Takoda Collins Lawsuit

ELECTRONICALLY FILED
COURT OF COMMON PLEAS

Monday, October 5, 2020 9:59:14 AM
CASE NUMBER: 2020 CV 03791 Docket ID: 34944627
MIKE FOLEY
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO

CIVIL DIVISION
DAVID BRANNON, Admn. Of the : CASE NO. __________________________

Estate of TAKODA COLLINS, :
deceased :
JUDGE: _____________________________
130 W. Second St. Suite 900 :
Dayton, OH 45402 :
:
:
Plaintiff, :
COMBINED COMPLAINT AND
:
PETITION FOR DISCOVERY; JURY
vs. :
DEMAND ENDORSED HEREON
:
:
MONTGOMERY COUNTY, OHIO :
451 W. Third St. :
Dayton, OH 45422-1120 :
:
and :
:
MONTGOMERY COUNTY, OHIO :
c/o Board of County Commissioners of :
Montgomery County Ohio, Carolyn :
Rice, Deborah Lieberman, and Judy :
Dodge, separately and individually and :
in their capacity as Montgomery :
County Commissioners, as Defendants :
and Necessary Parties :
451 W. Third St. :
Dayton, OH 45422-1120 :
:
and :
:
1
MICHAEL COLBERT, Individually :
and in his capacity as Montgomery :
County Administrator and Necessary :
Party :
451 W. Third St. :
Dayton, OH 45422 :
:
and :
:
MICHELLE NIEDERMIER, :
Individually and as Director of :
Montgomery County Job & Family :
Services :
1111 S. Edwin C. Moses Blvd. :
Dayton, OH 45417 :
:
and :
:
JEWELL GOOD, :
Individually and as Assistant Director :
of Montgomery County Children :
Services, a Division of Montgomery :
County Job & Family Services :
3304 N. Main St. :
Dayton, OH 45405 :
:
and :
:
JENNY COLE, :
Individually and as an Agent of :
Montgomery County Children Services, :
a Division of Montgomery County Job :
& Family Services :
3304 N. Main St. :
Dayton, OH 45405
:
and :
:
BETTIE McCURTIS, :
Individually and as agent of :
Montgomery County Children Services :
3304 N. Main St. :
Dayton, OH $5405 :
:
and :
2
CHARITY HASTINGS, :
3304 N. Main St. :
Dayton, OH 45405 :
:
and :
:
ADRIENNE HOLMES, Individually :
and as agent of Montgomery County :
Children Services :
3304 N. Main St. :
Dayton, OH 45405 :
:
and :
:
JESSICA LYONS, Individually and as :
agent of Montgomery County Children :
Services :
3304 N. Main St. :
Dayton, OH 45405 :
:
and :
:
DEBBIE RILEY, Individually and as :
agent of Montgomery County Children :
Services :
3304 N. Main St. :
Dayton, OH 45405 :
:
and :
:
DEBRA SHAW :
3304 N. Main St. :
Dayton, OH 45405 :
:
Defendants :
:
and :
:
3
JANE AND/OR JOHN DOES 1-10, :
Individually and as Agents of :
Montgomery County Division of :
Children Services, who are supervisors, :
managers, case workers, and screeners :
whose identities are not known at this :
time, but were actors, participants, :
parties who have acted wrongfully :
toward Takoda Collins, but shall be :
ascertained during discovery :
:
Defendants/Discovery :
Now comes the Plaintiffs, by and through counsel, and as and for his Complaint does
hereby state as follows.
PRELIMINARY STATEMENT
1. This action arises out of a failure by the Montgomery County Children Services
To protect ten-year-old Takoda Collins from physical, sexual, and emotional harm, resulting in his
needless, tragic death as a proximate result of the wrongful acts and omissions of the Defendants,
and others to be ascertained through discovery, as set forth herein. The suit contains causes of
action for:
a. Survival action under R.C. 2305.01 including Takoda’s incomprehensible pain,

suffering, and mental anguish.
b. Wrongful death under R.C. 2125.01, et seq.
c. Violations of sections of the Ohio Revised Code, Ohio Administrative Code,

Montgomery County Memorandum of Understanding and policies, procedures
and other rules within the Montgomery County Job & Family Services and
Montgomery County Children Services, divisions of Montgomery County, Ohio.
d. Violations of criminal statutes that provide for civil recovery under R.C. 2307.60.
e. Negligence, negligence per se, reckless, wanton, willful, malicious, bad faith
actions of individuals in their individual capacities as employees of Montgomery
County Job & Family Services and Montgomery County Children Services
divisions of Montgomery County, Ohio.
4
2. This suit also prays for special relief, requesting the appointment of a Special
Master for the purpose of:
a. Conducting discovery, including enforcing confidentiality orders, and making all

information available to the Plaintiffs;
b. Acting to oversee the Defendants’ operations of the child abuse and neglect
provisions of law to correct the illegalities, assure appropriate training and
remedy the errors, omissions, and violations of law for the benefit of the children
of Montgomery County;
c. Assist the Court in providing advice on the declaratory, injunctive, and other
extraordinary relief sought; and
d. For all such further oversight, advice, counsel, and assistance to the Court and all
parties in this suit.
PRELIMINARY STATEMENT OF LAW
3. The law that creates the system of protection, enforcement, prosecution, and civil
remedies is found in:
a. Ohio Revised Code, and particularly R.C. §2151.421 and other revised code
sections;
b. Ohio Administrative Code, and in particular OAC Chapter 5101:2;
c. The Memorandum of Understanding Regarding the Reporting and Investigation

