Free Complaint - District Court of Delaware - Delaware

~
ERIC of DEPARTMENT MEDICAL EMPLOYEES CERT CORRECTION; DELAWARE lNDlVlDUALEMPLOYEES Adminstrator K

JANET

PORTER;

AlN

PORT~R;

PORTER,

P,

UNKNOWN

CTR.;

';;:

of

DEPARTMENT

OF

the

and

OF

:';.CHRISTOPHER

KERRY

RAPHAEL

FIRST

ESTATE

LEE

CORRECTION,

STATE

INDIVIDUAL

GOLDSTEIN,

CORRECTIONAL

OF

OF

WILLIAMS;

OF

OF

THE

ROBERT

Case 1:07-cv-00172-SLR

DELAWARE

PORTER;

ST

a

COMPLAINT

ATE

resident

PAXONasnext friend

Parties
OF

Document 1

) ) ) ) GLENN ) ) ) Plaintiffs, ) ) ) STANLEY T AYLOR; FIRST CORRECTIONAL ) MEDlCAL CENTER; CERTAIN UNKN 0 WN ) ) ) ) ) ) and ) ) ) Defendants. )

of

New

IN THE UNITED STATES DISTRICT

FOR THE DISTRICT OF DEL A WARE

Civil

Castle

Filed 03/23/2007

COURT

Action

County,

No.

Delaware

c .) {'

-'~J

C'.,.

Page 1 of 8

"-:J ' J

and

liT
r

is

"'"

':~~ ( .J',

2

)

the

Case 1:07-cv-00172-SLR

Document 1

Filed 03/23/2007

Page 2 of 8

3.

Plaintiff

Ken-y

Paxon

is

the

mother

and

next

friend

of

K

f.

(date

of

1997),

who

is

the

surviving

son

of

the

decedent

Robeli

Glenn

4.

Plaintiff

Lee

Goldstein

as

Administrator

of

the

Estate

of

Robert

Porter.

Glenn

Porter

birth

been

appointed

administrator

of

the

estate

of

decedent

Robert

Glenn

Porter

by

the

New

County

Register

of Wills.

5.

Plaintiff

Christopher

Porter (date of birth

September

13, 1985) is the son of

decedent Robert Glenn Porter. 6. Glenn Porter.
7. Defendant Stanley Taylor was the Commissioner of Correction for the State of Delaware at the time that decedent Porter hung himself, and in that capacity was the Officer of the Department of Con-ection (the department will hereinafter sometimes be

Plaintiff

Eric Porter (date of birth June 17, 1980) is the son of decedent Robert

Castle

to as the "DOC").

8.
the HRYCI.

Defendant Raphael Williams

is and was at all times relevant hereto the Warden of

9.

Defendants,

unknown

individual

employees

of

the

DOC,

were,

on

and belief, involved

in the care and custody of Robert Glenn Porter, either directly or indirectly to properly administer such care and custody, at relevant times

by virtue of their obligations hereto. 10. Defendant,

State of Delaware Department of Correction,

is a subdivision

information

referred

Chief

of the

State of Delaware. 11.
as "FCM"), is,

Defendant,
on information

First Con-ectional Medical Center (hereinafter
and belief, a corporation that was responsible,

sometimes referred to
at all times relevant

2

has

Case 1:07-cv-00172-SLR

Document 1

Filed 03/23/2007

Page 3 of 8

3

Case 1:07-cv-00172-SLR

Document 1

Filed 03/23/2007

Page 4 of 8

COUNT I
Violation of Civil Ri2hts under Color of State Law, 42 U.S.c. ~ 1983Cruel and Unusual Punishment (Lee Goldstein as administrator

all

individual

defendants

and

22. 23.

Paragraphs 1 to 20 are restated as if more fully set forth herein. The vulnerability of Robert Glenn Porter to suicide constituted a serious medical

need of which defendants

knew or should have known,

and the actions and/or inactions of

4

FCM)

a2ainst

deliberate

suffered

defendants

inmates

to:

policies

medical

(by

plaintiff

a

failure

24.

Lee

26.

attendant

28.

indifference

and

Failure

25.

