ELECTRONICALLY FILED

Jefferson County Circuit Court

Barbara A. Collins, Circuit Clerk
2022-May-10 14:41:33
35CV-22-329
C11WD02 : 7 Pages

IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ARKANSAS

CIVIL DIVISION

DEBORAH MCBRIDE, individually and as Special Administrator

Of the Estate of Dezmen McBride PLAINTIFF

v. Case No. 35CV-22-____

JEFFERSON COUNTY, ARKANSAS DEFENDANT

ORIGINAL COMPLAINT

COMES NOW the Plaintiff, Deborah McBride, individually and as Special Administrator

of the Estate of Dezmen McBride, deceased, by and through her attorney Chris Burks of WH Law,

and she does hereby state and allege as follows:

PARTIES, JURISDICTION, AND VENUE

1. This is an action arising out of an incident which occurred in Jefferson County,

Arkansas. This Court has jurisdiction pursuant to Ark. Code Ann. §16-13-201 with venue being

proper in Jefferson County, Arkansas pursuant to Ark. Code Ann. §16-60-112 in that Jefferson

County is the county in which the incident occurred.

2. Plaintiff is a resident of Jefferson County, Arkansas. The Plaintiff is the duly

appointed special administrator of the estate of Dezmen McBride, deceased, having been

appointed by the Circuit Court of Jefferson County, Arkansas, on April 18, 2022. The deceased,

prior to death, resided with his mother, the Plaintiff, in Jefferson County, Arkansas.

3. The Defendant is an Arkansas County which employees law enforcement officers

to detain and confine individuals while awaiting trial, and is responsible for the acts and practices

Page 1 of 7
of the Jefferson County Detention Center and is also responsible for the acts or omissions of its

officers and employees.

4. Defendant has appointed for its resident agent for service of process its county judge

Gerald Robinson whose address is 101 West Barraque St., Suite 107, Pine Bluff, AR 71601.

THE CAUSE OF ACTION

5. Decedent Dezmen McBride was booked into the W.C. “Dub” Brassell Detention

Center on May 21, 2021. He had not been convicted of a crime and was picked up on a Failure to

Appear warrant for criminal charges.

6. Fifteen days later, on June 5, 2021, the decedent died at Jefferson Regional Medical

Center ( JRMC). He was eighteen years old.

7. The grossly negligent treatment and intentional maltreatment of decedent that

resulted in, contributed to, or hastened his death on June 5, 2021, occurred in Jefferson County,

Arkansas, during his confinement in the Brassell Detention Center (Brassell).

8. In the early morning hours of June 1, 2021, decedent was struck, headbutted, and

injured by another inmate in a fight at the facility.

9. In violation of Jefferson County Sheriff Office common practice and policy for its

detention centers, Sgt. Delucas Etherly, who witnessed and interrupted this fight, did not

immediately report this incident to the facility’s commanding officer. A report on this incident was

not submitted by Sgt. Etherly until June 6, 2021.

10. In violation of Jefferson County Sheriff Office common practice and policy for its

detention centers, the decedent was not evaluated by a nurse or medical professional after the fight

on June 1, 2021.

Page 2 of 7
 11. In the hours after the fight on June 1, 2021, other inmates witnessed the decedent

vomiting blood. He complained of pain and fatigue.

12. Officers at Brassell did not obtain medical care for decedent until approximately

10:42pm on June 1, 2021, when he was transported to JRMC for evaluation.

13. After being seen at the hospital, decedent was transported back to Brassell.

14. JRMC prescribed decedent magnesium citrate for constipation.

15. In violation of Jefferson County Sheriff Office common practice and policies, the

nurse on duty at Brassell did not administer this medicine to decedent.

16. Nurse Lanetra Evans-Shelton left the medication with non-medical personnel to

administer to the decedent. She also failed to obtain information regarding the decedent’s medical

circumstances.

17. During his transport from JRMC, the deputy transporting the decedent witnessed

him moving slowly. Decedent had a large knot on his head from the injuries he suffered in the fight

earlier that day. The decedent continued to complain to the deputy of pain. He vomited again after

being transported back to Brassell.

18. During the period from June 2, 2021 to June 5, 2021, the decedent continually

complained to officers and staff at Brassell that he was not feeling good, including making

statements that he could not see and that his head and stomach hurt.

19. Officers at Brassell violated Jefferson County Sheriff Office common practice and

policies by failing to report McBride’s medical complaints to medical personnel.

Page 3 of 7
 20. Officers later stated that during this period, the decedent appeared mentally altered.

He was talking to himself and he appeared to be dizzy and having difficulty walking or difficulty

walking straight.

21. During the morning of June 5, 2021, decedent was found lying on the floor of his

cell, having urinated and defecated on himself. He told Lt. Samuel Baker that he was unable to walk

to the shower to clean himself.