of Child Abuse and Neglect (Ex. 1) (hereinafter referred to as “MOU”) mandated
by R.C. § 2151.421(K) for the establishment of normal operating procedures of
the Montgomery County Children Services. The MOU establishes a standard of
care and provides for civil remedies and damages including exemplary/punitive
damages and attorney fees.
5
PARTIES
4. David Brannon (hereinafter referred to as “Plaintiff” or “Brannon”) is the
Administrator of the Estate of Takoda Collins, having been appointed same by the Montgomery
County Probate Court in Case No. 2020EST00199 on March 2, 2020.
5. Defendant/Discovery Defendant Montgomery County, Ohio (hereinafter
“County”) is a unit of local government organized under the laws of the State of Ohio and is
responsible within its boundaries for the exercise of all powers vested in and the performance of
all duties specifically conferred under Ohio law, including but not limited to the provision of a
child protection agency within its geographical boundaries, namely, the Montgomery County
Division of Job and Family Services and Montgomery County Children Services.
6. Defendant/Discovery Defendant Board of Commissioners of Montgomery
County Ohio (hereinafter referred to as “Commissioners”) is a political subdivision organized
under the law of the State of Ohio as defined by R.C. 2744.01(F) and is responsible for the
operation of the MCJFS by and through its Commissioners, Judy Dodge, Deborah Lieberman, and
Carolyn Rice. Said organization, persons, employees, and agents acted wantonly, willfully,
recklessly, negligently, and in bad faith in disregard to their duties under the statutory and common
law, proximately resulting in the injuries and death of Takoda Collins.
7. Defendant/Discovery Defendant Michael Colbert (hereinafter referred to as
“Colbert”) was, at all times relevant herein, the Administrator of Montgomery County, Ohio.
Defendant Colbert acted wantonly, willfully, recklessly, negligently, and not in good faith in
disregard to his duties under the statutory and common law, proximately resulting in the injuries
and death of Takoda Collins. Colbert also investigated and prepared a report concerning Takoda
Collins which will be sought in discovery.
6
8. Defendants Montgomery County Board of Commissioners and Montgomery
County Administrator was and is the governing body for Montgomery County with the power and
duties to appoint employees and oversee Montgomery County Job & Family Services (hereinafter
“MCJFS”) and Montgomery County Children Services (hereinafter “MCCS”) pursuant to Ohio
Revised Code sections 5101.21, 307.98, and 307.981. As the governing body for Montgomery
County and charged with the powers conferred to county commissioners by general law,
Defendant Montgomery County Board of Commissioners and Montgomery County Administrator
is subject to suit as set forth in R.C. 305.12.
9. MCJFS has the powers and duties to oversee MCCS pursuant to law. MCJFS acted
wantonly, willfully, recklessly, negligently, and not in good faith in disregard to its duties under
the statutory and common law, proximately resulting in the injuries and death of Takoda Collins.
10. Defendant Michelle Niedermier (hereinafter referred to as “Niedermier”) was, at
all times relevant herein, the director of MCJFS, who had supervisory powers over MCCS.
Defendant Niedermier acted intentionally, wantonly, willfully, recklessly, negligently, and not in
good faith, in disregard to her duties under the statutory and common law, proximately resulting
in the injuries and death of Takoda Collins.
11. MCCS is a public social services agency established pursuant to Ohio R.C. 5153.01
charged with, among other things, investigating, screening, and overseeing reports of suspected
child abuse and neglect, protecting children, and aiding in the prosecution of crimes against
children. MCCS acted wantonly, willfully, recklessly, negligently, and not in good faith in
disregard to their duties under the statutory and common law, proximately resulting in the injuries
and death of Takoda Collins.
12. Defendant Jewell Good (hereinafter “Good”) was, at all times relevant herein, the
7
assistant director for MCCS and, upon information and belief, was the chief
superintendent/manager/supervisor over Takoda Collins’ case. Defendant Good acted
intentionally, wantonly, willfully, recklessly, negligently, and not in good faith in disregard to her
duties under the statutory and common law, proximately resulting in the injuries and death of
Takoda Collins.
13. Defendant Debbie Shaw (hereinafter “Shaw”) was, at all times relevant herein, the
deputy assistant director for MCCS and, upon information and belief, was together or
independently of Good, responsible for supervision and management of the Takoda Collins’ case.
Defendant Shaw acted intentionally, wantonly, willfully recklessly, negligently, and not in good
faith in disregard of her duties under the statutory and common law, proximately resulting in the
injuries and death of Takoda Collins.
14. Defendant Jenny Cole (hereinafter “Cole”) was, at all times relevant herein, the
Manager of the Rapid Response Team of MCCS and had statutory and common law duties to
record abuse and neglect, screen, investigate reported abuse and neglect, conduct and complete
safety assessments, conduct face to face interviews of children, and in particular Takoda Collins,
and act to remove children, and in particular Takoda Collins from danger posed by Al-Mutahan
McLean, Amanda Lee Hinze, and Jennifer Ebert and/or anyone else involved in his neglect and
abuse. Cole acted wantonly, willfully, recklessly, negligently, and in bad faith, in disregard of her
duties under the statutory and common law, proximately resulting in the injuries and death of
Takoda Collins.
15. Defendants Debbie Riley (hereinafter “Riley”), Adrienne Holmes (hereinafter
“Holmes”), Charity Hastings (hereinafter “Hastings”), Bettie McCurtis (hereinafter “McCurtis”),
and Jessica Lyons (hereinafter “Lyons”) at all times relevant therein were supervisors of the Rapid
8
Response Team under the management of Cole and were, along with Jane and/or John Does 1-10,
social workers, case screeners, case workers, case managers, supervisors, or otherwise employees
and/or agents of MCCS, operating in the course and scope of their employment, as well as, at times
outside, and, jointly and severally, had statutory and common law duties to record abuse and
neglect, screen, investigate reported abuse and neglect, conduct and complete safety assessments,
conduct face to face meetings with Takoda Collins, and act to protect Takoda Collins from danger
posed by Al-Mutahan McLean, Amanda Lee Hinze, and Jennifer Ebert and/or anyone else
involved in his neglect and abuse. Said persons acted wantonly, willfully, recklessly, negligently,
maliciously, and in bad faith, in disregard of their duties under the statutory and common law,
proximately resulting in the injuries and death of Takoda Collins.
16. MCCS employees and/or agents, including but not limited to social workers, case
workers, and managers, are directed to investigate reports of child abuse and neglect. Based on
their investigations MCCS employees and/or agents are supposed to act under the law and are
required to make referrals to family service agencies, create protection plans for at-risk children,
and otherwise protect children at risk for abuse and neglect, including but not limited to removal
from their homes and placement in a safe environment until family reunification is determined to
be safe for the child. Said persons acted intentionally wantonly, willfully, recklessly, negligently,
maliciously, and not in good faith in disregard to their duties under the statutory and common law,
proximately resulting in the injuries and death of Takoda Collins.
17. Defendants Jane and/or John Does 1-10 are those persons who are individuals
and/or agents of the MCCS including supervisors, managers, case workers, screeners, or other
persons whose identities are not known at this time but shall be ascertained during discovery. Said
persons acted intentionally, wantonly, willfully, recklessly, maliciously, and not in good faith in
9
disregard to their duties under the statutory and common law, proximately resulting in the injuries
and death of Takoda Collins.
18. Pursuant to Ohio Civ. R. 19, Plaintiffs are unaware of the names of any other
necessary parties to this action and, therefore, are unable to join such parties at this time, other
than those disclosed to the public and included herein. Plaintiffs will immediately conduct
discovery pursuant to Ohio Civ. R. 37(D) and R.C. 2317.48 in order to ascertain the identity of
any such potentially adverse parties necessary, or like and similar defendants, and to ascertain any
other causes of action to which any child, or their guardian, may be entitled to relief/remedy against
the named Defendants or anyone yet to be made a necessary or indispensable party. 1 The
discovery of all reports, records, calls, information, and other matters in the SACWIS system on
the MCCS, MCJFS, and ODJFS will specifically be sought in this action. R.C. 2151.421 and .422
and OAC 5101:2-33-1, R.C. 5101.12, and by Court Order.
JURISDICTION
19. At the time of his death, Takoda Collins (hereinafter referred to as “Takoda”)
resided at 1934 Kensington Dr., Dayton, Ohio in Montgomery County, Ohio.
20. This Court has personal jurisdiction over the Defendants in this action pursuant to
R.C. 2307.382(A)(3) and subject matter jurisdiction over the Defendants pursuant to R.C. 2125.01
et seq and R.C. 3205.01.
VENUE
21. Venue is proper in Montgomery County, Ohio because Plaintiff’s claims for relief
1
It is the intent of this suit/complaint to not only recover compensatory and punitive damages for the claims and injuries of Plaintiff(s) but also
seek judicial relief to declare a better way to assure the safety, security, and welfare of abused children, and establish a method to review the
identify of any victim who has been subjected years to the kind of wrongful conduct that Takoda has suffered, as well as others now identified,
and yet to be identified by discovery; and to have the Court declare and approve a special plan or method of operation by which all parties and the
police can assure the parties, to the extent possible, that no such child abuses shall occur and/or will be properly identified, investigated, and
remedied.
10
and requests for remedial action, arose from injuries and wrongs that occurred in Montgomery
County, Ohio.
FACTS
22. Plaintiffs incorporate all previous paragraphs as if fully rewritten herein. At the
time of his death, Takoda Collins resided at 1934 Kensington Dr., Dayton, OH 45406 with his
father Al-Mutahan McLean; his father’s girlfriend, Amanda Hinze; and Amanda’s sister, Jennifer
Ebert.
23. Takoda was born on December 18, 2008, in Wisconsin, to Robin Collins and Al-
Muhatan McLean.
24. Takoda Collins’ grandmother, Kelly Sandoval, described him as a sweet, loving
little kid who always had a smile and would warm anyone’s heart. He went fishing when he was
young and was very active with other little kids. 2
25. Takoda was in the foster care of Anita Bredeson from the time he was an infant
until one day McLean arrived in Wisconsin and announced that he had taken a DNA test and was
Takoda’s father. Bredeson told local news that Takoda was very, very loved and wanted for
nothing in foster care. 3
26. Sandoval tried to get custody for Takoda for years after he was placed in foster care
but was denied custody by the Wisconsin courts because she was already raising other children in
her family. 4
27. On February 20, 2020, the Dayton Daily News offered a timeline including the
following: 5
2
Dayton Daily News, 12/26/19 “Family of Dead Dayton 10-year-old Locked in Attic: ‘He Just Wanted to Be Loved’
3
https://www.wdtn.com/news/woman-who-cared-for-takoda-collins-at-birth-explains-how-his-father-gained-custody/
4
Id.
5
https ://www.daytondailynews.com/news/crime--law/timeline-the-tragic-life-and-death-takoda-collins/Ch9uh2XNxTD959DSx0ZsWI/;
11
a. April 5, 2012: McLean hits and chokes man in Wisconsin because he thinks has his
phone. McLean pleads guilty to a disorderly conduct;
b. October 21, 2013: Robin Collins (Takoda’s mother) writes to the Wisconsin court and
asks for McLean to be prevented from leaving the state with Takoda, claiming
McLean’s treatment of Takoda is under investigation by child welfare officials in
Wisconsin;
c. October 23, 2013: Wisconsin court grants McLean permanent and sole custody of
Takoda;
d. February 26, 2014: Collins writes to the Wisconsin court advising that McLean moved
Takoda to Union City, Tennessee and advises that she has no information and does not
even know “how he is”;
e. June 30, 2014: McLean files his intent to move Takoda to Pennsylvania with the
Wisconsin courts;
f. August 18, 2014: Takoda Collins attends his first day of school at Horace Mann
Elementary School in Dayton;
g. February 19, 2016: Montgomery County Children’s Services calls Dayton police for a
“well check” regarding possible abuse of Takoda’s 9-year-old brother. No one answers
the door when the police arrive. 6 ;
h. August 20, 2016: Takoda’s older brother runs away. When found he tells the police
that he is forced to do squats while holding a heavy backpack as punishment. Police
contact Children’s Services and officers are told a referral was made. Police attempt
to search the Kensington drive address but could not access some parts because of pit
bulls and locked door;
i. May 11, 2018: Dayton Public Schools worker and Montgomery County Children’s
Services request a welfare check on Takoda because of fears he was being abused.
Police respond to the Kensington drive house and get no answer at the door;
j. Takoda’s teachers and, perhaps others at Horace Mann, made some 17-24 calls to
MCCS reporting suspected child abuse to Takoda. The exact number as required and
knowledgeable reporters, and recipient at MCCS is all documented on SACWIS
information system and will be discovered;
k. May12-24, 2018: Takoda is pulled from school by his father before the end of the
school year;
l. July 31, 2018: Takoda is formally withdrawn from school and is allegedly
6
In February 2016 Montgomery County Children’s Services received a call that Takoda’s 9-year-old brother had a black eye and possible child
neglect/father refused for school or Children’s Services to see the child”, a Montgomery County dispatch log says.”
https://www.daytondailynews.com/news/crime-law/agencies-meant-keep-abused-boy-alive-rarely-spoke/kHKr5LA0L7bEOIP03jpOEJ/
12
homeschooled;
m. November 18, 2018: McLean and Hinze call Dayton police complaining Takoda is
being unruly. McLean asks the police to take Takoda to the Juvenile Justice Center.
Once Takoda is in the back seat of the cruiser, McLean states he does not want to press
charges and will take Takoda to Kettering Hospital. Takoda was never seen at
Kettering Hospital. No report or follow up action was taken;
n. May 14, 2019: Collins calls Dayton police telling him she believes her son is being
abused by McLean. Police respond and dispatch records say they believed Takoda was
being cared for. Records do not say whether Children’s Services was contacted, or the
extent of the investigation;
o. On December 13, 2019 Takoda dies at Dayton Children’s Hospital. McLean is

