Hawthorn (COC) - Verified Class Action Complaint 4-28-23

STATE OF MICHIGAN
COURT OF CLAIMS
David and Kortni Horein, parents and next

friends to minor child D.H., and Mollie and
Brent Bonter, parents and next friends to Case No. __________
minor child A.B., on behalf of D.H. and A.B.
and a class of similarly situated Minor Hon. ________________
Children; and NaQuana Jones, Jason Smith,
Jennifer Vance, Kai Mason, Annette Padula,
and Chauncey Payne, Jr., individually and on
behalf of a class of similarly-situated adults,
Plaintiffs,
v.
State of Michigan Department of Health and

Human Services,
Defendant.
Pitt McGehee Palmer Bonanni & Rivers, PC

Robin B. Wagner (P79408)
Michael L. Pitt (P24429)
Attorneys for Plaintiffs
Document received by the MI Court of Claims.

117 W. Fourth Street, Suite 200
Royal Oak, MI 48068
248-398-9800
rwagner@pittlawpc.com
mpitt@pittlawpc.com
VERIFIED CLASS ACTION COMPLAINT FOR DECLARATORY RELIEF, INJUNCTIVE RELIEF,

EQUITABLE RELIEF AND DAMAGES
An action arising out of the same core operative facts as alleged below has been brought by the
same Plaintiffs against four individual actors in the Circuit Court for the County of Wayne, State of
Michigan, alleging common law claims of gross negligence and intentional torts.
INTRODUCTION
The Hawthorn Center, a Children’s Psychiatric Hospital owned and operated by the
Michigan Department of Health and Human Services, treats some of the most vulnerable children
in the state—its patients tend to be hospitalized with severe psychiatric conditions necessitating
residential treatment of six months or longer, and many of the patients are children in the foster
care system, assigned to the hospital through the juvenile justice system, or victims of extreme
abuse. During a typical weekday morning, there are approximately 50 children inpatients at the
hospital, along with a staff of nearly 200 doctors, nurses, childcare workers, teachers,
maintenance, food preparation and other employees present.
On December 21, 2022, shortly after 10 am, a frantic call went out over the Hawthorn
Center paging system announcing for everyone to hear—children and employees alike—that
there were active intruders in the building. Then a second frantic announcement came through
the overhead system: “two active intruders, one Caucasian male, one African American male,

armed with AR 15s, shots fired.”
Panic reigned at Hawthorn. Childcare workers and other adults gathered the children and
moved them to defensible locations within the facility. The frantic adults barricaded themselves
into spaces with no windows like the television rooms and closets. They stacked heavy furniture
against the doors and armed themselves with whatever they could find—hot coffee, brushes,
and combs.
Some employees broke the building’s mobile-phone ban to call 911, their voices hushed
and broken with fear for their lives. Staff and children alike could see that a mass of police and
emergency responders from multiple local and state police forces had arrived, armed with long
guns, and knew this was the real deal. Many sent what might be their final text messages to loved
ones.
Although the terror, panic and mortification of those trapped inside Hawthorn was real,
there were no intruders, there were no AR-15s and there were no “shots fired.” Rather, the State
of Michigan created the terror and panic at Hawthorn Center as an ill-conceived “safety” drill.
Even the scores of law enforcement who responded to the frantic 911 calls from those trapped
inside the building thought there were intruders with military style weapons; they too were
preparing to risk their lives to save the children and the adults who were trying to protect them.
Plaintiffs bring four claims against the State of Michigan:
Count 1: on behalf of the Adult Plaintiffs, Violation of Article 1, Section 17 of the
Michigan Constitution’s promise of substantive due process,
Count 2: on behalf of the Adult Plaintiffs, Violation of Article 1, Section 11 of the
Michigan Constitution’s protection against unreasonable seizures;
Count 3: on behalf of the Minor Children Plaintiffs, Violation of Article 1, Section

17 of the Michigan Constitution’s promise of substantive due process;
and
Count 4: on behalf of the Minor Children Plaintiffs, Violation of Article 1, Section
16 of the Michigan Constitution’s protection against cruel or unusual
punishment.
DESCRIPTION OF THE PLAINTIFF CLASS
This class action involves two subclasses.

The first subclass is represented by David and Kortni Horein, parents and Next Friends of
D.H., and Mollie and Brent Bonter, parents and Next Friend of A.B., who bring claims individually
and on behalf of a class of similarly situated individuals who, on the morning of December 21,
2022:
a. Were present inside the Hawthorn Center, 18741 Haggerty Road, Northville,
Michigan;
b. Were receiving inpatient psychiatric care at the Hawthorn Center and were not free
to leave the facility during their treatment; and
c. Were not informed prior to the first announcement of active intruders in the building
that this was intended to be a drill.
The second subclass is represented by Plaintiffs NaQuana Jones, Jason Smith, Jennifer
Vance, Kai Mason, Annette Padula, and Chauncey Payne, Jr., who bring claims individually and
on behalf of a class of similarly situated individuals who, on the morning of December 21, 2022:
Michigan;

b. Were required to be present inside the Hawthorn Center as a condition of their
employment or were authorized visitors; and
c. Were not informed prior to the first announcement of active intruders in the building
that this was intended to be a drill.
PARTIES, JURISDICTION, AND VENUE
1. Plaintiffs David Horein and Kortni Horein are residents of Barry County, Michigan
and are the parents and next friend of D.H., a minor child who was confined at Hawthorn Center
for psychiatric treatment at all times relevant to this matter.

2. Plaintiffs Mollie Bonter and Brent Bonter are residents of Ottawa County,
Michigan, and are the parents and next friend of A.B., a minor child who was confined at
Hawthorn Center for psychiatric treatment at all times relevant to this matter.
3. Plaintiff NaQuana Jones, age 37, is a resident of Wayne County, Michigan, holds a
Bachelor’s degree in Social Work and was employed at Hawthorn Center as a Mental Health
Social Worker from November 28, 2022, until March 31, 2023.
4. Plaintiff Jason Smith, age 35, is a resident of Wayne County, Michigan, and has
been employed by the Michigan Department of Health and Human Services as a childcare worker
from December 2015 until the present. He was employed at the Hawthorn Center from
December 2015 until January 2023.
5. Plaintiff Jennifer Vance, age 38, is a resident of Monroe County, Michigan, and has
been employed by the Michigan Department of Health and Human Services as a childcare worker
since January 2017.

6. Plaintiff Kai Mason, age 49, is a resident of Wayne County, Michigan and has been
employed by the Michigan Department of Health and Human Services as a clinical social worker
from since August 2021 and was assigned to the Hawthorn Center from August 2021 until
February 3, 2023.
7. Plaintiff Annette Padula, age 56, is a resident of Wayne County, Michigan and has
been employed by the Michigan Department of Health and Human Services in the Environmental
Maintenance department since August of 2021.

