Free Other Notice - District Court of Arizona - Arizona

A. James Clark, #002901 CLARK & ASSOCIATES 2 256 South Second Avenue, #E Yuma, AZ 85364 3 Telephone (928) 783-6233
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Attorneys for Plaintiff Rubecca Mikkelsen, etc.

John A. Micheaels -- 05917 BEALE, MICHEAELS & SLACK, P.C. 6 1440 E. Missouri Avenue, #150 Phoenix, Arizona 85014 7 (602) 285-1444
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Attorneys for Plaintiff Dennis Mikkelsen UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA RUBECCA MIKKELSEN, surviving) spouse of Kelly Mikkelsen, deceased, ) No. CIV 02-2252-PHX-JAT and as Personal Representative of the) Estate of Kelly Mikkelsen, on behalf of) MILES MIKKELSEN, JERRET) STIPULATED DESCRIPTION OF MIKKELSEN and ALLISON) THE CASE MIKKELSEN, the minor children of) Kelly Mikkelsen, deceased, and on) behalf of DENNIS MIKKELSEN,) natural father of Kelly Mikkelsen,) (Assigned to the Honorable James A. deceased; TAYLOR R. FOX, a minor,) Teilborg) by her next friend and natural mother,) TRACY FOX-TANGA, ) ) (Revised 11/14/05 at 1:05 p.m.) Plaintiffs, ) ) vs. ) ) C O R R E C T I O N A L H E A L T H) RESOURCES, INC., a foreign) corporation; KENNETH L. FAIVER) and JANE DOE FAIVER, husband and) wife; JOSEPH EDWARD RICH, M.D.) and JANE DOE RICH, husband and) wife; DOES I through V, inclusive, ) ) Defendants. ) ______________________________ ) This case arises from the death of Kelly Mikkelsen. This case has been brought by Rubecca Mikkelsen, as surviving wife of Kelly Mikkelsen and personal representative of the

Case 2:02-cv-02252-JAT

Document 301

Filed 11/15/2005

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Estate of Kelly Mikkelsen, on behalf of Kelly's minor children, Miles Mikkelsen, Jerret Mikkelsen, Allison Mikkelsen and Taylor R. Fox, and Kelly's father, Dennis Mikkelsen. Kelly Mikkelsen died on October 11, 2001. Kelly Mikkelsen was being held at the Yuma County Detention Center, and was on work release status on the date of his death. Defendant Correctional Health Resources, Inc. (CHR) is a corporation that had the contract to provide health care and medical services to inmates at the Yuma County Detention Center. Defendant Ken Faiver was the president of CHR, and was responsible for CHR's overall operations, including its contract with the Yuma County Sheriff's Office. Defendant Dr. Joseph Rich was CHR's medical director. Plaintiffs contend that the Defendants CHR, Faiver and Rich are liable for the wrongful death of Kelly Mikkelsen and for violating Kelly Mikkelsen's Eighth Amendment right to adequate and competent medical care and treatment. Plaintiffs contend that negligence and deliberate indifference on the part of the Defendants CHR, Faiver and Rich caused and/or contributed to cause Kelly Mikkelsen's death. On their state law wrongful death claim, Plaintiffs are seeking damages to compensate Kelly Mikkelsen's minor children and father for the loss of Kelly's love, support, guidance and companionship, as well as their own grief, pain, anguish and suffering of the loss of their father and son. On Plaintiff's federal civil rights claim, Plaintiff seeks compensatory damages for Defendants' alleged deprivation of Kelly Mikkelsen's Eighth Amendment rights. Plaintiff is also requesting the imposition of punitive damages on Defendants CHR, Faiver and Rich based upon Defendants' callous, intentional and/or reckless indifference to Kelly Mikkelsen's health, safety and welfare. CHR admits Nurse Bragan, Nurse Kinsley and Ofel Diaz were its employees acting within the course and scope of their employment with CHR for purposes of Plaintiffs' state law claims during the evening of October 11, 2001 while at the jail. CHR further admits Defendants Ken Faiver and Dr. Rich were at all times relevant to this complaint acting within the course and scope of their employment with CHR for purposes of Plaintiffs' state law claims.
2 Document 301 Filed 11/15/2005 Page 2 of 4

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Case 2:02-cv-02252-JAT

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While CHR does not admit Plaintiffs have a valid claim for alleged violation of Kelly Mikkelsen's Eighth Amendment rights, in an abundance of caution, CHR further admits Defendants Ken Faiver and Dr. Rich were official policymakers for CHR for purposes of federal claims. CHR further admits that CHR, Defendants Ken Faiver and Dr. Rich were acting under color of state law for purposes of Plaintiff's federal claims. DATED this 15th day of November, 2005. BEALE, MICHEAELS & SLACK, P.C.

By s/ John A. Micheaels John A. Micheaels 1440 East Missouri Avenue, #150 Phoenix, Arizona 85014 Attorneys for Plaintiff Dennis Mikkelsen CLARK & ASSOCIATES

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By s/ John A. Micheaels (w/permission) A. James Clark 256 South Second Avenue, Suite E Yuma, Arizona 85364 Attorneys for Plaintiffs Rubecca Mikkelsen, et al RENAUD, COOK, DRURY & MESAROS, P.A.

By s/ James W. Barnhouse James W. Barnhouse One N. Central, Suite 900 Phoenix, AZ 85004 Attorneys for Defendants Correctional Health Resources, Inc., Faiver and Rich PAUL G. ULRICH, P.C.

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By s/ Paul G. Ulrich Paul G. Ulrich Melinda K. Cekander 131 E. El Caminito Drive Phoenix, Arizona 85020 Co-Counsel for Correctional Health Resources, Faiver and Rich
3 Document 301 Filed 11/15/2005 Page 3 of 4

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ABOUD & ABOUD
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By s/ John A. Micheaels (w/ permission) Michael J. Aboud 100 N. Stone Ave., Suite 303 Tucson,AZ 85701 Co-Counsel for Plaintiff Fox BOYTE & MINORE, P.C.

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By s/ John A. Micheaels (w/permission) Mary K. Boyte 150 W. Second Street Yuma, AZ 85364 Co-counsel for Plaintiff Fox E-Filed with the U.S. District Court this 15th day of November, 2005; and Copy of the foregoing delivered this 15th day of November, 2005, to:

Honorable James A. Teilborg U. S. District Court 16 401 West Washington Street Phoenix, Arizona 85003
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s/ Bobby Doisher

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Case 2:02-cv-02252-JAT