arrested;
p. Dayton police serve a search warrant at the Kensington Drive house, locating several
items alleged to be involved in child abuse. The search warrant and affidavit will be
obtained through discovery.
28. A more recent update was published on June 26, 2020, after records review, by the
Dayton Daily News and is verbatim, as follows: 7
a. December 24, 2019: Al-Muhatan McLean, is accused of “extreme abuse” related

to the Dec. 13 death of his son, 10-year-old Takoda Collins.
b. December 28, 2019: The Dayton Daily News uncovers public records that show
a school worker and Takoda’s mother told police their concerns of possible abuse
more than a year before he died.
c. December 31, 2019: Search warrants uncovered by the Dayton Daily News show
authorities believe that a Taser and a metal spatula may have been among the
items used as part of alleged extreme child abuse against Takoda.
d. January 1, 2020: The Dayton Daily News obtains Wisconsin court records
showing McLean’s violent past criminal history.
e. January 5, 2020: Teachers tell the Dayton Daily News they called Children
Services numerous times before Takoda’s death.
f. January 6, 2020: Teachers are seeking new laws to better protect children like
Takoda.
7
https://www.daytondailynew.com/news/crime-law/timeline-our
-coverage/zU0o2MbJdUtcKUvmKRTySI/
13
g. January 11, 2020: State lawmakers react to Takoda’s case and seek an
independent review.
h. January 16, 2020: Montgomery County announces they are holding an internal
review of children services handling of Takoda Collins.
i. January 19, 2020: The community holds a vigil for Takoda Collins.
j. February 3, 2020: The citizen action group Takoda’s Call forms.
k. February 9, 2020: A Dayton Daily News investigation finds that Montgomery

County Children Services failed to meet standards for child safety in state-
mandated reviews during a time when reports of abuse and neglect made to the
agency ballooned.
l. February 23, 2020: The Dayton Daily News Reports that at least a half a dozen
agencies and institutions in three states were at some point involved in attempting
to protect the well-being of Takoda, but rarely spoke to one another.
m. February 27, 2020: Ohio Gov. Mike DeWine orders a review of Montgomery
County Children Services.
n. February 28, 2020: Montgomery County Coroner’s Office rules 2-month-old

Gabriel Clouse death a homicide.
o. February 29, 2020: DeWine tells the Dayton Daily News he ordered the review
after a baby was born with marijuana in his system and the case was closed after
only 12 days.
p. March 13, 2020: Montgomery County Coroner’s Office rules Takoda’s death a
homicide.
q. March 26, 2020: The Dayton Daily News finds educators and child advocates
across the Dayton region and state of Ohio are concerned school shutdowns due
to coronavirus mean many vulnerable children have lost their safe haven at the
same time family stresses have increased.
r. March 29, 2020: The Dayton Daily News exclusively reports a Children Services
worker was under investigation for placing two kids in a home with two sex
assault suspects.
s. April 5, 2020: State lawmakers are continuing to monitor the paper’s

investigation and search for ways to make Children Services more transparent.
t. May 14, 2020: The Dayton Daily News reports court documents in Takoda
14
Collins case have been restricted from public view.
u. June 16, 2020: Montgomery County Prosecutor Mat Heck Jr. announces
recommendations for how child abuse cases should be investigated for now on.
v. June 17, 2020: The union representing caseworkers tells the Dayton Daily News
the county’s refusal to fill many open caseworker positions will undermine
proposed reforms.
w. June 25, 2020: Dayton Police announce the have implemented policy changes to
how it conducts juvenile welfare checks.
29. Beginning in June 2016 until Takoda’s death, the Dayton police were at the home
on Kensington more than ten times. 8
30. McLean had an extensive history of violent behavior for which the Dayton Police
were aware, including the following:
a. April 5, 2012: McLean assaulted a man in Wisconsin because he thought the