8. Plaintiff Chauncey Payne, Jr., age 29, is a resident of Wayne County, Michigan and
has been employed by the Michigan Department of Health and Human Services as a childcare
worker since 2019, assigned to Hawthorn Center.
9. Defendant State of Michigan, Department of Health and Human Services, is an
administrative department headed by a Director who reports to the Governor.
10. The Hawthorn Center is a Children’s Psychiatric Hospital owned and operated by
the Michigan Department of Health and Human Services.
11. The Court of Claims has original jurisdiction over this matter pursuant to MCL §
600.6419 because the claim is brought against an agency of the State of Michigan.
12. Venue is proper in the Court of Claims pursuant to MCL § 600.6419.
CERTIFICATE OF COMPLIANCE WITH MCL § 600.6431, 600.6434(2)
13. Plaintiffs certify that this Complaint has been filed within the appropriate time,
provides all the information required, and that copies have been furnished to the Clerk and the

Attorney General pursuant to MCL 600.6431.
14. Plaintiffs certify that this Complaint is signed and verified by each Plaintiff before
an officer authorized to administer oaths, pursuant to MCL 600.6434(2).
GENERAL ALLEGATIONS
A. The Hawthorn Center
15. The Hawthorn Center is located at 18471 Haggerty Road in Northville, Michigan.
16. The Hawthorn Center is a Children’s Psychiatric Hospital owned and operated by
the Michigan Department of Health and Human Services, an administrative department of the
State of Michigan reporting directly to the Governor.
17. Dr. Victoria Petti is the Executive Director of the Hawthorn Center and as such is
the highest decision-making authority for the State of Michigan at the Hawthorn Center.
18. On December 21, 2022, approximately 50 children were confined at the Hawthorn
Center for inpatient psychiatric treatment.
19. These children all suffer from extreme psychiatric conditions, including trauma
from abuse and a range of severe mental illnesses.
20. These children are confined at Hawthorn due to severe emotional disturbance
requiring 24/7 care, and they are predominantly but not entirely wards of the state, participants
in foster care, and/or referrals to confined treatment at the Hospital through the juvenile justice
system.

21. These children are confined at the Hawthorn Center and not free to leave the
facility without permission from the Hospital.
22. On December 21, 2022, there were approximately 200 adults present in the
Hawthorn Center.
23. These 200 adults included doctors, nurses, therapists and other health care
professionals, childcare workers and other social workers, teachers, maintenance workers,
administrators, and food preparation workers who were all present in the building as a
requirement of their employment.

24. The Hawthorn Center has one entrance, which is staffed by a security guard and a
front desk clerical worker.
25. The Hawthorn Center has limited exterior exits and perimeter fencing with
padlocked gates to help prevent escapes by the patients.
26. The Hawthorn Center is divided into units named Michigan, Erie, Ontario, St. Clair,
and Superior, which are located in various floors and wings of the facility.
27. Wayne Soucie (“Soucie”), at all relevant times, was the Director of Training, and
Data Improvement for Hawthorn Center.
28. Derek Leppek (“Leppek”), at all relevant times, was the Physical Plant Supervisor
and Safety Coordinator for Hawthorn Center.
29. Patti Glenn (“Glenn”), at all relevant times, was the Human Resource Manager and
Case manager for Hawthorn Center.
B. Gun Violence and Active Shooter Drills

30. From time to time, the Hawthorn Center, much like any other school or hospital,
conducts safety drills to ensure that all staff and children in the facility understand how to
respond in the event of an emergency.
31. These drills include “Active Shooter” drills due to the sad reality that in 2022 alone
there were 303 school shootings. 1
32. Similarly, hospitals are also targets of gun violence. 2
1
All Shootings (k12ssdb.org), All Shootings at Schools from 1970 – Present, K-12 School
Shooting Database, available at k12ssdb.org/all-shootings (last visited April 14, 2023).
2
Active Shoot Incidents in Health Care Settings, American Hospital Association, available
at https://www.aha.org/hospitals-against-violence/active-shooter-incidents-health-care-
settings, (last visited April 14, 2023).
33. Indeed, a 2019 study by the American Psychological Association found that one-
third of U.S. adults experience such profound fear of mass shootings that they refrain from going
to certain places and events. 3
34. In that same study, 62% of parents say they live in fear that their children will be
victims of a mass shooting. 4
35. A Gallup Poll conducted in 2019 found that 48% of Americans fear they will be the
victim of a mass shooting. 5
36. The problem has only worsened since 2019, as a recent Kaiser Family Foundation
study found that 84% of U.S. adults have taken precautions to protect themselves and their
families from gun violence 6, and the American Psychological Association reported in 2022 that
the stress of mass shootings is causing a “cascade of collective traumas” among Americans. 7
37. In this context and climate of ubiquitous mass shootings and wide-spread fear, the
Hawthorn Center has conducted periodic safety drills for mass-shooting preparedness.

3
American Psychological Association Report, One-third of US adults say fear of mass
shootings prevents them from going to certain places or events (apa.org), available at
www.apa.org/news/press/releases/2019/08/fear-mass-shooting (last visited April 14, 2023).
4
Id.
5
Gallup, Nearly Half in U.S. Fear Being the Victim of a Mass Shooting (gallup.com),
available at news.gallup.com/poll/266681/nearly-half-fear-victim-mass-shooting.aspx (last
visited April 14, 2023).
6
KFF, Americans’ Experiences With Gun-Related Violence, Injuries, And Deaths | KFF, (last
visited April 15, 2023).
7
American Psychological Association, “Stress of Mass Shootings Causing Cascade of
Collective Traumas”, available at https://www.apa.org/monitor/2022/09/news-mass-shootings-
collective-traumas, (last visited April 15, 2023).
38. Prior to December 21, 2022, when the Hawthorn Center conducted such active-
shooter drills, it provided all employees with advanced written warning about the nature of the
drill and when it would occur.
39. The employees were given advanced warning so that they could prepare the
children patients, who are extremely vulnerable and sensitive to traumatic stimuli, for the drill
and ensure that the drill was conducted in a safe and orderly fashion.
40. Local emergency responders, including fire safety and police departments, were
also given advanced notice that a drill will be conducted, so that they can assist the Hospital in
conducting the drill and to prevent any confusion or concern that the drill was an actual
emergency.
41. The American Academy of Pediatrics issued a policy statement in 2022,
“Participation of Children and Adolescents in Live Crisis Drills and Exercises”, which recommends
eliminating children’s involvement in high-intensity drills and exercises, and instead conducting

the drills like fire drills, which use a calm approach to the safe movement of students and staff in
the building. 8
42. Even with the recommended calm and fire-drill-like approach to a mass-shooting
drill, the American Academy of Pediatrics warns that children with a higher level of vulnerability,
such as prior traumatic experience, may need special accommodations and care. 9
Participation of Children and Adolescents in Live Crisis Drills and Exercises | Pediatrics |
8
American Academy of Pediatrics (aap.org).

9
Id.
43. Furthermore, parents and guardians should be apprised before the drill and the
drill should focus on the roles and responsibilities of staff in the event of an active shooter
situation. 10
C. The State’s Actions
44. Upon information and belief, on December 21, 2022, Dr. Petti, together with her
key deputies, Soucie, Leppek, and Glenn, planned and ordered an “Active Shooter” drill to be
conducted.
45. However, this drill was not conducted like all prior drills, where the staff were
given advanced warning that a drill was to happen.
46. Rather, this drill was designed to be a “surprise” or unannounced drill, which was
announced only to supervisors in advance with the strict instructions not to informed
subordinate employees or children.
47. Dr. Petti, acting in her capacity as the State’s highest authority at the Hawthorn

Center, and/or one of her deputies, Soucie, Leppek, and Glenn, acting under her authority and
with her approval, directed the front desk clerical worker, whose responsibilities include making
announcement on the building’s public address system, to pretend that she was genuinely afraid
and make an announcement that there was an active intruder in the building.
48. As the director of a Children’s Psychiatric Hospital, Dr. Petti had actual knowledge
that the children under her care are particularly vulnerable to stress and trauma.
49. As the director of a Children’s Psychiatric Hospital, Dr. Petti also had actual
knowledge that her staff of health care workers, social workers, and others are specially trained
10
Id.
to care for such vulnerable children and are required by their job responsibilities to protect the
safety and well-being of the children in their care.
50. As the director of a Children’s Psychiatric Hospital, Dr. Petti had actual knowledge
or was expected to know that announcing an active-shooter drill without first preparing the staff
and children for such a drill, would have the following predictable consequences:
a. Children would become terrified and act out in unpredictable ways that could
create danger to themselves and others, in the immediate moments of the “drill”;
b. Children, because of the terror and trauma of an unannounced drill, would
experience post-traumatic stress reactions, regression in their treatments, and
other adverse psychological and physical consequences and in the days, weeks,
months, and years to follow through post-traumatic stress reactions;
c. The employees on duty would fear for their lives and those of the children in their
care;

d. The employees on duty would immediately take the steps they had rehearsed in
prior drills to barricade themselves and the children under their care within the
building;
e. Whereas under any normal work situation or safety drill, employees could leave
their posts even if it violated their workplace rules, in this particular situation, the
employees on duty would have no freedom of movement because they would be
in fear for their lives and barricaded in place as required by the protocols for
responding to an active shooter announcement.

