. Riverview Hospital was a secured facility, with limited, supervised access to patients. 2. Onorabout August 11, 2004, and at continuing to July 18, 2005, and all times. hereinafter mentioned, the Piein{if AES, yhile under the age of sixteen, was in the custody of the Department of Children and Families, and was| a resident of a medical facility known as "Riverview Hospital for Children and Youth" located ai 915 River Road, Middletown, Connecticut. 3. On or about August 14, 2004, and at continuing to July 18, 2005, and all mes hereinafter mentioned, the Plaintif ES while inthe custody of the Department of Children and Families, received extensive psychiatric counseling by licensed physicians, social workers, and caregivers employed by the State of Connecticut and/or the Department of Children and Families (OCF). 4, From atime period of approximately August 2004, and continuing to July 18, 2006, the Plaintiff was sexually involved and assaulted by a State of Connecticut employee, Eric Hayward, on numerous occasions, while on the grounds of said Riverview Hospital. 5, Onsaltd dates and place, Erie Hayward was employed as a childcare worker of the State of Connecticut DOF while at the Riverview Hospital. 6, The State of Connecticut Department of Children and Families, through its employees, agents, and independent contractors, knew or should have known of the inappropriate relationship conducted by Eric Hayward, with the Plaintiff while she was minor, 7. Eric Hayward while empioyed as a childcare worker provided counseling to the Plaintiff as directed by DCF, 8, During said period of time, Eric Hayward while employed as a childcare worker, was physically, sexually and emotionally involved with the Plaintiff and his actions as| | | | | | a health care provider represented a breach of the prevailing professional standard of ‘care for such type of health care provided. 9. Asa result of the actions of the State of Connecticut Department of Children and Families, and Riverview Hospital, through its Commissioners, Superintendents, ‘employees, agents, and independent contractors, the Plaintiff has suffered sever ‘emotion distress, including but not limited to dissociative Identity disorder, depression, anxiely disorder, posttraumatic stress disorder, and iatrophobia. 10. As a result of the lack of care, lack of appropriate attention, lack of monitoring, lack of treatment, failure to inquire as to the relationship, the negligence of the DCF staff, and failure to provide adequate treatment to Sa when she was a miner, such actions has resulted in a sever psychiatric and emotional 1OUN2 T which may require extensive psychiatric treatment in the future. 11. Asa further result of the negligence and carelessness of the Defendant, the Plaintiff suffered loss of appetite, loss of sleep, and mental anguish. 12. Asa further result of the negligence and carelessness of the Defendant, the Plaintiff will suffer permanent mental and physical disability and must forego engaging in cettain physical pursuits in business, social and personal life matters. 13. On March 3, 2010, James R. Smith, Claims Commissioner of the State of Conneeticut, by Memorandum of Decision, pursuant to Conn, Gen Statutes Section 4- 160(a), granted the plaintiff permission to sue the State of Connecticut.THIRD COUNT 4. Onor about August 11, 2004, and at all times hereinafter mentioned, the Defendant, STATE OF CONNECTICUT, acting through its agencies, including the Department of Children and Families, was the owner, in possession of and operated a medical facility known as “Riverview Hospital for Children and Youth" located at 915 River Road, Middletown, Connecticut, Riverview Hospital was a secured facility, with limited, supervised access to patients. 