man took his cell phone.
b. October 26, 2013: McLean was accused of assaulting his fiancée, Amanda
Hinze by allegedly hitting her over the head with a pipe, dragging her by her
hair to a car and punching her.
c. March 6, 2016: Hinze called Dayton Police stating that McLean was drunk and
refused to leave her residence. Police arrived and found McLean drunk and
argumentative. Takoda was present at this time.
d. May 25, 2016: Hinze called Dayton police “crying hysterically,” saying
McLean had hit her and refused to leave. Police responded to the scene.
e. June 9, 2016: Hinze called Dayton police stating that a neighbor is intoxicated
and threatening to kill her. Dayton Police arrived to find both the neighbor and
McLean intoxicated and fighting.
f. August 2, 2016: An unknown woman that McLean met in a bar and allegedly
assaulted in July 2016 filed a civil protection order against McLean.
31. On May 9, 2018, a Dayton Public School employee reported she had to call
8
https://www.daytondailynews.com/new/crime-law/team-lack-communicaton-may-have-led-ststem-failure-takoda-colllins-
death/UGb275dcbLUwSYk
15
Children’s Services on May 9, 2018 to report abuse by McLean. 9
32. MCCS, upon information and belief, received between 17-24 calls about Takoda
Collins and suspected child abuse.
33. On May 11, 2018 around noon a Dayton Public School employee contacted police
to check on the welfare of Takoda Collins after McLean called the school and stated Takoda was
sick and she was concerned that he may be being abused not actually sick. 10
34. On May 11, 2018, about twenty minutes after a Dayton Public School employee
contacted police, a case worker with Children’s Services also asked police to do a welfare check
on Takoda. 11
35. On November 16, 2018 Takoda was admitted to Children’s Medical Center after
falling from a second story window. He sustained a left deep foot laceration with tendon damage.
He was discharged from Children’s Medical Center on November 17, 2018.
36. On November 18, 2018: McLean and Hinze call Dayton police complaining that
Takoda was being unruly. McLean asks the police to take Takoda to the Juvenile Justice Center.
Once Takoda is in the back seat of the cruiser, McLean states he does not want to press charges
and will take Takoda to Kettering Hospital. Takoda was never seen at Kettering Hospital.
37. On May 14, 2019 Collins called the Dayton police and asked for them to check on
Takoda because she believed McLean was actively abusing him. Collins asked the officers to
speak with the child alone. 12 This is a statutory requirement as well as a protocol and procedure
for MCCS.
38. The police dispatcher asked Collins if she thought McLean was actively abusing
9
Springfield News-Sun, December 27, 2019 “Records show authorities aware of possible abuse involved dead 10-ear-old in 2018.
10
Id.
11
Id.
12
Id.
16
Takoda and she reported that she thought he was. Police subsequently reported they spoke with
McLean and reported the child was being cared for. 13
39. Records indicate that after the mother called the police to say she suspected Takoda
was being abused, officers did not refer the incident to Children Services. This occurred after Ohio
law had changed and mandated the police officers report abuse if they suspect it. 14
40. Three Dayton Public school employees – Superintendent Elizabeth Lolli, Horace
Mann teacher Joni Watson, a third employee wishing to remain anonymous, as well as other
teachers and employees, all stated that school employees reported their concerns about Takoda’s
safety multiple times over multiple years. 15
41. Dayton Public School officials reported abuse and neglect concerns to Montgomery
County Children’s Services beginning Takoda Collins first year at Horace Mann Elementary
School. 16
42. Some reports made by Dayton Public School officials alleged that Takoda had
physical injuries to his head.
43. Several reports made by Dayton Public School officials alleged that Takoda
smelled of urine and feces.
44. Several reports made by Dayton Public School officials included information that
Takoda’s head was shaved and his head exhibited signs of burns and infections.
45. Dayton Public school officials reported that Takoda was very skinny and he made
statements that his father was going to beat him again. Takoda stated that his father locked him in
rooms in no food for extended periods of time.
13
WHIO TV, December 31, 2019 at 12:34 p.m. “Call audio: Mother reports suspected abuse to dispatcher months before 10-year-old boy’s
death.
14
https://www.daytondailynews.com/new/crime--law/agencies-meant-keep-abused-boy-alive-rarely-spoke/kHKr5LA0L7bEOIP03jpOEJ/
15
Dayton Daily News, January 5, 2020 “Dayton teachers reported abuse concerns for years before child’s death”
16
https://www.daytondailynews.com/new/crime--law/agencies-meant-keep-abused-boy-alive-rarely-spoke/kHKr5LA0L7bEOIP03jpOEJ/
17
46. On December 13, 2019 McLean called 911 to Kensington Drive because Takoda
Collins was unresponsive. He was transported to Dayton Children’s Hospital with multiple cuts
and bruises all over his body, where he was pronounced dead. 17
47. In his 911 call, McLean advised that Takoda had mental behavior and hurts himself
all the time, slams his head when he does not get his way, it never ends. 18
48. Pictures taken by the Montgomery County Coroner’s Office show cuts and bruises
throughout Takoda’s body, especially on his torso, back and buttocks and a report states the boy
suffered multiple blunt force trauma injuries. Parts of his body were purple with bruising,
including the small of his back, his buttocks, and the back of his thighs. He also had cuts
throughout his body and a noticeable bruise on his temple. A preliminary autopsy report says he
suffered from multiple blunt force trauma injuries. The report also indicated he had multiple
healing rib fractures. 19
49. Photographs taken by officials inside the Kensington Drive house shows blood
splatter on a wall and one door was outfitted with padlock hasp with a combination lock hanging
from it. There was also a photo with a bathtub filled with a few inches of water. 20
50. In an affidavit filed with the court, detectives learned that there had been extreme
abuse for an extended amount of time by McLean. 21
51. Interviews revealed that Takoda was kept in a dirty, locked, dark attic and abused
daily over the course of several years. He was held under water and gasping for breath prior to
succumbing to his injuries. 22
17
Dayton Daily News, December 23, 2019 Records:10-year-old boy abused daily for years prior to death; man indicated
18
Dayton Daily News, December 25, 2019 Dad says Dayton boy at center of ‘extreme abuse case hurt himself.
19
Dayton Daily News, December 24, 2019 Preliminary autopsy of Dayton 10-year-old-shows cuts, bruises all over body.
20
Id.
21
Id
22
Id
18
52. McLean physically and emotionally abused Takoda while Hinze and Ebert allowed
and participated in it, and at times, reported to McLean if Takoda was not doing what he was
supposed to, knowing that the reporting would result in a beating. 23
53. Takoda was beaten, locked in a dark attic naked and made to stand bent-over and
cross-legged for long periods of time. He reportedly ate his own feces and was forced to drink a
large amount of water or was possibly held underwater prior to his death. 24
54. On March 12, 2020 Montgomery County Coroner Dr. Kent Hershberger ruled that
the death of Takoda Collins was a homicide and stated that he suffered blunt force trauma,
compressive asphyxia, and water submersion (bathtub). 25
55. McLean was charged with endangering children, assault, and rape.
56. Hinze and her sister, Ebert, were both initially charged with endangering children.
57. On June 1, 2020, involuntary manslaughter was added to the list of charges against
Ebert along with the four endangering children charges. 26
58. On January 15, 2020, County Administrator Michael Colbert announced that he
was launching an internal review into the involvement of Montgomery County Children Services
with regards to Takoda Collins. 27 The review will be obtained through discovery.
59. One teacher at Collins’ school sent an email to Ohio State Sen. Steve Huffman
claiming that Collins’ father threatened school staff after they made 17 complaints about suspected
abuse to county agencies. 28
60. Former Sheriff and State Representative Phil Plummer stated in an interview with
23
Id.
24
Dayton Daily News, December 24, 2019 ‘Locked in the attic naked:’ Dayton 10-year-old abused before death, police say
25
https://www.daytondailynews.com/news/crime--law/cuase-death-released-takoda-collins-investigation/qmzHLEZQHjvo7m6VL7EbYI/
26
https://www,daytondailynews.com/news/crime--law/takoda-collins-suspect-faces-misdemeanor-involuntary-manslaughter-
charge/WIW3qCMxezbjqoU9
27
https://dayton247now.com/news/local/internal-review-launched-of...
28
https://www.ncb15.com/content/news/New-deails-in-Ohio-case-of-child-absue-of-10-year-old-Protage-boy-566987851.html
19
the Dayton Daily News that “we need more communication out of them. Even being in law
enforcement for years there’s a lack of communication between Children’s Services and law
enforcement.” He further stated that the Director of Children’s Services has discretion and can
release information about a case. 29
61. Montgomery County Prosecuting Attorney Matt Heck also reported to news
reporters on June 16, 2020 that information must be shared between the agencies that have the
responsibility to investigate and respond to child abuse and neglect. This is allowed by law and
that did not happen in the Collins or other cases. 30
62. Prosecutor Matt Heck published a list of “recommendations” to prevent any future
cases like Takoda and it is attached as Exhibit 2. The recommendations are standards of care for
children that were applicable during the time of Takoda’s abuses and death. These standards were
recklessly, willfully, wantonly, negligently, and with malice, disregarded, proximately resulting in
the injuries, damages, and wrongful death to Takoda.
63. On August 26, 2020 Montgomery County Children Services announced its plan to
reorganize its structure to add the position of Manager of Community and Client Outcomes. This
reorganization was provided in response to the practice standards outlined in Child Protection
Oversight and Evaluation Review, the Administrative Review for Takoda Collins, and the
Governor’s Alternative Response Services review. (Ex. 3)
64. On September 1, 2020, Jewel Good, the assistant director of MCCS resigned her
position. 31
65. Montgomery County Jobs and Family Services failed to meet five of the seven
29
https://dayton237now.com/news/local/former-children-service-employee-asks for-changes-after-takoda-collins-death
30
https://www.whio.com/news/local/takoda-collins-information-sharing-permitted-by-law-between-agencies-didnt-happen-prosecutor-
says/SRBAON3X
31
https://www.daytondailynews.com/crime/leader-of-montgomery-county-children-services-leaving/HJ2NQIZULNH75NFTGMG7UUU5CU/
20
federal data standards and four of the seven state standards according to a review completed in
August 2019. 32
66. Beginning in 2010 Ohio children services agencies unlawfully and arbitrarily
transitioned to a response system that offers two options for responding to reports of child abuse
and neglect: the traditional response and the alternative response. An alternative response may
be used in cases where a report does not allege serious or imminent harm. 33
67. Takoda Collins case was egregiously and improperly determined to be an
alternative response case and was closed by Montgomery County 19 months prior to his death. 34
68. Ohio Department of Job and Family Services is working on the details of a
governor-ordered intensive review of Montgomery County Children’s Services cases.
Montgomery County is the only county in the state that will receive this intensive oversight. 35
69. On June 25, 2020, the Dayton Police announced that they had implemented
changes to address how it conducts child welfare checks, now mandating that officers complete a
memo when they are called to do a welfare check in addition to contacting Children’s Services
and, also, that there must be additional follow-up by police personnel if the result of a welfare
check is a “no answer “at the door. 36 The original and revised standards, protocols, polices will be
obtained through discovery.
FIRST CAUSE OF ACTION
(Petition for Discovery Against Defendants County, Board of County Commissioners, and
Colbert)
32
https://www.wdtn.com/news/loca-news/montgomery-co-jobs-and-family-services-below-national-standards-on-5-of-7-categories/
33
https://www.wdtn.com/new/local-news/gov-dewine-orders-review-of-child-welare-cases-in-montgomery-county/
34
https://www.daytondailynews.com/news/crime--law/here-what-the-state-reviewing-local-childrens-services-after-
deaths/YciWomaeyQU9Q6TNFV8IHM/
35
https://www.daytondailynews.com/news/local/citizens-group-children-services-needs-external-ombudsman/9RdsrfRIWL9XuvQvKLkwCP/
36
Dayton Daily News, June 25, 2020 Takoda case leads to new policies. These will be obtained in discovery and see if they are compliant with
laws and standards as set forth in R.C. 2151.421, the Memorandum of Understanding (Section K et seq.), other statutory and common law duties.
21
70. Plaintiffs incorporate all foregoing paragraphs as if fully rewritten herein.
71. At all times relevant hereto, and pursuant to R.C. 2151 et seq. and OAC 5101:2 et
seq, Defendants County by and through its divisions MCJFS and MCCS Commissioners, Colbert,
(hereinafter referred to at times as “County Defendants”) by and their employees, agents, and/or
representatives were required to comply with rules and regulations, protocols, statutes, and
standards pertaining to the processing, investigation, handling and reporting of child abuse and
neglect.
72. The County Defendants, by and through the MCJFS and MCCS, their employees,
agents, and/or representatives including but not limited to Niedermeir, Good, Shaw, Cole, Riley,
Holmes, Hastings, McCurtis, Lyons, and Jane and/or John Does 1-10, owed Takoda Collins a
statutory duty and/or a common law duty to properly process, investigate, handle, and report the
allegations of physical abuse committed against Takoda Collins by McLean, Hinze, and Ebert.
Holmes, Hastings, McCurtis, Lyons, and Jane and/or John Does 1-10, egregiously failed to
properly process, investigate, handle, and report the child abuse and neglect of Takoda, as
evidenced by the following actions and inactions:
a. Between August 18, 2014 and December 13, 2019 Defendants misclassified
reports of physical abuse, such that proper procedures were not followed regarding
face to face interviews, safety risk assessments, and the appropriate measures to
ensure Takoda’s safety;
b. Between August 18, 2014 and December 13, 2019 Defendants failed to perform
comprehensive risk assessments for Takoda despite multiple reports of physical
abuse;
c. Between August 18, 2014 and December 13, 2019 Defendants failed to notify
Robin Collins regarding reports of abuse regarding Takoda;
22
d. Between August 18, 2014 and December 13, 2019 Defendants ignored a
documented history of abuse, including reports of abuse by Takoda’s step-brother;
e. Between August 18, 2014 and December 13, 2019 Defendants ignored explicit
reports from Takoda that his father was physically abusing him;
f. Between August 18, 2014 and December 13, 2019, Defendants failed to conduct
appropriate interviews of collateral sources;
g. Between August 18, 2014 and December 13, 2019, Defendants screened out reports
of physical abuse despite multiple reports providing new and additional information
about Takoda;
h. After receiving requests from Takoda Collins’ mother and from multiple sources
within the Dayton Public School system that Takoda was being physically abused
by his father, Defendants permitted McLean to preclude anyone from interviewing
or contacting Takoda;
i. Between August 18, 2014 and December 13, 2019 Defendants failed to investigate
and/or actively ignored multiple reports of physical abuse and trauma, thereby
permitting McLean, Hinze, and Ebert continued contact with Takoda, ultimately
resulting in his death;
j. Between August 18, 2014 and December 13, 2019 Defendants repeatedly classified
reports of abuse as alternative responses without any proper or thorough assessment
and investigation;
k. Between August 18, 2014 and December 13, 2019 Defendants failed to remove
Takoda from a violent and dangerous environment despite explicit concerns voiced
by family members, teachers, and reports of abuse to his own step-brother, thereby
subjecting Takoda to further physical abuses and torture at the hands of McLean,
Hinze, and Ebert;
l. Between August 18, 2014 and December 13, 2019 Defendants failed to protect
Takoda from McLean, Hinze, and Ebert when Defendants knew or should have
known that McLean, Hinze, and Ebert posed a substantial threat to the health,
safety, and well-being of Takoda.
Holmes, Hastings, McCurtis, Lyons, and Jane and/or John Does 1-10 failed to properly train and
supervise their employees, agents, and/or representatives on the proper processing, investigating
23
and handling of reports of child abuse and neglect.
75. It is anticipated that County Defendants will assert their right to immunity under
Ohio Revised Code 2744 et seq.
76. Accordingly, this matter must proceed against the employees, agents and/or
representatives of the County Defendants involved in the processing of reports regarding Takoda
Collins and the investigation or lack thereof into those reports.
77. As set forth herein, the employees, agents, and/or representatives of the County
Defendants including but not limited to Defendants Niedermier, Good, Shaw, Cole, Riley, Holmes,
Hastings, McCurtis, Lyons, and Jane and/or John Does 1-10 were reckless and wanton in the
manner in which they processed, investigated, handled and reported the child abuse and neglect of
Takoda Collins.
78. Pursuant to Ohio Revised Code 2744.07, even if the County Defendants are not
made parties to this action, County Defendants are required to indemnify its employees, agents,
and/or representatives for their intentional, reckless, willful, wanton, malicious, and not in good
faith acts in relation to the manner in which the employees processed, investigated, handled, and
reported the child abuse and neglect of Takoda Collins.
79. Discovery Defendants are in the sole possession of information pertaining to the
identities and potential liability of its employees, agents, and/or representatives including but not
limited to Defendants Niedermier, Good, Shaw, Cole, Riley, Holmes, Hastings, McCurtis, Lyons
and Jane and/or John Does 1-10.
80. Plaintiff requested that Plaintiff be permitted to inspect or that County Defendants
produce all materials in their possession pertaining to the processing, handling, investigating, or
reporting of child abuse and neglect of Takoda Collins but was refused.
24
81. As certain Montgomery County Defendants cannot be made parties to this action
and have refused to voluntarily provide materials identifying all employees, agents, and/or
representatives involved in the processing, investigating, handling, and reporting the child abuse
and neglect of Takoda Collins, Plaintiff is required to file the instant Petition/Complaint for
Discovery, as well as the claims under Civ. R. 8.
82. To that end, Plaintiff requires the production of or be permitted to inspect the
following items:
a. All materials relating to the processing, investigating, handling, and reporting of