f. An unannounced active shooter drill would inflict immense psychological injury on
all those who feared death or great bodily injury and that the injuries would be
long lasting, and in some adults and children, permanent.
51. Nonetheless and in conduct that shocks the conscience, Dr. Petti and her deputies
ordered an unannounced active-shooter drill intended to simulate an actual mass-shooting event
with deliberate indifference to the predictable adverse consequences it would inflict on the
minor children who are patients and the adult employees in the Hawthorn Center.
52. When employees learned that they were intentionally kept in the dark about this
“drill,” they were extremely angry and felt betrayed by the State.
D. The December 21, 2022, Incident
53. On December 21, 2022, between 10 and 10:30 a.m., the front desk clerical worker
came on the Hawthorn Center’s public address system.
54. In a tone of voice conveying her personal fear and panic, the announcer stated

that there were “Active Intruders” in the building.
55. There had been no prior announcement or written warning to Hawthorn Center
employees that a drill of any kind was to be conducted.
56. Indeed, neither had any local emergency responders been notified that the
Hospital would be conducting a drill of any kind.
57. Shortly after this first announcement, a voice—believed to be Derek Leppek, the
state-designated safety officer for the building—came back on the public address system and in
a frantic, scared tone of voice, informed all in the building, “two active intruders, one Caucasian
male, one African American male, armed with AR 15s, shots fired.”
58. At this point, many of the children in the building were gravely upset and crying.
59. The employees in the building also reacted to the news with extreme fear and
distress.
60. Some employees were able to call 911, and these calls convey the genuine terror
and fear for their lives they experienced. 11
61. Law enforcement from Northville Township, the City of Northville, the City of
Livonia, and the State Police responded in large forces to the Hawthorn Center with tactical
weapons and body armor as they had no advanced warning that this was not an actual live-
shooter situation. 12
62. Employees inside the building, seeing the police response, had their worst fears
confirmed that this was a genuine active shooter situation.
63. Reacting to the panicked tone and report from the public address system that
there were active shooters in the building and that shots had been fired, employees were

required by their prior training and the necessity to protect the children and themselves to
barricade themselves within closets and rooms with the fewest windows and doors.
64. These terrified employees armed themselves and the distraught children in their
care with hot coffee, combs, and brushes—anything they could find in a facility that is meant to
protect its patients from access to any object that could be used as a weapon.
11
NBC News, “Active Shooter Drill Sparks Fear & Confusion”, available at
https://www.nbcnews.com/now/video/active-shooter-drill-sparks-fear-and-confusion-at-
michigan-children-s-facility-166159429854 (Last visited April 14, 2023).
12
Id., Northville Township, Michigan, “Police Respond to Hawthorn Center’s Surprise
Drill”, available at https://www.twp.northville.mi.us/Home/Components/News/News/188/15
(last visited April 15, 2023).
65. Careful not to make noise that might alert the shooters, employees texted what
they thought might be their final messages to their loved ones and hid within the barricades.
66. During the nearly hour-long siege, these employees stayed barricaded, unable to
flee to safety, and gravely afraid for their lives and the lives of the children in their care.
67. Around 11 am, the word came over the announcement system that this was only
a drill and not an actual live shooter incident.
68. Finally, another voice came over the public address system announcing that this
had been a drill and the building was all clear.
69. Later that day, Derek Leppek, the Hawthorn Center’s designated safety coordinator,
expressed his anger at employees for “overreacting” and calling the police.
E. The Aftermath of the December 21, 2022, Incident
70. Later the same day, at 5:11 pm, Dr. Petti informed all staff by email:
This morning an active intruder alert was announced on the overhead system.
Although this was a drill it was not announced as such. Understandably, many

in the building became frightened and some contacted 911. A tactical team
responded to these calls and arrived armed and in full gear. I want to convey
how deeply sorry I am that this occurred and for the stress it’s caused. I spoke
with many of you today and hope to reach others in the next few days. I know
this has touched you all in different ways….
71. In the subsequent hours, days, weeks, and months since this incident, the patients
at the Hawthorn Center have demonstrated all the predictable post-traumatic consequences of
having been subjected to the terror of what they understood to be an actual active-shooter
incident, including:
a. Engaging in self-harm such as scratching themselves until they bleed;

b. Regression in the mental and physical symptoms of their various psychiatric
conditions; and
c. Engaging in disruptive behavior, including both verbal and physical aggression that
has required the use of more extreme measures such as restraints for the safety
of themselves and others.
72. Many of the adults who were working at the Hawthorn Center at the time of the
December 21, 2022, incident have also experienced symptoms of post-traumatic stress from the
terror and genuine fear for their lives and the safety of themselves and the children in their care.
73. The Hawthorn Center has responded with callous indifference to the medical
needs of these employees in the aftermath of the “surprise drill”, including:
a. Denying them Worker’s Compensation coverage for medical and mental health
treatment;
b. Denying them medical leaves to recuperate from the traumatic experience; and

c. Requiring them to return to work at the Hawthorn Center, even when they have
documentation from their health-care providers that they could experience post-
traumatic-stress related physical and psychological response to entering the
building.
74. Some employees who were working at the Hawthorn Center at the time of the December
21, 2022, incident have had no choice but to resign their employment with the State of
Michigan due to the enduring psychological stress caused by the incident.

75. Counselors and therapists at Hawthorn were instructed by email at 2:48 pm on the
afternoon of the day of the incident to inform parents and guardians of the staged attack
by following this script:
This morning our hospital experienced community police and tactical team
response on-site in relation to an active intruder drill that was perceived as a
real-life event. Staff, patients, and visitors were affected as the community
response teams utilized emergency and safety protocol to ensure our facility
was safe and secure. Trained support is being offered to staff and patients and
active administrative review and communication is occurring in connection
with our community responders.
76. This communication was designed to cover up the true cause of the traumatic
events of December 21,2022 and to shift blame away from Defendants responsibility for the
staged attack and onto law enforcement agencies who responded to the drill and whose armed
response was broadcast on social media and local media outlets.
77. However, 911 operators and emergency responders had no knowledge that they
were responding to a drill.

78. Not all parents and guardians of patients at the Hawthorn Center were even called
to be apprised of this incident and the impact it had on the children and adults in the building.
F. Allegations Regarding Individual Plaintiffs
David Horein and Kortni Horein, Parents and Next Friend of D.H.
79. D.H., the son of Next Friends David Horein and Kortni Horein, was confined at Hawthorn
Center for inpatient psychiatric care between September 2022 and January 2023.
80. D.H. was 11 years old on December 21, 2022.
81. On December 21, 2022, D.H. was among a group of young male patients in the care of
Jason Smith and other Hawthorn Center employees.

