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Ken McGill Lawsuit

Ken McGill Lawsuit

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Published by Michael_Lee_Roberts

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Published by: Michael_Lee_Roberts on Apr 24, 2013
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09/18/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADO
 Civil Action No.KENNETH MCGILL;JENNIFER MCCRACKEN;Plaintiffs,v.CORRECTIONAL HEALTHCARE COMPANIES, INC. d/b/a “CORRECTIONALHEALTHCARE MANAGEMENT, INC.”;CORRECTIONAL HEALTHCARE PHYSICIANS, P.C.;CHC COMPANIES, INC.;BOARD OF COUNTY COMMISSIONERS FOR JEFFERSON COUNTY COLORADO;TED MINK, in his official capacity as Jefferson County Sheriff only;JAMES BRILL, individually;GINA BATTENHOUSE, individually;Defendants. ___________________________________________________________________________ 
CIVIL RIGHTS COMPLAINT WITH REQUEST FOR TRIAL BY JURY ANDCERTIFICATE OF REVIEW
  __________________________________________________________________________ Plaintiffs Kenneth McGill and Jennifer McCracken, by and through their attorneys,H
OLLAND
,
 
H
OLLAND
E
DWARDS
&
 
G
ROSSMAN
,
 
P.C., complain against Defendants and request atrial by jury as follows:
I.
 
INTRODUCTION
1. This is an action brought by Kenneth McGill, a 44 year old man, and his wife, Jennifer McCracken, to vindicate serious deprivations of their constitutional and state law rights.2. Mr. McGill is a former inmate at Jefferson County Detention Facility who suffered asevere stroke while he was incarcerated. Mr. McGill begged for medical care, telling staff that
Case 1:13-cv-01080 Document 1 Filed 04/23/13 USDC Colorado Page 1 of 36
 
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he was having a stroke with a slurred voice, one-sided weakness, and facial drooping.3. Despite this knowledge, Mr. McGill was abandoned in a medical crisis while thestroke ravaged his brain for at least 16 hours after the obvious stroke symptoms began.4. Mr. McGill and other inmates repeatedly reported to multiple care-givers that he wasclearly suffering a stroke, as his stroke signs and symptoms were so obvious that even lay peoplewere able to recognize them.5. Still, for almost a full day, medical staff refused to help Mr. McGill and refused tosend him to the hospital.6. Instead, Mr. McGill was left in a cell all night, lying on the concrete floor, knowingthat he was having a stroke, terrified and thinking he was going to die.7. The next morning, Mr. McGill saw a doctor on staff, who told him he was clearlyhaving a stroke. Despite this high-level acknowledgement of the medical crisis, this doctor andthis jail still did not transfer him to the hospital for several hours.8. By the time Mr. McGill was brought to the hospital, it was far too late to reverse or even stem the damage from the stroke, and he is now left with major permanent disabilities.9. Mr. McGill cannot return to work or earn a living, and also suffers serious emotionaland physical harm from these deliberately indifferent and negligent acts.10. Jennifer McCracken, Mr. McGill’s wife, also suffers from associated losses of consortium and deprivations of her constitutional rights.
II.
 
JURISDICTION, VENUE, AND NOTICE
11. This action arises under the Constitution and laws of the United States, includingArticle III, Section 1 of the United States Constitution and 42 U.S.C. § 1983 and 42 U.S.C. §
Case 1:13-cv-01080 Document 1 Filed 04/23/13 USDC Colorado Page 2 of 36
 
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1988. The Jurisdiction of this Court is further invoked pursuant to 28 U.S.C. §§ 1331, 1343,2201.12. This case is instituted in the United States District Court for the District of Colorado pursuant to 28 U.S.C. §1391 as the judicial district in which all relevant events andomissions occurred and in which Defendants maintain offices and/or reside.13. Supplemental pendent jurisdiction is based on 28 U.S.C. §1367 because theviolations of federal law alleged are substantial and the pendent causes of action derive from acommon nucleus of operative facts.14. The state law claims in this matter are brought against private corporations andtherefore no notice of claims was required under the Colorado Governmental Immunity Act.However, such notice was timely given.
III.
 
PARTIES
11. Plaintiff Kenneth McGill is a resident of the State of Colorado and a citizen of theUnited States of America.12. Plaintiff Jennifer McCracken is a resident of the State of Colorado and a citizen of the United States of America.13. Both Plaintiffs reside in Denver.14. Defendant Correctional Healthcare Companies, Inc., d/b/a CorrectionalHealthcare Management, Inc., is a private Delaware corporation with its principal street addressand registered agent of service located at 6200 S. Syracuse Way, Suite 440, Greenwood Village,CO 80111. On information and belief this company contracts with Jefferson County to providemedical services to inmates and detainees at Jefferson County Detention Facility and supervises
Case 1:13-cv-01080 Document 1 Filed 04/23/13 USDC Colorado Page 3 of 36

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