the child abuse and neglect of Takoda Collins, including but not limited to all call
logs from the Call Center, all SACWIS computer and other computer records,
intake logs, activity logs, correspondence, case summary notes, handwritten or
electronic notes from MCJFS and/or MCCS employees, agents, and or
representatives, referrals, and/or reports, and any document identifying the
employees, agents, and/or representatives involved in any aspect of processing,
handling, and investigating reports of child abuse and neglect relating to Takoda
Collins.
b. Any and all findings or reports regarding Takoda Collins’ death, including but
not limited to any report or recommendations issued by the Montgomery County
Child Fatality Review Board, the MCCS, or any other agent or entity authorized
by the County Defendants for the purposes of reviewing Takoda Collins’ death.
c. Any and all findings or reports issued by the Montgomery County Jobs and
Family Services and the Ohio Department of Jobs and Family Services,
Montgomery County Children Services and Dayton Police, and Montgomery
County Prosecutor (after the criminal prosecution or under a protective order as
part of their investigation into Takoda Collins’ death.
d. Any and all information concerning Takoda Collins and any other child who has
been subject or failed to be subject of child negligent or abuse, reports, including
all information in (a)-(c) above.
83. Plaintiffs request an Order from this Court authorizing Plaintiff to obtain the
requested discovery from County Defendants.
SECOND CAUSE OF ACTION
25
(Montgomery County Children Services Memorandum of Understanding Regarding the
Reporting and Investigation of Child Abuse and Neglect)
84. Plaintiff incorporates all foregoing paragraphs as if fully rewritten herein.
85. Ohio Revised Code §2151.421(K) requires a Memorandum of Understanding
(MOU) to set forth the normal operating procedures to be employed by all concerned officials in
the execution of their respective responsibilities as required by law.
86. The purpose of the MOU is to clearly delineate the roles and responsibilities of each
official or agency in assessing or investigating child abuse or neglect in the county.
87. The Children Services Division (MCCS) of the Montgomery County Department
of Job & Family Services is the agency in Montgomery County mandated by law to be responsible
for receiving reports of alleged child abuse. (Article II, MOU).
88. Defendant Niedermier is the director of MCJFS.
89. Defendant Good is the assistant director of MCCS.
90. Reports of child abuse are to either been “screened in” or “screened out”. A report
of child abuse is “screened in” a report is required to be made to the authorities not later than the
next working day. In the event a report is “screened out” the authorities are to be notified no later
than four working days. (Article III, MOU).
91. Despite the multiple reports of child abuse to MCCS, reports were not made.
92. Upon receipt of a report, either orally or in writing, of an allegation of child abuse,
MCJFS through MCCS is required to collect information and document that information in
SACWIS. (Article VI, MOU).
93. MCCS is required to consider a report an emergency when it is determined that
there is imminent risk to the child. (Article VI, MOU).
94. Despite multiple reports of imminent risk from school officials and others, MCCS
26
failed to initiate any investigation for Takoda Collins.
95. MCCS is required to initiate an assessment and/or investigation within one hour of
receipt of an emergency referral by making or attempting to make face-to-face contact with the
child. (Article VI, MOU).
96. On no occasion, despite multiple reports, did MCCS ever make, or attempt to make,
face to face contact with Takoda Collins.
97. If not an emergency, MCCS is required to initiate an assessment and/or
investigation within twenty-four hours of receipt of the referral. (Article VI, MOU).
98. MCCS is required to attempt contact every five business days to see the child for a
period of four weeks in neglect or abuse case. The case record must document the attempts to
locate the correct address and make face-to-face contact. (Article VI, MOU).
99. On no occasion, despite multiple reports, did MCCS ever make contact or attempt
to make contact with Takoda Collins every five days for four weeks. At no time did the case
record document any attempt to locate and make face-to-face contact with Takoda Collins.
100. Reports of abuse to the MCCS by school officials are required to be documented in
writing using Form 175. (Article XV, MOU).
101. Upon information and belief, Form 175 no longer exists at MCCS.
102. A Children Services worker is required to contact the school liaison to coordinate
the investigation of reported child abuse. (Article XV, MOU).
103. At no time, despite the multiple reports of child abuse, did MCCS contact any
member of Horace Mann school or any other Dayton Public School about Takoda.
104. The MOU is required to be updated pursuant to Article XXI and the Ohio
Administrative Code to keep it current.
27
105. The committee of MCJFS and MCCS and others required did not update the MOU
as required, as is evidenced by improper references to Ohio Revised Code Sections and strike-
throughs to different sections.
106. Instead of updating the actual MOU, in 2017 employees of MCCS were instructed
to take only the signature pages to the required signatories and obtain their signatures. They were
not provided with either the old document or the updated MOU and were not advised of the
changes that were contemplated.
107. A copy of the MOU cannot be found at the Dayton Police Department, the
Montgomery County Sheriff’s Office, the Montgomery County Clerk of Courts and, upon
information and belief, at the offices of any of the other signatories to the document.
108. MCCS has failed to follow many of the provisions of the MOU and, egregiously,
eliminated some of the requirements of the Ohio Revised Code and the Ohio Administrative Code
by crossing out required sections.
109. Defendants Niedermier and Good were responsible to assure that the provisions of
the MOU were implemented in accordance with Ohio law through Defendants Shaw, Cole, Riley,
Holmes, Hastings, McCurtis, Lyons, and Jane and/or John Does 1-10 and negligently, negligently
per se, willfully, wantonly, recklessly, maliciously, and not in good faith failed to assure that the
provisions of the MOU were followed by all other Defendants.
110. As a direct and proximate result of the willful, wanton, reckless, malicious, and not
in good faith actions of Defendants Niedermier and Good in failing to assure that the provisions
of the MOU were followed, the Plaintiff suffered injuries and damages as plead herein.
THIRD CAUSE OF ACTION
(Mandatory Duties of MCJFS, MCCS, County Employees, Their Agents, Employees