82. A morning school class had just ended when D.H. heard the loudspeaker announcement
warning everyone that the building had active intruders.
83. D.H. was gathered into the television room along with approximately 4 other young male
patients in the care of Jason Smith and others.
84. D.H. was frightened as Mr. Smith and others began to barricade the door to the television
room and informed the children that they would need to fight if the intruders broke through the
barricades.
85. D.H. was given soap and shampoo to throw at the attackers if they breached the television
room and he needed to fight.
86. D.H. was even more scared after the second announcement informed everyone that
there were two men armed with AR15s and that shots had been fired.
87. David and Kortni Horein were never notified by Hawthorn Center about the surprise
active-shooter drill; rather, they learned about it through social media and the news.
88. After the incident, D.H. began to act out more—becoming physically aggressive with staff
and other patients.

89. In the days and weeks following this incident, David Horein received more calls from
Hawthorn Center than usual to advise him that his son was acting out more than usual.
90. When D.H. acts out, it is a sign that he is suffering from more psychological and emotional
distress than usual.
91. D.H. and his parents have suffered significant emotional distress and post-traumatic
symptoms from the trauma inflicted upon him by the State’s unannounced drill that caused him to
barricade himself with other patients and staff and fear for his life.
Mollie Bonter and Brent Bonter, Parents and Next Friend of A.B.
92. A.B., the daughter of Next Friends Mollie Bonter and Brent Bonter, was confined at
Hawthorn Center for inpatient psychiatric care between January of 2022 and January 2023.
93. A.B. was 14 years old on December 21, 2022.
94. On December 21, 2022, A.B. was with other female patients and a number of childcare
workers and other staff.
95. Shortly after 10 am, A.B. heard the loudspeaker announcement warning everyone that
the building had active intruders.
96. A.B. was gathered into the television room along with other patients.
97. A.B. was frightened as she and the others began to barricade the door to the television
room.
98. A.B. was even more scared after the second announcement informed everyone that there
were two men armed with AR15s and that shots had been fired.
99. All A.B. could think of during this frightening siege was that she needed her mother and
had no way to reach her mother—even to call her or text her.

100. A.B. was extremely frightened and very much wished to cry, but was too afraid to cry.
101. A.B. is particularly afraid of guns, and when she saw police officers armed with guns
outside the building, it had an immediate and long-term effect on her, making her extremely afraid for
her safety.
102. After the incident, A.B. began to act out more—becoming physically aggressive with staff
and other patients and resuming a problem with self-harming that she had managed to cease for a
number of months prior to the “drill” incident.
103. When A.B. acts out, it is a sign that she is suffering from more psychological and emotional
distress than usual.

104. A.B. and her parents have suffered significant emotional distress and post-traumatic
symptoms from the trauma inflicted upon her by the State’s unannounced drill that caused her to
barricade herself with other patients and staff and fear for her life.
NaQuana Jones
105. On the morning of December 21, 2022, NaQuana Jones was working on the
Second Floor of the Hawthorn Center in her office.
106. Sometime after 10 am, Ms. Jones heard an announcement over the loudspeaker
in the building that there was an “active intruder” in the building.
107. The voice on the loudspeaker sounded frightened and Ms. Jones believed that this
was an actual active-shooter incident.
108. Ms. Jones locked the door to her office and hid under her desk.
109. Ms. Jones sent a text to her Supervisor, Tammy Frankmann and called 911.
110. Ms. Frankmann told Ms. Jones that this was a drill, so Ms. Jones hung up on 911.
111. However, then Ms. Jones hear over the public announcement system that there

were two active shooters in the hospital, one white and one black, and that they were carrying
AR-15s, and that shots were fired.
112. At this point, Ms. Jones again believed that this was a real incident.
113. She sent another text to Tammy and called 911 again, but this time got a busy
signal.
114. After what felt like a very long time to Ms. Jones, she heard a third announcement
that stated this incident had been a drill.

115. However, Ms. Jones looked out her office window and saw a very large contingent
of law enforcement officers wearing flak jackets and armed with military-style weapons.
116. Therefore, Ms. Jones still believed that this incident was a real active-shooter
situation and not a drill.
117. She stayed in her office for several hours out of fear until she received an email
from Dr. Petti saying that it was a drill and apologizing to the staff.
118. As a result of this horrifying experience, Ms. Jones resigned from her Hawthorn
employment.
119. Ms. Jones had to reapply for employment with the State of Michigan and now
works as an Investigator for the Department of Child and Family Services in Wayne County.
120. Ms. Jones immediately started psychotherapy in order to address the severe
emotional distress and trauma she experienced from the December 21, 2022, incident.
121. Ms. Jones has been paying out-of-pocket for this psychotherapy because she is

not able to find a therapist who is in her insurance network.
122. Ms. Jones continues to experience stress, anxiety, nightmares, loss of sleep, fear
of being in confined spaces, and anxiety with being around law enforcement, in addition to other
symptoms related to the traumatic unannounced “drill” on December 21, 2022.
Jason Smith
123. On the morning of December 21, 2022, Jason Smith was working in his capacity as
a childcare worker inside the Hawthorn Center, assigned to a group of male children between
the ages of 7 and 12.

124. Mr. Smith was working with the “Michigan” unit of the building, although on
December 21, 2022, this unit was housed in the “Erie” unit’s living area due to construction.
125. Mr. Smith was with five other colleagues on the morning of December 21, 2022,
working with the “Michigan” unit children.
126. There were approximately 5 children with Mr. Smith and his colleagues in the
Michigan unit that morning.
127. When the first panicked announcement of “active intruders” came over the
paging system, Mr. Smith and his colleagues immediately gathered the children into the “B side”
television room in the unit, which they deemed to be the safest place in the unit.
128. Mr. Smith went to collect another child who he knew was sleeping in his room at
the time and bring him to the tv room.
129. Meanwhile a colleague piled mattresses to block the entrances to the doors on
the “B side” so that they would hear the mattresses fall if the intruders came into the unit.

130. Then Mr. Smith heard the second frantic announcement, that there were “two
active intruders, one Caucasian male and one African American male armed with AR 15s, shots
fired.”
131. Mr. Smith then went to the “A side” of the unit and piled mattresses against the
doors there so that they would hear them fall if the intruders came in.
132. Back in the television room, Mr. Smith and his colleagues tried to block the doors
with heavy chairs.
133. Looking out a window, Mr. Smith saw a large police presence—many marked
police cars and officers armed with long guns and in tactical gear.
134. Seeing all the police, Mr. Smith told his colleagues, “this is the real deal.”
135. He texted several colleagues to ask if they knew any information and these
colleagues texted back to confirm that there were police everywhere outside the building and
that this was real.
136. He and his colleagues continued to stack heavy chairs and a heavy table against
the door to the television room.
137. Mr. Smith and his colleagues also devised a plan to protect the children and
themselves: they would throw their coffee at the shooters and try to fight them to take away
their guns.
138. The children in the television room with them were crying and very upset to learn
that this was not a drill.
139. Mr. Smith and his colleagues armed the children with combs and brushes and
other items they could find to prepare them to fight if he and his colleagues were taken out by

the shooters.
140. Mr. Smith genuinely feared for his life:
a. He contacted his wife by text and told her that he loved her and their children,
that they were going to fight back, and that he was sorry; but
b. he did not contact his mother because of her poor health.
141. Mr. Smith, his colleagues, and the children then sat and waited in the television
room, fearing that they would die.
142. Finally, after some 50 minutes, they were alerted over the public address systems
that the “drill” was over and the building was clear.
143. After the horrifying drill ended, Mr. Smith and his colleagues were expected to
continue their work with the children as if nothing had happened.
144. Since this incident, Mr. Smith has suffered from extreme emotional and
psychological distress that caused him nightmares for weeks.
145. Mr. Smith had to undergo psychotherapy treatment, has been diagnosed with
post-trauma stress disorder, and takes anxiety medication because of the extreme distress he
experienced from this incident.
146. Mr. Smith has also had to use most of his sick leave and paid time off because he
was afraid to go back to work at the Hawthorn Center.
147. A childcare worker by training and profession, Mr. Smith has difficulty being
around children and loud noises.
148. These symptoms have wreaked havoc with his own family and personal life so that
he says, “I will never be the same after this damage.”