27.

information

and

Violation

were

Goldstein

to

procedures

As

how

In

properly

The

state

a

performing

Lee Goldstein
physical

life, and/or a failure
to

to train
result

deliberate indifference
of which properly actors as Civil train administrator of against of injuries,

aforesaid

to

appropriate

and/or

FCM

could

performing

Rights

its

the

to institute
and

actions care

as administrator

The death of Robert
medical

Case 1:07-cv-00172-SLR

to the rights
and supervise the for mental under the individual

be

wrongful

personnel.

expected

of

maintenance

Glenn

now

inmates state against

appropriate
services

FCM

individual

Color

anguish,

FCM

actions

of ilmlates,
functions FCM identified FCM

to

and

lead

Document 1

COUNT II

of wrongful

procedures

defendants, under color of state law, in addressing or failing

seeks compensation.

Porter was the direct

Paragraphs 1-24 are restated as if more fully set forth herein.

injury, and/or death, and which did in fact lead to the death of Robert Glenn Porter.

deprived of his right to life and his right to be free from cruel and unusual punishment, for which

including

5
personnel for of FCM State the as under defendants) a DOC, as defendants, person Law, so color making as 42 FCM to of and

the

of

pain

to

the

substantial

individual

and

defendants,

Filed 03/23/2007

for the timely

customs, practices

the rights result
properly state previous including and as a law. the state recognize

suffering,

FCM

D.S.C

and

unnecessary

Robert

defendants

and

to address that need, constituted

of Robert of the customs, transmission
attempts individual but not on suicidal limited FCM

&

1983

death,

Glenn

actor,

-

suffering,

Page 5 of 8

and polices

amounts

and

GleIm POlier practices, of important
their

and

Porter

was

to

Case 1:07-cv-00172-SLR

Document 1

Filed 03/23/2007

Page 6 of 8

29.

As

a

result

of

the

wrongful

actions

of

the

defendants,

Robert

Glenn

suffered attendant physical. injuries,

mental anguish, pain and suffering,

and death, and was

deprived of his right to life and his right to be free from cruel and unusual punishment, for which plaintiff Lee Goldstein as administrator now seeks compensation.

COUNTIII
Violation of Civil Ri2hts under Color of State Law, 42 V.S.C. & 1983 Failure to train

and/or

maintenance

of

wrongful

customs,

practices

and

polices

(by

Lee

Goldstein

Porter

Administrator
and the

a2ainst
individual

the

State
defendant

of Delaware
employees

Department
of the DOC)

of Correction

6

as

Case 1:07-cv-00172-SLR

Document 1

Filed 03/23/2007

Page 7 of 8

was

deprived

of

his

right

to

life

and

his

right

to

be

free

from

cruel

and

unusual

punishment,

which

plaintiff

Lee

Goldstein

as

administrator

now

seeks

COUNTIV
Wrongful Death under 10 Del. C. ~ 3724 (by Janet Porter, Eric Porter,

compensation.

Porter,

and Kerry Paxon as next friend Against all defendants)
1-33 are restated as ifmore fully set

of K.

-.r.

Paragraphs

forth

The

aforesaid

wrongful

actions

of

the

defendants

caused

herein.

the

wrongful

Christopher

death

for

Plaintiffs are authorized to recover for the damages they have suffered as a result of the wrongful death of Robert Glenn Porter pursuant to the terms of 10 Del. C. § 3724, and they have suffered severe damages as identified thereunder, including but not limited to the loss of companionship and support of their son and/or father, Robert Glenn Porter, with attendantand severeemotional anguish.

COUNT

Survival

action

under

10

Del.

C.

~

3701

for

medical

V

malpractice

(by

Lee

Goldstein

Administrator

against

FCM

and

the

individual

FCM

37.
38.

Paragraphs 1-36 are restated as ifmore fully set forth herein.
The aforesaid actions of the defendants constituted medical malpractice, causing

great pain and suffering,
39. Plaintiff Lee

physical injury, and death to Robert Glenn Porter.
Goldstein is authorized to recover for the damages suffered by

Robert Glenn Porter as a result of the medical malpractice of the defendants, pursuant to 10 Del. C. § 3701.

defendants)

and

of

Case 1:07-cv-00172-SLR

Document 1

Filed 03/23/2007

Page 8 of 8

By

Herbert

m~

G.

Feuerhake,

Esq.

The

Law

Office

ofH.

G.

521 West Street
Wilmington, Delaware 19801

(302) 658-6101
[email protected]

l_Margolis Edelstein 1509 Gilpin Avenue
Wilmington, Delaware 19806

(302) 777-4680 .Jil\artin (c(J.margo Jisedel stein. c om
Attorneys for Plaintiff

DATE: March 23,2007

8

Feuerhake

(#2590)

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