and Other Defendants in Child Abuse/Neglect Matters)
28
112. Complaints made to the MCCS are processed through the Rapid Response Team
and through its agents and/or employees.
113. MCCS through its agents and/or employees determine whether the report will be
accepted for investigation (“screened in”) or whether the report is unfounded, there is no or low
risk, or no service needs (“screened out”).
114. If the report is screened in, it is assigned to an intake specialist within MCCS for
investigation.
115. The investigation is required to include an assessment of safety and family function.
116. Once a report of child abuse and neglect has been made, MCCS employees, agents,
and/or representatives are required to follow the investigative procedures, practices, and timelines
as outlined in Ohio Administrative code 5101 et seq.
117. Based on the initial assessment, the intake specialist is required to timely
118. determine the risk level to the child, between moderate, high, or intensive, and
determine whether there is a need for services. This is reviewed by supervisors.
119. In the event the report is determined to be an emergency, such as in the instance of
physical abuse, MCCS employees, agents, and/or representatives are required to have face-to-face
contact with the target child within one hour from the time the report is screened in. Despite the
statutory requirements, the MOU has crossed this requirement out of its operating procedure.
120. MCCS employees, agents, and/or representatives are to conduct a background
review and complete an activity log documenting all information found, including historical case
records regarding the target child and perpetrator, the child welfare history from any other county
or state, a public records check for every adult in the home, a check of the national sex offender
29
registry, and a public record check on the non-custodial parent.
121. If a report is determined to require services, the intake specialist must determine
whether the child can be safely maintained in the home. If the child cannot be safely maintained
in the home, a placement decision is made by MCCS employees, agents, and/or representatives,
whereby the child will be placed with a relative, or into a foster home, group home, or institution.
122. If the child can be safely maintained in the home, MCCS employees, agents, and/or
representatives are required to provide on-going family services and develop or amend any case
plans to ensure the safety of the child.
123. On-going evaluation by MCCS employees, agents, and/or representatives is
required to ensure the case plan objectives are met, the threat to the child is alleviated, or, if the
threat has not been alleviated, to determine whether termination of custody is appropriate.
124. Cases reported to MCCS are not to be closed absent a complete investigation into
the safety and welfare of the child.
125. MCCS employees, agents, and/or representatives failed to follow MCCS written
policies and procedures, as well as OAC 5101 et seq when screening and responding to each report
of abuse and neglect regarding Takoda and other children victims.
126. MCCS classifies its cases as “alternative response” or “traditional.” MCCS
designates a matter as an “alternative response” case when reports to MCCS do not allege serious
arm. When designated as “alternative response case, MCCS staff members are supposed to
provide services to the family and a safety assessment.
127. When designated a “traditional” case, MCCS is required to substantiate the
allegation of serious harm by opening a formal investigation. This should always be the case as
recommended by statue. Arbitrary, capricious, and unreasonable determinations by screeners,
30
reviewers, managers, and supervisors are inherently negligent, reckless, wanton, willful, and not
in good faith.
128. The decision to designate a case regarding intake on a report to MCCS is guided by
state law but ultimately made by MCCS supervisors. This procedure is inherently arbitrary,
capricious, unreasonable, flawed, often abused and is a danger to abused and neglected children
such as Takoda.
129. MCCS caseworkers, unimaginably, referred Takoda to the alternative response, a
program designed for non-serious cases, on every occasion.
130. The alternative response program is permitted only when the report does not allege
serious or imminent harm and there is no substantiation of the allegation of abuse and neglect.
131. An alternative response program is permitted only after a comprehensive safety,
risk, and family assessment has been completed.
132. The reports to MCCS involved allegations of physical abuse that were substantiated
by Takoda’s teacher and others. The case was not appropriate for any alternate response, nor
should the alternative response be utilized ever.
133. MCCS caseworkers, on information, had only a single contact with the Dayton
Police Department and did not perform a single interview the Takoda’s teachers or school officials.
134. MCCS caseworkers were also advised of several documented instances in which
physical injuries were observed on Takoda by his teachers.
135. MCCS caseworkers did not review or obtain any reports from the school, as
required under MOU protocol for teachers, OAC, and statute requirements.
136. MCCS caseworkers performed no follow up whatsoever to determine if Takoda
was safe.
31
137. MCCS supervisors failed to properly supervise, monitor, or document the activities
of McLean, Hinze, and Ebert.
138. McLean, Hinze, and Ebert’s continued to physically and psychologically abuse
Takoda because Defendant Montgomery County, by and through the MCJFS and MCCS, and their
employees, agents, and/or representatives failed to properly investigate and/or respond to many
reports of abuse and neglect of Takoda.
139. No MCCS employee, agent, or anyone contacted MCJFS or law enforcement
regarding incidents of reported abuse as is required under OAC 5101:2-12-19(D).
140. Instead of performing an adequate investigation into the multiple reports of abuse,
Defendant MCCS and any and all employees, agents, and/or representatives of MCJFS and MCCS
including but not limited to Niedermier, Good, Shaw, Cole, Riley, Holmes, Hastings, McCurtis,
Lyons, and Jane and/or John Does 1-10 abdicated their duties under the law, by simply placing the
case into the alternative response pathway.
141. Placing the case into the alternative response pathway was not permissible as the
reports involved allegations of physical abuse.
142. Placing the case into the alternative response pathway was not permissible as a
comprehensive safety, risk, and family assessment was never completed.
143. Montgomery County Defendants, MCJFS, MCCS, their employees, agents, and
others breached their duties under OAC 5101:2-36-20(Y)(4) and OAC 5101:2-36-03(AA)(6) by
failing to timely notify Robin Collins of the report of abuse.
144. MCCS employees, agents, and/or representatives breached their duties under OAC
5101:2-33-23 and OAC 5101:2-33-70 failed to document case record information into the
Statewide Automated Child Welfare Information System (“SACWIS”).
32
145. In Takoda’s case, MCCS failed to follow the rules or meet standards for either
alternative response or traditional cases, but instead, complaints were processed recklessly,
willfully, wantonly, maliciously and in violation of the statutory and common law, proximately
resulting in the injuries, damages, and death of Takoda.
146. Under R.C. 2151.421, Ohio statutory law imposes a duty on teachers, school
employees, “employee[s] of a county department of job and family services and/or children
services agency, who is a professional and who works with children and families,” among others,
acting in an official or professional capacity, who knows or has reasonable cause to suspect that a
child under eighteen years has suffered physical or mental abuse or neglect, to make a report to
the public children services agency or peace officer in the county where the child resides.
147. Any report made under R.C. 2151.421 et seq., shall be made by telephone or in-
person, and shall be followed by a written report. Further, if the report involves photographs,
medical examination or procedures, and other evidence, it shall be provided in any report to the
agency of peace officer. All such matters are required to be recorded on SACWIS.
148. When a public child services agency receives a report under R.C. 2151.421( E) (2),
the agency shall do both: comply with R.C. 2151.422 and if the county served by the agency is
also served by a children’s advocacy center and the report alleges abuse, comply with the protocol
and procedures for referrals and investigations, as stipulated in any interagency agreement. This
was not done.
149. A children services board and its agents have a duty to investigate and report their
findings as required by R.C. 2151.421 when a specific child is identified as abused or neglected,
and the public duty doctrine may not be raised as a defense for agency failure to comply with such
33
statutory requirements. 37
150. Under R.C. 5153.16(A)(1), MCCS is statutorily required to make an investigation
concerning any child alleged to be an abused, neglected, or dependent child.
151. Under R.C. 5153.16(A)(16), MCCS and its director(s) shall implement a system of
safety and risk assessment in accordance with the rules adopted by the director of job and family
services, to assist the public children services agency in determining the risk of abuse or neglect
to a child.
152. Under R.C. 5153.16(B), the public children services agency shall use the system
implemented under R.C. 5153.16(A)(16), in connection with an investigation undertaken pursuant
to R.C. 2151.421(G)(1), to assess the ongoing safety of the child and the appropriateness and
duration of services provided to meet child and family needs throughout the duration of the case.
153. Under O.A.C. 5101:2-36-01 et seq., MCCS failed to screen and investigate matters
related to Takoda Collins, including intake and screening, interviews, assessments, referrals, and
reports. This is a habitual deviation at MCCS.
154. The MCCS case worker, screener and/or manager/supervisor was required under
OAC 5101:2-36-20(Q) and 5101:2-36-03(Q) to perform a face to face or phone interview with any
person identified as a collateral source of information.
155. MCCS case workers were required under OAC 5101:2-36-20(Y)(4) and OAC
5101:2-36-03(AA)(6) to contact the non-custodial parent, Robin Collins, once a report, report
disposition, and case decision has been made.
156. Under O.A.C. 5101:2-37-01 et seq., MCCS failed to screen and investigate matters
related to Takoda Collins, including intake and screening, interviews, assessments, referrals, and
37
Brodie v Summit County Children Services Bd., 51 Ohio St. 3d 112, 554 N.E. 2d 1301, 1990 Ohio LEXIS 229 (Ohio 1990).
34
reports.
157. Defendants were aware, or certainly should have been aware, that Takoda had been
subject to physical and mental abuse.
158. Upon receiving a referral from the police, MCCS failed to initiate any investigation,
“traditional” or “alternative response.”
159. Upon receiving the reports of child abuse from the teachers at Horace Mann, the
MCCS failed to initiate any investigation. A face-to-face interview was required, and certain
forms were required to be completed. Neither of these conditions were met.
160. The reports should have been categorized as “traditional” or “emergency” wherein
a face to face meeting within one hour, and no later than twenty-four hours, would have been
required.
161. There was no justification for not interviewing Takoda and the failure to do so put
him in continuous physical and emotional harm.
162. MCJFS and MCCS, by and through their employees, agents, and/or representatives
breached their duties under OAC 5101:2-36-30 by failing to have a face to face meeting within 24
hours of each report of abuse.
163. Upon receiving other reports of child abuse from the mother, Robin Collins,
grandmother, and others, MCCS failed to open an investigation.
164. No investigation or matter was open with MCCS at the time Takoda died.
165. Defendant Good opines that “[MCCS] can only remove a child if a judge makes a
court order or if law enforcement says we’re going to take this child under officer acceptance” and
did fail in dereliction of duty to investigate, coordinate with other agencies, or perform their own
separate statutory duties in cooperation with law enforcement.
35
166. Defendants acted negligently, negligently per se, recklessly, willfully, wantonly,
maliciously and not in good faith in changing the enforcement policies of MCCS and in failing to
follow the regulatory provisions of the Ohio Revised Code, Ohio Administrative Code, and
standard practices and protocols.
167. Defendants acted recklessly, negligently, willfully, wantonly, not in good faith, and
unlawfully in interpreting the requirements of the law and in implementing the policy and
procedures its agents followed.
168. MCCS and its employees, agents, and/or representatives failed to protect Takoda,
choosing instead to actively ignore the clear signs, reports, mandatory reports, and facts that
McLean, Hinze, and Ebert were escalating their violence against Takoda and serious injury,
including death, was substantially likely to result.
169. The Defendants were in possession of policies, procedures, protocols and other
documents that they were required to utilize, follow, and guide their conduct, all of which was
negligently, willfully, wantonly, recklessly, not in good faith, and maliciously and not adhered to.
170. Pursuant to 2151.121(K), a memorandum of understanding (MOU) mandatorily
applicable to Defendants regarding the reporting and investigation of child abuse and neglect shall
be prepared by the MCCS, MCJFS and signed by all the parties set forth in (K)(1)(a)-(i); (3), (4),
and (5) shall set forth the standards and procedures to be employed by concerned
officials/employees/MCCS and law enforcement (including Dayton Police) in the execution of
their responsibilities under the law and set forth the roles and responsibilities to be used in handling