149. Mr. Smith had to change his employment to a facility that is a much longer
commute from his home because he is too afraid to return to the Hawthorn Center.
Jennifer Vance
150. On the morning of December 21, 2022, Jennifer Vance was working with 2 female
children, ages 13-17.
151. Ms. Vance, a childcare worker, was with 4 other colleagues at the time.
152. Sometime after 10 am, Ms. Vance heard an announcement over the loudspeaker
in the building that there was an “active intruder” in the building.

153. The voice on the loudspeaker sounded frightened and Ms. Vance believed that
this was an actual active-shooter incident.
154. The children in Ms. Vance’s care at the time became scared and at least one was
in tears.
155. Ms. Vance gathered the children with her colleagues and the children under their
care into the television room and they began stacking chairs against the door to barricade
themselves and the children into the room.
156. She opened up the patients’ lockers to arm herself and the children with any
objects they could find that they could use to throw at the intruders if they breached the
television room.
157. Then another announcement came over the loudspeaker stating that there were
two male intruders, one Black and one white, carrying AR15s, and that shots had been fired.
158. At this moment, Ms. Vance thought to herself, “I am going to die here” and

experienced extreme anxiety.
159. Ms. Vance sent text message to her loved ones telling them that she was in an
live-shooter situation and that she loved them.
160. She feared they would never see each other again.
161. One of Ms. Vance’s colleagues looked out the window and saw all the armed
police officers responding and he informed her and the others that he believed this was a genuine
active-shooter incident.
162. Everyone kept low to the ground away from the windows and remained quiet.
163. When the announcement came over the loudspeaker close to 11 am that this had
actually been a drill and not a live-shooter incident, the children in Ms. Vance’s care were in
shock.
164. Ms. Vance was in shock as well.
165. The patients in her care were so upset that they were crying and scratching
themselves because they did not know how to cope with the horror they had just experienced.
166. As the hours passed after the “drill” the patients in Ms. Vance’s care were having
breakdowns from the stress and trauma of the drill and she busied herself trying to console the
children even as she herself was still in shock.
167. When Ms. Vance got home that night, she broke down crying and could not sleep.
168. Ms. Vance did not have sufficient Paid Time Off (“PTO”) accrued, so she was not
able to take time off to recover from the trauma of that incident.
169. Ms. Vance has a family to support and could not afford to take unpaid leave to

deal with the post-traumatic stress and anxiety she was experiencing.
170. Ms. Vance did not request worker’s compensation or time off because she
believed it would have been denied, and a few weeks later she learned that others made such
requests and were denied.
171. Ms. Vance continues to experience stress, anxiety, nightmares, loss of sleep, and
other symptoms of severe emotional distress caused by being subjected to the traumatic
unannounced “drill” on December 21, 2022.

Kai Mason
172. On the morning of December 21, 2022, Kai Mason was on duty at the Hawthorn
Center as a clinical social worker.
173. Ms. Mason had just wrapped up a staff clinical meeting and returned to her office
when an announcement came over the public address system that there were active intruders in
the building.
174. She immediately closed her office door, barricaded herself and hid under the
table.
175. Ms. Mason texted her son and husband to tell them what was going on as she lay
as flat as possible on the floor and kept as quiet as possible.
176. Ms. Mason realized that the blinds to the glass wall to her office were not drawn
and she was in clear view of the hallway leading to the middle school.
177. This realization frightened Ms. Mason to the core yet she was afraid to risk being
seen if she got up and tried to lower the blinds.

178. Ms. Mason heard noises outside the office and feared it was the last time she
would be alive to talk with her family.
179. Her husband called her then, and as she whispered that she couldn’t talk, there
was a loud bang.
180. She and her husband thought it was a gunshot.
181. At this point, her husband left his job and headed to the Hawthorn Center to be
closer to her.
182. Later on, after the drill was over, Ms. Mason realized that the loud noise was from
a door to a stairwell.
183. Ms. Mason disconnected the call and prayed that her life would be spared.
184. At this point, she was shaking uncontrollably.
185. She then heard a second announcement that there were 2 shooters, armed with
AR-15s and that shots had been fired.
186. Ms. Mason began texting her colleagues and her supervisor to see if they were ok and if
they had any information.
187. One coworker wrote that she heard it might be a drill, but the supervisor texted back
stating that she did not know and that she could hear sirens.
188. The Supervisor further instructed Ms. Mason to remain quiet.
189. After some 50 minutes, an announcement came through that this had been a drill and it
was all clear.
190. After unbarricading herself and leaving her office, Ms. Mason went to her manager and

her supervisor and asked she had not been informed that there would be a drill so that no one would
panic.
191. The manager told Ms. Mason that he had been instructed not to inform anyone that this
was a drill.
192. Ms. Mason was angry to learn that the building’s management had intentionally kept her
and others in the dark about the drill and caused them all to fear for their lives.
193. Ms. Mason has had the unfortunate experience of having survived a past workplace
active-shooter situation that resulted in a colleague being murdered; therefore, this “drill” at Hawthorn
Center terrorized and retraumatized her.

194. As a result of the trauma from this siege, Ms. Mason started to experience severe
headaches that only occurred when she was at work and her blood pressure spiked.
195. Ms. Mason has required substantial medical treatment and medications to address the
blood pressure issues and related headaches.
196. Ms. Mason’s physical symptoms were so severe that she had to transfer to a new job, and
this change resolved her blood pressure and headache issues.
197. Ms. Mason continues to experience stress, anxiety, nightmares, loss of sleep, and
other symptoms of severe emotional distress caused by being subjected to the traumatic
unannounced “drill” on December 21, 2022.
Annette Padula
198. Annette Padula has been employed as a Housekeeper in the “Environmental
Maintenance” department of the Hawthorn Center since August of 2021.
199. On December 21, 2022, Ms. Padula was working on site at the Hawthorn Center and
present in the Boys bathroom in the “Michigan” unit, the A side, when she heard the announcement by a

panicked voice over the public address system that were active intruders in the building.
200. On hearing this announcement, Ms. Padula immediately went into a room with other
employees and children.
201. Ms. Padula was in that room with a childcare worker, one of the Center’s psychiatrists,
Dr. Chen, a nurse, a counselor, and 3 children.
202. The five adults strategized that if the shooter appeared at one door, they could escape
with the children out the other door.
203. One of the children, approximately 11 years old, was clinging tightly to Ms. Padula, even
as Ms. Padula was having a panic attack that made it hard for her to breathe.
204. Ms. Padula was particularly traumatized by the announcement of the active shooters in
the building because her great nephew was a student at Oxford High School who was shot and injured on
November 30, 2021, in a mass shooting incident.
205. What’s more, Ms. Padula’s niece, her great nephew’s mother, was working at Oxford High
School and had to barricade herself with students during that incident.
206. Ms. Padula and her entire family experienced serious trauma because of the Oxford High
School mass shooting incident just over a year prior to the Hawthorn Center incident.
207. Therefore, when the announcement came over the loudspeaker from a clearly frightened
voice that there were armed gunmen and shots had been fired, Ms. Padula went into a full-blown panic
attack: her legs felt paralyzed, she was crying and she could not breathe.
208. The child clinging to Ms. Padula started crying and then the other children did as well.
209. The description over the announcement system of the kind of weapons that the gunmen
were carrying heightened Ms. Padula’s panic because she understood that this attack was real.
210. At some point, Ms. Padula heard someone say that there was a mass of law enforcement
outside.