2. Onorabout August 11,2004, and at continuing to July 18, 2006, and all tines hereinafter mentioned, the Pin ff Eii TT, y/hile under the age of sixteen, was in the custody of the Department of Children and Families, and was a resident of a medical facility known as "Riverview Hospital for Children and Youth” located at 915 River Road, Middletown, Connecticut, 3. Onor about August 11, 2004, and at continuing to July 18, 2005, and all times hereinafter mentioned, the Plant ————— wile in the custody of the Department of Children and Families, received extensive psychiatric counseling by licensed physicians, social workers, and caregivers employed by the State of Connecticut andor the Department of Children and Families (DCF). 4, From time period of approximately August 2004, and continuing to July 25, 2005, the Plaintiff was sexually involved and assaulted by a State of Connecticut employee, Erie Hayward, on numerous occasions, while on the grounds of said Riverview Hospital.5. On said dates and place, Eric Hayward was employed as a childcare worker of the State of Connecticut DCF while at the Riverview Hospital. 6 Onor about July 17, 2005, Eric Hayward removed the Plaintiff, SIR ‘WED fom Riverview Hospital for Children and Youth. 7. DCF on or about July 17, 2008, had established a number of administrative procedures, rules, Regulations, Reporting Procedures and policies in place in order to. follow upon the removal or awol of a patient, such as the Plaintif 8, GF failed to follow its established administrative procedures, rules, Regulations, Reporting Procedures and policies. 9. Asa result of the actions of the State of Connecticut Department of Children and Families, and Riverview Hospital, through its Commissioners, Superintendents, employees, agents, and independent contractors, the Plaintiff has suffered sever emotion distress, including but not limited to dissociative identity disorder, depression, anxiety disorder, posttraumatic stress disorder, and iatrophobia. 10, As a result of the lack of care, lack of appropriate attention, lack of monitoring, lack of treatment, failure to inquire as to the relationship, the negligence of the OCF staff, and failure to provide adequate treatment 0 aaa, when she was a minor, such actions has resulted in a sever psychiatric and emotional {our RIVED, which may require extensive psychiatric treatment in the future. 11, Asa further result of the negligence and carelessness of the Defendant, the Plaintiff suffered loss of appetite, loss of sleep, and mental anguish,42, Asa further result of the negligence and carelessness of the Defendant, the Plaintiff will suffer permanent mental and physical disability and must forego engaging in certain physical pursuits in business, social and personal ife matters 13. On March 3, 2010, James R. Smith, Claims Commissioner of the State of Connecticut, by Memorandum of Decision, pursuant to Conn, Gen Statutes Section 4- 460(a), granted the plaintiff permission to sue the State of Connecticut.WHEREFORE THE PLAINTIFF CLAIMS: 1. Money damages within the jurisdictional limits of the court, 2. Anyother relief the Court deems just and proper. THE PLAINTI Tele. 203)459-8977 Fax(203)489-0333RETURN DATE: NOVEMBER 16, 2010 Sl Vv. STATE OF CONNECTICUT DEPT. OF CHILDREN AND FAMILIES SUPERIOR COURT J.D, OF ANS./MIL. AT MILFORD OCTOBER 18, 2010 STATEMENT RE: AMOUNT IN DEMAND ‘The amount, legal interest or property in demand is $15,000.00 or more, exclusive of interest and costs. BY, THE PLAINTIFF Juris #40556! 116 Technoldgy Dr., Ste. B207 Trumbull, CT 06611 Tele, 203)459-8977 Fax(203)459.0383JAMES R. SMITH 989 asylum Avenue _ COMMISSIONER Suite 204 Hanford, CT 06105 ‘Telephone (B60) 366-2004 Fresimile (B60) 566-2406 STATE OF CONNECTICUT Office of Claims Commissioner FILE NO. 20768 IN THE MATTER OF ACLAIMAGAINST THE STATE OF CONNECTICUT BY by Joseph T. Coppola, Esquire, 118 Technology Drive, Suite 8207, Trumbull, CT 08611, filed a claim with the Commissioner of Claims for psychiatric and emotional trauma, FINDING AND ORDER A hearing was held in the above referenced matter on November 23, 2008. In accordance with the attached Memorandum of Decision dated March 3, 2010, the claimant has satisfied the requirements of Section 4-160(a) of the Connecticut General Statutes and is granted permission to sue the State of Connecticut. BY ORDER OF THE COMMISSIONER =e ‘SMITH € JRSIpm ec; Thomas J. Davis, Jr. Assistant Attomey General An Equal Opportunity Employer