the coordination and investigation of reported cases of child abuse and neglect. Section (3)(a), (4),
and (c) et seq.
171. Defendant MCCS, by and through its principals, agents, and/or employees,
36
including but not limited to Defendants Good, Shaw, Cole, Riley, Holmes, Hastings, McCurtis,
Lyons, and Jane and/or John Does 1-10 were contacted no less than 15 and up to 24 different
occasions by teachers and employees of the Dayton Public Schools between August 18, 2014 and
May 24, 2018 with concerns about bruises, bleeding, smelling of urine and feces, extremely
underweight, and other signs of abuse. At one point, Takoda told his teachers that his father was
abusing him, and this was reported to MCCS.
172. Despite these reports and suspicions that Takoda was being abused by his father,
McLean, his father’s girlfriend, Hinze, and Hinze’s sister, Ebert, and explicit reports from Takoda
to his teacher that McLean was abusing him (“he’s going to beat my ass”) MCCS did not report
anything or take any action to help Takoda.
173. Defendants Good, Shaw, Cole, Riley, Holmes, Hastings, McCurtis, Lyons, and
Jane and/or John Doe 1-10 willful, wanton, negligent, reckless, and malicious failure to report the
abuse and neglect was not in good faith, resulted in Takoda being continually subjected to horrific
physical abuse, including rape, torture, and psychological abuse at the hands of McLean, Hinze
and Ebert, proximately resulted in his death.
174. As a result of the systemic and institutional failures of Defendants, jointly and
severally, on December 13, 2019, the physical abuse, torture, and neglect of Takoda became so
pervasive, severe, and unchecked, that Takoda ultimately succumbed to the physical injuries
inflicted on him by his own father, his father’s girlfriend, and her sister. His preliminary cause of
death was determined to be multiple blunt force injuries (i.e. child and sex abuse).
175. Takoda was also found to be severely malnourished before and after his death. This
had been reported by teachers and was readily observable on any cursory examination.
176. On March 12, 2020 Montgomery County Coroner Dr. Kent Harshbarger officially
37
ruled that the death of Takoda Collins was a homicide and stated that he suffered blunt force
trauma, compressive asphyxia, and water submersion (bathtub). (Ex. 4)
177. Takoda was kept in a dirty, locked, dark attic and abused daily over the course of
several years. He was held under water and gasping for breath prior to succumbing to his injuries,
he was beaten, locked in a dark attic naked, and made to stand bent-over and cross-legged for long
periods of time. He reportedly ate his own feces and was forced to drink large amounts of water
or was held underwater prior to his death and was raped by his father prior to his death. His had
severe bruising, broken ribs, and other signs of trauma. His death was slow and agonizing.
178. The instant cause of action seeks to hold Defendants, jointly and severally,
responsible for Takoda Collins’ brutal death, but also to hold all Defendants accountable for their
gross negligence, negligence and/or recklessness, wantonness willfulness, bad faith, and malice in
the manner in which they processed, reported, and/or failed to report and investigate the abuse and
neglect of Takoda. Defendants, jointly and severally, ignored clear signs of abuse and neglect and
failed to protect a vulnerable child, dependent upon Defendants for protection, negligently,
recklessly, willfully, wantonly, and maliciously egregiously breaching reasonable standards of
care and their statutory obligations. As a result, Takoda died a brutal, excruciating, and avoidable
death.
179. The Ohio Department of Jobs and Family Services has completed a separate
investigation into MCCS handling of reports of abuse and neglect regarding Takoda and that report
will be obtained through discovery.
FOURTH CAUSE OF ACTION
(Defendants Niedermier, Good, Shaw, Cole, Riley, Holmes, Hasting, McCurtis, Lyons and
Jane and/or John Does 1-10 Are Not Entitled to Immunity)
38
181. Plaintiff brings this suit against Niedermier, Good, Shaw, Cole, Riley, Holmes,
Hastings, McCurtis, Lyons and Jane and/or John Does 1-10 in their individual capacities as
employees of Montgomery County, MCJFS, MCCS, and specifically disclaims any attempt to sue
them in their official capacities.
182. Niedermier, Good, Shaw, Cole, Riley, Holmes, Hastings, McCurtis, Lyons and
Jane and/or John Does 1-10 acts, as described in this Complaint, were done in a reckless, willful,
wanton, malicious manner and not in good faith and demonstrate the conscious disregard of or
indifference to a known or obvious risk of harm to another that is unreasonable under the
circumstances and is substantially greater than negligent conduct.
183. The aforesaid named Niedermier, Good, Shaw, Cole, Riley, Holmes, Hastings,
McCurtis, Lyons and Jane and/or John Does 1-10 acted and/or intentionally failed to do an act
which was in their duty to the other to do, knowing or having reason to know of facts which would
lead a reasonable person to realize, not only that their conduct created an unreasonable risk of
physical harm to another, but also that such risk is substantially greater than that which was
necessary to make their conduct negligent.
184. Niedermier, Good, Shaw, Cole, Riley, Holmes, Hastings, McCurtis, Lyons and
Jane and/or John Does 1-10 knew and/or had reason to know that their conduct involved a high
probability of injury. Accordingly, Niedermier, Good, Shaw, Cole, Riley, Holmes, Hastings,
McCurtis, Lyons, and Jane and/or John Does 1-10 are not entitled to immunity pursuant to R.C.
2744.03(A)(6).
FIFTH CAUSE OF ACTION
(Wrongful Death)
39
186. At all times relevant hereto, Defendants including, but not limited to Niedermier,
Good, Shaw, Cole, Riley, Holmes, Hastings, McCurtis, Lyons and Jane and/or John Does 1-10
were employed by Defendants Board of Montgomery County Commissioners and/or Montgomery
County, through MCJFS and MCCS.
187. As part of their duties of employment, Niedermier, Good, Shaw, Cole, Riley,
Holmes, Hastings, McCurtis, Lyons and Jane and/or John Does 1-10, were charged with
processing, investigating, handling, and reporting child abuse and neglect.
188. As a direct and proximate result of one or more actions and/or omission of the
Defendants, jointly and/or severally, Takoda Collins sustained injuries, including conscious pain
and suffering, resulting in his death on December 13, 2019.
189. Plaintiff, on behalf of the next-of-kin and/or beneficiaries of decedent Takoda
Collins, have suffered loss of Takoda’s society, services, support, and those items specified in
Ohio Revised Code Section 2125.02(B)(1) through (5). Further, Plaintiff asserts that the next-of-
kin and/or beneficiaries of decedent Takoda Collins have experienced mental anguish as a result
of his untimely and tragic death and manner of his death.
190. As a further direct and proximate result of the Defendants’ wrongful conduct,
Plaintiff has incurred funeral expenses in an amount yet to be determined.
SIXTH CAUSE OF ACTION
(Survival Action)
192. Plaintiffs bring this claim for personal injuries through David D. Brannon,
Administrator of the Estate of Takoda Collins, deceased.
193. Prior to his death, Takoda endured great pain and suffering as a direct and
40
proximate result of Defendants’ negligent, reckless, willful and/or wanton acts and omission
pursuant to R.C. 2305.21, this cause of action, by reason of such pain and suffering has survived
his death.
SEVENTH CAUSE OF ACTION
(Negligence per se for failure to report)
195. R.C. 2151.421 et seq. and OAC 5101:2 et seq. require a duty to report, among other
duties.
196. Defendants individually and/or collectively failed to timely and appropriately
report abuse when obligated to do so.
197. Regarding Takoda, intake and screening procedures for child abuse and neglect
were not followed despite a statutory obligation to do so under R.C. 5101:2-36-01.
198. MCCS failed to investigate and/or record information for a screening decision
regarding Takoda, including, but not limited to, failing to compile required information in
SACWIS.
199. MCCS failed to categorize Takoda’s case so that a final screening decision could
be rendered.
200. MCCS failed to conduct interviews and forward information to law enforcement
despite a specific obligation to do so.
201. As a child, Takoda was a specific person, class, or member the statute was designed
to protect.
202. Defendants’ acts and/or omission caused the type of harm that the statutes,
enumerated above, were specifically designed to protect against.
41
203. Defendants are liable for negligence per se.
EIGHTH CAUSE OF ACTION
Violations of Criminal Statutes and Right to Civil Recovery for Criminal Violation Under
R.C. 2307.60 38
205. The Defendants, individually, jointly, and severally, as their duties appear for each,
have violated criminal states which proximately resulted in injuries, damages, and death to Takoda
Collins.
206. Ohio Revised Code 2921.44(E) provides that “[n]o public servant shall recklessly
fail to perform a duty expressly imposed by law with respect to the public servant’s office, or
recklessly do any act expressly forbidden by law with respect to the public servant’s office.”
207. Ohio Revised Code 2921.44(F) provides that “[w]hoever violates this section is
guilty of dereliction of duty, a misdemeanor of the second degree.”
208. Ohio Revised Code 2307.60(A)(1) provides that “[a]nyone injured in person or
property by a criminal act has, and may recover full damages in a civil action unless specifically
excepted by law, may recover the costs of maintaining the civil action and attorney’s fees if
authorized by any provision of the Rules of Civil Procedure or another section of the Revised Code
or under the common law of this state and may recover punitive or exemplary damages if
authorized by Section 2315.21 or another section of the Revised Code.”
209. The Ohio Supreme Court has interpreted this provision to independently authorize
a civil action for damages caused by criminal acts, unless otherwise prohibited by law. See
Jacobson v. Kaforey, 2016-Ohio-8434, Sec. 12 (“The decision to create a civil cause of action for
38
See, Decision, Order, Entry, and the Opinion of Judge Wiseman on civil recovery for violation of criminal statutes in Schnieder v.
Montgomery County Board of Commissioners, et al., Case No. 2015CV00730, Docket ID 33774346, at page 25(8/30/19). The Opinion also
discusses, in very clear terms, how recklessness can apply to abrogate immunity, as in this case.
42
any person injured by a criminal act has been definitively made by the General Assembly”).
210. As alleged throughout this complaint, Defendants Niedermier, Good, Shaw, Cole,
Riley, Holmes, Hastings, McCurtis, Lyons, and Jane and/or John Does 1-10 recklessly, wantonly,
willfully, intentionally, maliciously, and not in good faith failed to perform numerous duties
required by the MOU, R.C. 2151.421, and OAC 5101:2 despite receiving numerous reports of
child abuse and neglect of Takoda Collins.
211. Accordingly, because of defendants’ Niedermier, Good, Shaw, Cole, Riley,
Holmes, Hastings, McCurtis, Lyons, and Jane and/or John Does 1-10 intentional, reckless, wanton,
willful, malicious, and not in good faith to perform their duties is a crime under R.C. 2921.44(F)
and Plaintiffs are entitled to bring a civil action to recover “full damages cause by the aforesaid
Defendants’ criminal acts.
NINTH CAUSE OF ACTION
(Request for Injunctive Relief)
213. In the investigation of Takoda Collins’ tragic ordeal and there have been identified
other victims that have not received protection of the law and right to remedy who have been
mistreated and forgotten by the Defendants.
214. The egregious acts and omissions of Defendants reflect a total failure of the system
and an abdicated of responsibility for other children, like Takoda Collins, subjected to systematic
abuse.
215. The citizens of Montgomery County can have no confidence that the Defendants
collectively, can or will provide remedy to the existing conditions for children similarly situated
to Takoda Collins.
43
216. Plaintiff requests injunctive relief mandating that the Defendants properly update
and comply with the requirements of the MOU.
217. Plaintiff further ask the Defendants be further enjoined from violation of MOU,
R.C. 2151.421, and OAC 5101:2.
218. Plaintiff further ask for any further injunctive relief to which they may be entitled.
TENTH CAUSE OF ACTION
(Request for Appointment of Special Master)
220. Plaintiff hereby requests the appointment of a Special Master for the purpose of
conducting discovery, including enforcing confidentiality orders, and making all information
available to the Plaintiffs.
221. Plaintiffs further request that the Special Master oversee the Defendants’ operations
of the child abuse and neglect provisions of law to correct the illegalities, assure appropriate
training and remedy the errors, omissions, and violations of law for the benefit of the children of
Montgomery County;
222. Plaintiff further requests that the Special Master be permitted to assist the Court in
providing advice on the declaratory, injunctive, and other extraordinary relief sought; and all such
further oversight, advice, counsel, and assistance to the Court and all parties in this suit.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff, David D. Brannon, as Administrator of the Estate of Takoda
Collins, deceased, prays for judgment against each Defendant, jointly and severally, in an amount
in excess of $25,000 in compensatory damages; in excess of $25,000 in punitive damages on each
cause of action in this Complaint; for full and complete discovery, as well as any other appropriate
44
relief, including attorney’s fees and litigation expenses, the costs of this action, statutory damages,
pre and post judgment interest, punitive damages, and any other legal, equitable, injunctive,
statutory, or declaratory relief that may be just and appropriate upon a full hearing.
Respectfully submitted,
/s/ Michael L. Wright