211. Ms. Padula heard a helicopter flying overhead.
212. Ms. Padula texted her daughter during the siege to let her know what was going on, and
her daughter said I was giving her an anxiety attack by the details.
213. After the announcement came across that this had been a drill and the building was clear,
Ms. Padula remained extremely distraught over the horror of the incident.
214. This incident was one of the scariest moments of Ms. Padula’s life.
215. As Ms. Padula stepped off of the elevator after the siege ended, she saw some coworkers
and immediately began to cry and experience more fear and panic.
216. She was sent home that day, because of her extreme distress Ms. Padula this siege caused
her.
217. Shortly after December 21, 2022, she saw her physician and received a prescription for
anxiety medications.
218. Ms. Padula and her health professionals have tried a variety of medications to help her
recover from the post-traumatic stress symptoms she has experienced because of this unannounced drill.
219. As a result of the horror imposed on her by the unannounced active-shooter drill, Ms.
Padula has severe sleep disruption, overwhelming anxiety and post-traumatic stress symptoms.
220. Ms. Padula still works at the Hawthorn Center, and because of Defendant’s having held
this unannounced active-shooter drill, every time she hears the public address system go off, “I feel like
my heart stops.”
Chauncey Payne, Jr.
221. On the morning of December 21, 2022, Chauncey Payne, Jr. was working in his
capacity as a childcare worker inside the Hawthorn Center, assigned to a group of male children

between the ages of 7 and 12.
222. Mr. Payne was working with two other colleagues on the morning of December
21, 2022, attending to “B-side” female patients on the “Erie” unit of the building.
223. There were 2 children with Mr. Payne and his colleagues that morning.
224. When the first panicked announcement of “active intruders” came over the
paging system, Mr. Payne’s first instinct was to run for his life.
225. Then he saw that his colleagues were gathering the children into the “B side”
television room in the unit, so he joined them there.

226. Mr. Payne piled mattresses to block the back entrance to the “B side” so that they
would hear the mattresses fall if the intruders came into the unit.
227. Then Mr. Payne heard the second frantic announcement, that there were “two
active intruders, one Caucasian male and one African American male armed with AR 15s, shots
fired.”
228. Mr. Payne and his colleagues tried to block the doors to the television room by
piling heavy chairs against it.
229. They instructed the children to be quiet and to stay down away from the windows.
230. Mr. Payne and his colleagues gathered things we could use as a weapon in case the
intruders broke through, they and the children could defend themselves.
231. Mr. Payne also texted his colleagues and loved ones.
232. He was worried to frighten his family but wanted to tell them that he loved them just in
case he never got another opportunity to do so.
233. Mr. Payne was scared to death as he waited in that room with frightened children and

colleagues.
234. He could see his colleagues texting to their loved ones, crying and praying.
235. Mr. Payne’s colleagues texted him to confirm that there were multiple police forces
responding with tactical gear and what looked like SWAT teams.
236. Mr. Payne realized that this was not a drill and prayed ever more fervently than before as
his anxiety and panic rocketed.
237. All he and his colleagues and the children could do was wait quietly.
238. Finally, after over 40 minutes, they received word that the incident was “just a drill.”
239. Mr. Payne was in shock: he could not believe that he was made to feel so much fear and
horror for just a drill.
240. Mr. Payne was too distressed to finish his work duties that day and immediately left the
building.
241. It was a couple of weeks before Mr. Payne was able to return to work because of the
mental shock and anguish.
242. Mr. Payne has been undergoing psychotherapy ever since to address the trauma and
anxiety he went through from the siege on December 21, 2022.
243. Mr. Payne suffers from severe post-traumatic stress symptoms, including sleep
disturbances, isolation from his friends and his family, and recurring memories that intrude into his daily
life.
244. Certain sounds like a door slamming or a beep on a phone can trigger severe anxiety
instantly.
CLASS ACTION ALLEGATIONS

245. This action is properly brought as a class action pursuant to MCR 3.501.
246. This class action comprises 2 subclasses.
247. The first subclass is represented by David and Kortni Horein, as next Friends to
minor child D.H., and Mollie and Brent Bonter, as Next Friends to minor child A.B., individually
and as Class Representatives to similarly situated minor Children who, on the morning of
December 21, 2022,
a. Were present inside Hawthorn at the time of the staged attack;
b. Were receiving inpatient psychiatric care at Hawthorn and were not free to leave
the facility during their treatment; and

c. Experienced a new or exacerbated psychological injury because of the staged
attack.
248. The second subclass is represented by Plaintiffs NaQuana Jones, Jason Smith,
Jennifer Vance, Kai Mason, Annette Padula, and Chauncey Payne, Jr., who bring claims
individually and on behalf of a class of similarly situated individuals who, on the morning of
December 21, 2022:
Michigan;
b. Were required to be present inside the Hawthorn Center as a condition of their
employment or were authorized visitors; and
c. Were not informed prior to the first announcement of active intruders in the
building that this was intended to be a drill.
249. The claims of the class representatives, including the violations of law and

resulting harms alleged, are typical of the claims, violations of law and resulting harms suffered
by all class members.
250. The plaintiff class representatives will fairly and adequately assert and protect the
interests of the two sub-classes.
251. Plaintiffs’ counsel know of no conflicts of interest between the class
representatives and absent class members with respect to the matters at issue in this litigation.
252. The class representatives will vigorously prosecute the suit on behalf of the two
sub-classes.
253. The Class representatives are represented by experienced counsel with expertise
in complex and class action litigation involving issues of civil rights, employment law and
employee benefits.
254. Plaintiffs’ counsel have identified and investigated the claims in this action and
have committed sufficient resources to represent the two sub-classes.
255. The maintenance of the action as a class action with two sub-classes will be
superior to other available methods of adjudication in promoting the convenient administration
of justice.
256. The prosecution of separate actions by individual members of the class could
result in inconsistent or varying adjudication with respect to individual members of the class.
257. Defendant has acted or failed to act on grounds generally applicable to all class
members, and this applies equally for the two sub-classes.
258. There are questions of law or fact common to the members of the class such that

common questions predominate over questions affecting only individual members: namely,
individual questions relate to each individual’s damages, which in all cases were caused by the
same acts of Defendants who were acting in concert with each other.
259. The class is estimated to include more than 200 adults and 50 children and is
therefore sufficiently numerous that joinder of all members is impractical.
260. Additionally, because this class comprises children who all suffer from psychiatric
illnesses and conditions that make them particularly vulnerable to stress and trauma, the class-
action process is particularly suited to protect these minor children from depositions,
questioning, and other features of litigation that could trigger retraumatizing and harmful
responses in them regarding the fear they experienced during the December 21, 2022, incident.
261. Since a sizeable number of extremely vulnerable children suffered these common
deprivations of due process rights and cruel and unusual punishment, the group is sufficiently
numerous to make class-action status the most practical method for plaintiffs to challenge
Defendants’ actions on December 21, 2022, which caused their deprivation of their safety
without due process and cruel and unusual punishment.
262. The filing of this complaint fulfills the notice requirements of MCL 600.6452 as to
all class members because the actions of the State are similar as to all claimants who have
experienced the constitutional violations described within these allegations and the claims of the
class representatives and all class members for both sub-classes arise out of a common factual
and legal nexus.
COUNT ONE: VIOLATION OF THE MICHIGAN CONSTITUTION, ARTICLE 1, SECTION 17,

ON BEHALF OF PLAINTIFFS NAQUANA JONES, JASON SMITH, JENNIFER VANCE, KAI MASON,
ANNETTE PADULA, AND CHAUNCEY PAYNE, JR., AND THE SUB-CLASS OF ADULT EMPLOYEES
263. Article 1, Section 17 of the Michigan Constitution states in relevant part: “No
person shall be . . . deprived of life, liberty, or property, without due process of law.”
264. One essential requirement of due process is individuals should be afforded meaningful
notice and a meaningful opportunity to be heard before being deprived of life, liberty, or property.
265. The incident at the Hawthorn Center on December 21, 2022, constitutes an action by the
State of Michigan to deprive Plaintiff and the class members of their liberty and genuinely fear for their
lives without any meaningful notice or opportunity to be heard on whether they consented to participate
in such a horrifying exercise.