22. Lt. Baker and another inmate took decedent’s arms and pulled him naked from his

cell at Brassell to the facility’s shower area.

23. Decedent laid on the floor of the shower for twenty to thirty minutes. He was unable

to wash himself and had to be assisted by the other inmate.

24. After his shower, Lt. Baker and the other inmate again pulled the decedent naked

across the facility, from the shower area back to his cell.

25. Throughout this period, decedent continually stated that he needed help because

he could not move. He begged for Lt. Baker and the other inmate to get in contact with his mother,

the Plaintiff.

26. Decedent was given a blanket, jumpsuit, and underwear and left in his cell. He did

not have a mattress and had to lie on the floor.

27. Lt. Baker did not seek medical care for decedent, in spite of the fact that he had been

in continuous medical distress for days and that he could not walk or bathe himself.

28. At approximately 11am on June 5, 2021, Lt. Baker observed McBride lying on the

floor of his cell, wrapped in a blanket and drooling.

Page 4 of 7
 29. Lt. Baker contacted the nurse on duty at Brassell and she advised him to have

McBride transported to JRMC for medical evaluation and care.

30. Decedent was transported to JRMC by ambulance.

31. JRMC staff attempted unsuccessfully to revive decedent. He was pronounced dead.

32. Throughout the four-day period of decedent’s confinement after being struck,

headbutted, and injured by another inmate, decedent’s condition worsened to the point he was

vomiting blood, suffering from apparent mental disturbances, unable to walk, and unable to provide

meaningful care for himself, including having difficulty feeding himself and bathing.

33. Defendant’s actions between June 1, 2021 and June 5, 2021, were willful and wanton

and in disregard of the rights and safety of others, they were deliberately indifferent, when they

intentionally mistreated decedent during his confinement and carelessly and extremely negligently

failed to provide an appropriate standard of care to decedent.

34. Specifically, the intentional mistreatment and grossly negligent acts include:

A. Failing to obtain follow-up medical care to decedent after an altercation with

another inmate;

B. Failing to have medical staff appropriately administer the medication he was

prescribed;

C. Failing to obtain medical care for decedent when they observed he was sick and in

severe distress; and

D. Subjecting decedent to degrading and dehumanizing treatment resulting in

emotional and physical pain and suffering and eventual death as a result of the

circumstances described herein, including such actions as Defendant’s employee

Page 5 of 7
 dragging the decedent naked throughout the facility when he was unable to walk on

his own.

36. The above-described acts of gross negligence and willful and wanton conduct on the

part of the agents, servants, and employees of Defendant were the proximate cause of the

decedent’s prolonged physical and emotional pain and suffering described above. Specifically,

decedent suffered for four days in increasing distress and eventually died at the age of 18 years old.

37. Such acts operated singularly and concurrently and resulted in the death of

decedent and damages to this Plaintiff more particularly described herein.

38. On June 5, 2022, at the time of decedent's death, he was eighteen years of age and

was a healthy, able-bodied man with a normal life expectancy of seventy-six years.

39. The deceased, Dezmen McBride left surviving him a mother, stepfather, and

siblings, each of whom have suffered and will continue to suffer mental anguish by reason of such

wrongful death.

40. The Plaintiff, individually and as personal representative of the estate of Dezmen

McBride deceased, is entitled to recover for the following damages, all of which were proximately

caused by the negligence and willful and wanton conduct of the Defendant:

(a) Pecuniary injuries sustained because of loss of contributions and benefits; loss of

consortium, including the society, services, and companionship of decedent, and mental anguish

suffered by the surviving family members, all in the sum of exceeding $100,000.00;

(b) Past and future mental anguish suffered by his mother, Deborah McBride;

stepfather William Carter Sr; and siblings Tamara McBride, Tanara Heard, Kaleb McBride,

Marquise Carter, and William Carter Jr., in the sum of exceeding $100,000.00;

Page 6 of 7
 (c) Medical expenses attributable to the fatal injury and the reasonable value of funeral

expenses in the sum of exceeding $10,000.00; and

(d) the loss of the value of the Dezmen McBride’s remaining life, including wages he

would likely have earned; and pain and suffering the deceased endured before his death

41. As a result of the willful and wanton conduct in disregard of the rights and safety of

others on the part of the agents, servants, and employees of the Defendant, punitive damages

should be imposed to punish the Defendant.

42. Plaintiff demands a trial by jury.

WHEREFORE, the Plaintiff, individually and as personal representative of the estate of

Dezmen McBride requests entry of judgment against the Defendant for compensatory damages,

punitive damages, costs, and all other proper relief.

Respectfully submitted,

Deborah McBride, as Special Administrator of

the Estate of Dezmen McBride

WH Law | We Help
1 Riverfront Pl. – Suite 745
North Little Rock, AR 72114
(501) 891-6000

By: Chris Burks

Chris Burks (ABN: 2010207)
chris@wh.law

Page 7 of 7