____________________________________
Michael L. Wright (0067698)
Wright & Schulte LLC
130 W. Second St. Suite 1600
Dayton, OH 45402
Telephone: (937) 222-7477
Facsimile: (937) 222-7911
E-Mail: mwright@yourohiolegalhelp.com
/s/ Dwight D. Brannon

_____________________________________
Dwight D. Brannon (0021657)
BRANNON & ASSOCIATES
130 W. Second St. Suite 900
Dayton, OH 45402
Telephone: (937) 228-2306
Facsimile: (937) 228-8475
E-Mail: dbrannon@branlaw.com
JURY DEMAND
Plaintiffs demand a trial by jury on all issues presented herein.
/s/ Michael L. Wright

________________________________________
Michael L. Wright
45
Cuy Castellanos,
Megan Good, Jewell
Administrative Assistant Director, JFS
Secretary/
Clerical Supervisor
Taylor, Regina Ancrum, Natalie

Telephone Operator, Telephone Operator,
Front Reception Front Reception
Shaw, Debby
Deputy Assistant
Director
Stokes, Jennifer Mash, Adam Rickett, Craig Kennedy, Sahera VACANT (New/Rice)
Keown, Lesley Cole, Jennie
Manager Manager Manager Manager Manager
Manager Manager
Family Preservation Family Preservation Family Preservation Resources to Child. Community &
Specialized Services Rapid Response Unit
1 2 3 & Fam. Client Outcomes
20_08-26 mcc
Cole, Jennie
Manager
Rapid Response Unit
Pinkney, Roxann VACANT (Riley) Holmes, Adrienne Hasting, Charity McCurtis, Bettie Lyons, Jessica
Secretary 1 CWC Sup CWC Sup 2 CWC Sup 2 CWC Sup 1 CWC Sup 1
224-KIDS 224-KIDS After Hours After Hours CARE House
VACANT
Booker, Heather Ellis, Kim Taylor, Shaunte Lowe, Melissa
(Wilson-Robinson)
CWC 3 CWC 3 CWC 3 CWC 3
CWC
Phone Unit After Hours After Hours CARE House
Rapid Response
Anderson-Meitzner,
VACANT (Pagan) Joyce, Megan Henriquez, Mercedes Weber, Kristi
Jill
CWC CWC 3 CWC 3 CWC 2
CWC 3
Rapid Response Phone Unit After Hours After Hours
CARE House
Desai, April
VACANT (Sneed) Sanders, Sharon Social Program Beverly, Lauren Terry, Michelle
CWC 3 CWC 3 Specialist CWC 1 CWC 3
Phone Unit Phone Unit Placement After Hours CARE House
Coordinator- Night
McCarley, Mindy
Birdsong, Julie Social Program Slater, Casey Cook, Sara
CWC 3 Specialist CWC 3 CWC 2
Phone Unit Placement After Hours CARE House
Coordinator- Night
Gehring, Jennifer
VACANT (Newsome)
Wright, Karen Social Program VACANT (Fricke)
CWC 2
CWC 3 Specialist CWC 3
After Hours
Phone Unit Placement CARE House
~HOLD~
Coordinator- Night
Lyons, Erica VACANT (Wheeler)

CWC 3 CWC 2
Phone Unit After Hours
20_08-26 mcc

Takoda Collins Lawsuit

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Takoda Collins Lawsuit

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ELECTRONICALLY FILED

COURT OF COMMON PLEAS

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO

DAVID BRANNON, Admn. Of the : CASE NO. __________________________

hereby state as follows.

a. Survival action under R.C. 2305.01 including Takoda’s incomprehensible pain,

b. Wrongful death under R.C. 2125.01, et seq.

c. Violations of sections of the Ohio Revised Code, Ohio Administrative Code,

Master for the purpose of:

a. Conducting discovery, including enforcing confidentiality orders, and making all

PRELIMINARY STATEMENT OF LAW

remedies is found in:

b. Ohio Administrative Code, and in particular OAC Chapter 5101:2;

c. The Memorandum of Understanding Regarding the Reporting and Investigation

4. David Brannon (hereinafter referred to as “Plaintiff” or “Brannon”) is the

County Probate Court in Case No. 2020EST00199 on March 2, 2020.

5. Defendant/Discovery Defendant Montgomery County, Ohio (hereinafter

6. Defendant/Discovery Defendant Board of Commissioners of Montgomery

County Ohio (hereinafter referred to as “Commissioners”) is a political subdivision organized

law, proximately resulting in the injuries and death of Takoda Collins.

7. Defendant/Discovery Defendant Michael Colbert (hereinafter referred to as

Collins which will be sought in discovery.

Defendant Montgomery County Board of Commissioners and Montgomery County Administrator

is subject to suit as set forth in R.C. 305.12.

10. Defendant Michelle Niedermier (hereinafter referred to as “Niedermier”) was, at

in the injuries and death of Takoda Collins.

and death of Takoda Collins.

superintendent/manager/supervisor over Takoda Collins’ case. Defendant Good acted

injuries and death of Takoda Collins.

15. Defendants Debbie Riley (hereinafter “Riley”), Adrienne Holmes (hereinafter

“Holmes”), Charity Hastings (hereinafter “Hastings”), Bettie McCurtis (hereinafter “McCurtis”),

proximately resulting in the injuries and death of Takoda Collins.

proximately resulting in the injuries and death of Takoda Collins.

and death of Takoda Collins.

and OAC 5101:2-33-1, R.C. 5101.12, and by Court Order.

resided at 1934 Kensington Dr., Dayton, Ohio in Montgomery County, Ohio.

et seq and R.C. 3205.01.

young and was very active with other little kids. 2

nothing in foster care. 3

o. On December 13, 2019 Takoda dies at Dayton Children’s Hospital. McLean is

Dayton Daily News and is verbatim, as follows: 7

a. December 24, 2019: Al-Muhatan McLean, is accused of “extreme abuse” related

j. February 3, 2020: The citizen action group Takoda’s Call forms.

k. February 9, 2020: A Dayton Daily News investigation finds that Montgomery

n. February 28, 2020: Montgomery County Coroner’s Office rules 2-month-old

s. April 5, 2020: State lawmakers are continuing to monitor the paper’s

on Kensington more than ten times. 8

were aware, including the following:

a. April 5, 2012: McLean assaulted a man in Wisconsin because he thought the

Collins and suspected child abuse.

He was discharged from Children’s Medical Center on November 17, 2018.

McLean and reported the child was being cared for. 13

safety multiple times over multiple years. 15

physical injuries to his head.

smelled of urine and feces.

rooms in no food for extended periods of time.

healing rib fractures. 19

abuse for an extended amount of time by McLean. 21

succumbing to his injuries. 22

supposed to, knowing that the reporting would result in a beating. 23

compressive asphyxia, and water submersion (bathtub). 25

Ebert along with the four endangering children charges. 26

abuse to county agencies. 28