266. The State of Michigan, through the Department of Health and Human Services and the
Executive Director of the Hawthorn Center Dr. Petti, caused the class members to have to participate in a
harrowing active-shooter drill without any advanced notice or opportunity to be heard or provide
meaningful consent to do so.
Executive Director of the Hawthorn Center Dr. Petti, were deliberated indifferent to the protected liberty
interest of Plaintiffs and the class members and engaged in conduct that shocks the conscience.
268. This active-shooter drill required the class members to engage in efforts to hide and/or
barricade themselves and the children in their care, which deprived them of their liberty.
269. This active-shooter drill caused the class members to genuinely fear that they and/or the
children in their care would die or suffer grave injury in a mass-shooting.
270. Adequate measures existed to prevent the harm and deprivations that the class members
experienced: specifically, prior notice that such a drill would take place is both the recommended practice
of the American Academy of Pediatrics and would have allowed the class members to proceed through
the important work of ensuring safety measures were understood and effective without forcing the class

members to hide and imprison themselves in the building while fearing for their lives.
271. Another adequate measure to prevent the deprivations class members experienced
would have been to advise them in advance of the need to conduct a realistic, “surprise” drill and give the
employees an opportunity to be heard on this plan before subjecting them to the horror of fearing for
their lives and the lives of the children in their care.
272. Post-deprivation remedies are inadequate and fail to provide due process because the
class members have already suffered the irreparable harm of having believed themselves to be facing
death and having had to hide and/or barricade themselves and the children in their care with no
understanding that they were able to leave the building safely.

273. As a result of the violations of the Michigan Constitution alleged above, Plaintiffs and the
sub-class of individuals they seek to represent have suffered significant physical and psychological
damages.
COUNT TWO: UNREASONABLE SEIZURE IN VIOLATION OF

MICHIGAN CONSTITUTION, ARTICLE 1, SECTION 11, ON BEHALF NAQUANA JONES, JASON
SMITH, JENNIFER VANCE, KAI MASON, ANNETTE PADULA, AND CHAUNCEY PAYNE, JR., AND
THE SUB-CLASS OF ADULT EMPLOYEES
274. Article 1, Section 11 of the Michigan Constitution states in part: “The person . . . of every
person shall be secure from unreasonable searches and seizures.”
275. A seizure occurs within the meaning of Art. 1, Sect. 11 of the Michigan Constitution (and
the Fourth Amendment of the U.S. Constitution) “only if, in view of all of the circumstances surrounding
the incident, a reasonable person would have believed that he was not free to leave.” People v. Lucynski,
509 Mich. 618, 635, 983 N.W.2d 827, 836 (2022) (quoting U.S. v. Mendenhall, 446 U.S. 544, 553-55 (1980).
276. A warrantless seizure is presumptively unconstitutional unless it is based on an exception
such as the consent of the person being seized. Lucynski, 509 Mich at 637.

277. “Coercive or intimidating behavior supports a reasonable belief that compliance is
compelled,” and therefore constitutes an unconstitutional seizure. Cassady v Tackett, 938 F2d 693, 696
(CA 6, 1991)(citing United States v. Collis, 766 F2d 219, 221 (CA 6.), cert. denied, 474 US 851 (1985)).
278. During the incident at the Hawthorn Center on December 21, 2022, the State of Michigan,
through Dr. Petti, imposed on Plaintiffs and the sub-class members they represent a harrowing active-
shooter drill that gave them genuine fear for the lives and the lives the children in their care.
279. Plaintiffs and the sub-class members were required by their roles and responsibilities in
such emergency situations to hide and/or barricade themselves to protect their lives and those of the
children in their care.

280. The frightening aspects of the incident, including announcements through the building’s
paging system that conveyed panic and information that they faced imminent and grave risk of harm,
created genuine fear such that a reasonable person in the position of the class members would have
believed that they were not free to leave.
281. Adequate measures existed to prevent the class members from genuinely believing that
they were at risk of death and not free to leave: specifically, prior notice that such a drill would take place
is both the recommended practice of the American Academy of Pediatrics and would have allowed the
class members to proceed through the important work of ensuring safety measures were understood and
effective without forcing the class members to hide and imprison themselves in the building while fearing
for their lives.
282. Another adequate measure to prevent the class members from genuinely believing that
they were at risk of death and not free to leave would have been to advise them in advance of the need
to conduct a realistic, “surprise” drill so that they would not believe that they were not free to leave for
risk of their lives.

sub-class of individuals they seek to represent have suffered significant, irreparable physical and
psychological damages.
COUNT THREE: VIOLATION OF THE MICHIGAN CONSTITUTION, ARTICLE 1, SECTION 17,

ON BEHALF OF PLAINTIFFS DAVID HOREIN AND KORTNI HOREIN, NEXT FRIENDS OF D.H., AND
MOLLIE BONTER AND BRENT BONTER, NEXT FRIENDS OF A.B., AND THE SUB-CLASS OF MINOR
CHILDREN WHO WERE PATIENTS AT HAWTHORN CENTER ON DECEMBER 21, 2022
284. Article 1, Section 17 of the Michigan Constitution states in relevant part: “No
person shall be . . . deprived of life, liberty, or property, without due process of law.”
285. One essential requirement of due process is individuals should be afforded meaningful
notice and a meaningful opportunity to be heard before being deprived of life, liberty, or property.
286. The incident at the Hawthorn Center on December 21, 2022, constitutes an action by the
State of Michigan to deprive Plaintiffs and the sub-class members they represent of the security of their
persons and genuinely fear for their lives without consent.
Executive Director of the Hawthorn Center Dr. Petti, caused the class members to have to participate in a
harrowing active-shooter drill that was conducted without any prior warning or advisement that it was
only a drill.
Executive Director of the Hawthorn Center Dr. Petti, were deliberated indifferent to the protected liberty
interest of Plaintiffs and the class members and engaged in conduct that shocks the conscience.
289. This active-shooter drill required these plaintiffs and sub-class members to engage in
efforts to hide and/or barricade themselves for fear of imminent danger.
290. This active-shooter drill caused the class members to genuinely fear that they would die
or suffer grave injury in a mass-shooting.

experienced: specifically, the American Academy of Pediatrics states that it is unadvised to conduct such
drills for vulnerable children like Plaintiffs and the sub-class members they represent without significant
advanced planning and preparation to ensure that they do not experience trauma through the experience.
292. Post-deprivation remedies are inadequate and fail to provide due process because
Plaintiffs and the sub-class members they represent have already suffered the irreparable harm of
suffering the trauma of having believed themselves to be facing death or grave injury from intruders
armed with semi-automatic weapons.

sub-class of individuals he seeks to represent have suffered significant physical and psychological
damages.
COUNT FOUR: VIOLATION OF THE MICHIGAN CONSTITUTION, ARTICLE 1, SECTION 16,

ON BEHALF OF PLAINTIFFS DAVID HOREIN AND KORTNI HOREIN, NEXT FRIENDS OF D.H., AND
MOLLIE BONTER AND BRENT BONTER, NEXT FRIENDS OF A.B., AND THE SUB-CLASS OF MINOR
CHILDREN WHO WERE PATIENTS AT HAWTHORN CENTER ON DECEMBER 21, 2022
294. Article 1, Section 16 of the Michigan Constitution states in relevant part: “cruel or
unusual punishment shall not be inflicted . . . .”
295. Plaintiffs and the sub-class of patients they represent are confined to the Hawthorn
Center for psychiatric treatment and not free to leave.
296. As minor children confined to a state facility, they are not free to leave and most if not all
of them are not free to be discharged without the State’s approval.
297. There, these individuals are protected by Article 1, Section 16 of the Michigan
Constitution, which protects individuals from cruel or unusual punishments associated with being held in

the custody of the State.
298. Credible threats of deadly force such that it inflicts gratuitous fear constitutes cruel and
unusual punishment.
299. On December 21, 2022, the State through its highest authority at the Hawthorn Center,
Dr. Petti, made the intentional decision to hold a surprise active-shooter drill, whereby the children
patients would have not advanced warning that this was only a drill.
300. Dr. Petti made the decision to hold this “drill” despite her knowledge as a medical
professional with expert-level understanding of the psychiatric care of children.

301. It is predictable that most children would be severely frightened and even traumatized by
being told credibly over the loudspeaker of a school or hospital that there were armed gunmen actively
shooting in the facility.
302. It is even more so the case that children suffering from mental illnesses and severe trauma
would be gravely harmed by a credible announcement that they were in the midst of such an active-
shooter incidents.
303. The State took no measures to protect the children patients confined at Hawthorn Center
from the high risk of severe trauma and shock from being informed that the hospital was under siege by
armed gunmen.
Executive Director of the Hawthorn Center Dr. Petti, caused Plaintiffs and the sub-class they represent to
participate in a harrowing active-shooter drill that was conducted without any prior warning or
advisement that it was only a drill.
305. This active-shooter drill caused Plaintiffs and the sub-class members they represent to
genuinely fear that they would die or suffer grave injury in a mass-shooting.

experienced: specifically, the American Academy of Pediatrics states that it is unadvised to conduct such
drills for vulnerable children like Plaintiffs and the sub-class members they represent without significant
advanced planning and preparation to ensure that they do not experience trauma through the experience.
307. Post-deprivation remedies are inadequate and fail to provide due process because
Plaintiffs and the sub-class members they represent have already suffered the irreparable harm of
suffering the trauma of having believed themselves to be facing death or grave injury from intruders
armed with automatic weapons.

sub-class of individuals he seeks to represent have suffered significant physical and psychological
damages.
DESIGNATION OF INSTITUTION OF THE STATE INVOLVED IN CLAIM
Pursuant to MCL 600.6431(1), Plaintiff designates the following institutions or agencies of the
state “involved in connection” with these claims: Hawthorn Center, a Children’s Psychiatric Hospital
owned and operated by the Michigan Department of Health and Human Services.
CONCLUSION AND RELIEF REQUESTED
Based on the violations of Article 1, Section 11 and Article 1, Section 17 of the Michigan
Constitution set forth in this complaint, Plaintiffs seek the following relief for himself and for a class
of similarly situated individuals:
a. An order declaring that Defendant’s “drill” conducted on December 21, 2022, violated Art. 1, Sect.
11 and Art. 1, Sect. 17 of the Michigan Constitution.
b. An order establishing a Mental Health Compensation Fund to support all Class Members who have

need for mental health care.
c. An order awarding monetary and compensatory damages to Plaintiff and all class members
sufficient to compensate them for the irreparable physical and emotional harm they suffered and
continue to suffer as a result of Defendant’s conduct.
d. An order permanently enjoining Defendant from conducting unannounced drill such as the one it
held on December 21, 2022.
e. An Order directing the Director of the Michigan Department of Health and Human Services to
evaluate whether Victoria Petti, Ph.D, Hospital Director for Hawthorn Center, Wayne Soucie,
Director of Training, and Data Improvement for Hawthorn Center, Derek Leppek, Physical Plant
Supervisor and Safety Coordinator for Hawthorn Center, Patti Glenn, Human Resource Manager
and Case manager for Hawthorn Center should be disciplined or retained as State employees.
f. An Order directing the Director of the Michigan Department of Health and Human Services to
monitor and evaluate the impact of this event on the affected children and adults at Hawthorn
and to set up mental health funding for any impacted child or adult requiring mental health
evaluations or treatment.
g. An Order enjoining Defendant from retaliating against Plaintiffs or in any way punishing the Class
Members for bringing this action.
h. Any additional relief that the Court deems equitable under the circumstances.
Respectfully submitted,
Pitt McGehee Palmer Bonanni & Rivers, PC

By: s/ Robin B. Wagner
Robin B. Wagner (P79408)
Michael L. Pitt (P24429)
Attorneys for Plaintiffs
117 W. Fourth Street, Suite 200

Royal Oak, MI 48068
248-398-9800
rwagner@pittlawpc.com
mpitt@pittlawpc.com
Dated: April 28, 2023


Hawthorn (COC) - Verified Class Action Complaint 4-28-23

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STATE OF MICHIGAN

David and Kortni Horein, parents and next

State of Michigan Department of Health and

Pitt McGehee Palmer Bonanni & Rivers, PC

Document received by the MI Court of Claims.

VERIFIED CLASS ACTION COMPLAINT FOR DECLARATORY RELIEF, INJUNCTIVE RELIEF,

maintenance, food preparation and other employees present.

Document received by the MI Court of Claims.

Plaintiffs bring four claims against the State of Michigan:

Count 1: on behalf of the Adult Plaintiffs, Violation of Article 1, Section 17 of the

Michigan Constitution’s promise of substantive due process,

Count 2: on behalf of the Adult Plaintiffs, Violation of Article 1, Section 11 of the

Michigan Constitution’s protection against unreasonable seizures;

Count 3: on behalf of the Minor Children Plaintiffs, Violation of Article 1, Section

Document received by the MI Court of Claims.

Count 4: on behalf of the Minor Children Plaintiffs, Violation of Article 1, Section

16 of the Michigan Constitution’s protection against cruel or unusual

DESCRIPTION OF THE PLAINTIFF CLASS

This class action involves two subclasses.

to leave the facility during their treatment; and

that this was intended to be a drill.

Document received by the MI Court of Claims.

employment or were authorized visitors; and

that this was intended to be a drill.

PARTIES, JURISDICTION, AND VENUE

for psychiatric treatment at all times relevant to this matter.

December 2015 until January 2023.

since January 2017.

Document received by the MI Court of Claims.

Maintenance department since August of 2021.

worker since 2019, assigned to Hawthorn Center.

9. Defendant State of Michigan, Department of Health and Human Services, is an

administrative department headed by a Director who reports to the Governor.

the Michigan Department of Health and Human Services.

12. Venue is proper in the Court of Claims pursuant to MCL § 600.6419.

CERTIFICATE OF COMPLIANCE WITH MCL § 600.6431, 600.6434(2)

Document received by the MI Court of Claims.

an officer authorized to administer oaths, pursuant to MCL 600.6434(2).

A. The Hawthorn Center

State of Michigan reporting directly to the Governor.

Center for inpatient psychiatric treatment.

from abuse and a range of severe mental illnesses.

Document received by the MI Court of Claims.

facility without permission from the Hospital.

requirement of their employment.

front desk clerical worker.

padlocked gates to help prevent escapes by the patients.

Data Improvement for Hawthorn Center.

and Safety Coordinator for Hawthorn Center.

Case manager for Hawthorn Center.

B. Gun Violence and Active Shooter Drills

Document received by the MI Court of Claims.

respond in the event of an emergency.

there were 303 school shootings. 1

32. Similarly, hospitals are also targets of gun violence. 2

to certain places and events. 3

victims of a mass shooting. 4

victim of a mass shooting. 5

Document received by the MI Court of Claims.

drill and when it would occur.

41. The American Academy of Pediatrics issued a policy statement in 2022,

Document received by the MI Court of Claims.

American Academy of Pediatrics (aap.org).

C. The State’s Actions