BORNSTEIN et al v. COUNTY OF MONMOUTH et al

Filing 310

OPINION filed. Signed by Judge Anne E. Thompson on 5/6/2015. (Attachments: # 1 Exhibit - Proposed Amended Complaint)(mmh)

Exhibit 1:
Proposed Amended Complaint

Michael David, Esq. (MND 5576)
82 Wall Street, Suite 610
New York, NY 10003
[phone]
Attorney for Plaintiff
UNITED STATES DISRICT COURT
DISTRICT OF NEW JERSEY
----------------------------------X
ISRAEL BORNSTEIN, as ADMINISTRATOR
OF THE ESTATE OF AMIT BORNSTEIN
and ISRAEL BORNSTEIN, individually

UNITED STATES DISTRICT CO0URT
FOR THE DISTRICT OF NEW
JERSEY
Docket No. 3:11-CV-5336-

Plaintiff(s),

AET-DEA
-against-

CIVIL ACTION

COUNTY OF MONMOUTH, MONMOUTH
COUNTY SHERIFF'S OFFICE, MONMOUTH
COUNTY CORRECTIONAL INSTITUTION,
, SGT. KENNETH,
NOLAND, OFC. TIMOTHY HUDDY, OFC.
DANIEL HANSSSON, OFC. STEVEN YOUNG,
OFC. GEORGE THEIS, ,
OFC. CHRISTOPHER PINEY, OFC. BERNARD
FISHER, OFC. SARA M. STURT, OFC.
JAMIELYN ROOSBACK, OFC. LEO HAFNER,
OFC. DAVID MILLARD, JOHN DOES 1-10
and CORRECT CARE SOLUTIONS LLC,

PROPOSED SECOND AMENDED
COMPLAINT

Defendants,
----------------------------------X
Plaintiffs,
complaining

of

the

by

Michael

defendants

N.

David,

herein,

allege

show to this Court, upon information and belief:

their
and

attorney,
respectfully

JURISDICTION and PARTIES

1.
1983

This

and

in

action

is

accordance

brought
with

pursuant

the

to

U.S.C. Section

Eighth

Fourth,

42

and Fourteenth

Amendments of the Constitution of the United States of America.
Jurisdiction

is

conferred

under

28

U.S.C. Section

1331

and

Section 1343(3).
Plaintiff

2.

Administrator

of

Israel

the

Browning

Terrace,

Monmouth,

is

of

the

and

United

Bornstein, individually

Estate

Old
was,

Amit

Bridge,
at

States

of

all

and

New

times

a

Bornstein

resident

TIFT,

71

07728,County

of

relevant,

of

OFC,

as the

residing at

Jersey
herein

and

the

a citizen

State

of

New

Jersey.
Defendants

3.

OFC. TIMOTHY

HUDDY, OFC. DANIEL

OFC.

RICK

OFC.

CHRISTOPHER

STURT,

LOMBARDO, OFC.

OFC.

MILLARD

OFC.TRACEY

PINEY,

JAMIELYN

RICCHIUTI,

HANSSSON, OFC. RAYMOND PAUL,

STEVEN
OFC.

THOMAS

YOUNG, OFC.

BERNARD

ROOSBACK,

OFC.

GEORGE THEIS, ,

FISHER,
LEOHAFNER,

OFC.

SARA

OFC.

M.

DAVID

and JOHN DOES 1-10, were at all times mentioned herein

duly appointed and acting correction officers of the defendant
MONMOUTH

COUNTY

SHERIFF’S

COUNTY

CORRECTIONAL

acting

in

such

OFFICE

and/or

defendant

MONMOUTH

INSTITUTION and at all times herein were

capacities

employees of the defendant

as

the

MONMOUTH

agents,

servants

and/or

COUNTY

SHERIFF’S

OFFICE

and/or defendant

MONMOUTH

COUNTY

CORRECTIONAL

INSTITUTION and

were acting under the color of law.
4.

Defendants LT.THOMAS

BOLLARO

and

SGT.KENNETH

NOLAND

were acting in supervisory capacities over Defendants OFC.TRACEY
TIFT, OFC,

THOMAS RICCHIUTI, OFC.TIMOTHY

HANSSSON, OFC.

RAYMOND PAUL, OFC.

YOUNG, OFC. GEORGE THEIS,
FISHER,

OFC.

LEOHAFNER,

SARA

M.

OFC. DAVID

RICK

HUDDY, OFC. DANIEL
LOMBARDO, OFC.

OFC. CHRISTOPHER

STURT,

OFC.

STEVEN

PINEY, OFC. BERNARD

JAMIELYN

ROOSBACK,

OFC.

MILLARD, John Does 1-10 and responsible

by law for the training, supervision and conduct of
5.

Defendants

COUNTY

OF

MONMOUTH,

MONMOUTH

COUNTY

SHERIFF’S OFFICE and MONMOUTH COUNTY CORRECTIONAL INSTITUTION
are duly designated governmental entities of the state of New
Jersey under the laws of the state of New Jersey.
6.

At

MONMOUTH,

all

times

MONMOUTH

COUNTYCORRECTIONAL
Defendants.

As

relevant

COUNTY

SHERIFF’S

INSTITUTION

such,

it

was

hereto,

Defendants
OFFICE

employed
responsible

the
for

and

COUNTY

OF

MONMOUTH

aforementioned
the

training,

supervision and conduct of Defendants LT.THOMAS BOLLARO, SGT.
KENNETH NOLAND OFC. TRACEY TIFT, OFC, THOMAS RICCHIUTI, OFC.
TIMOTHY HUDDY, OFC. DANIEL HANSSSON, OFC. RAYMOND PAUL, OFC.
RICK LOMBARDO, OFC. STEVEN YOUNG, OFC. GEORGE THEIS, , OFC.
CHRISTOPHER PINEY, OFC. BERNARD FISHER, OFC. SARA M. STURT, OFC.

JAMIELYN ROOSBACK, OFC. LEO HAFNER, OFC. DAVID MILLARD and John
Does 1-10.
7.

Defendant CORRECT CARE SOLUTIONS LLC provided medical

treatment

for

the

inmates

at

the

defendant

MONMOUTH

COUNTY

CORRECTIONAL INSTITUTION.

Factual Allegations
8.

That on or about July 29, 2010 at or about 4 p.m.

Plaintiff’s decedent AMIT BORNSTEIN was arrested and brought to
the defendant MONMOUTH COUNTY CORRECTIONAL INSTITUTION located
at 1 Waterworks Road, Freehold, New Jersey.
9.
without

That while in the custody and care of the defendants
just

cause

or

provocation

the

aforesaid

defendants

OFC.TRACEY TIFT, OFC, THOMAS RICCHIUTI, OFC. TIMOTHY HUDDY, OFC.
DANIEL HANSSSON, OFC. RAYMOND PAUL, OFC. RICK LOMBARDO, OFC.
STEVEN YOUNG, OFC. GEORGE THEIS, , OFC. CHRISTOPHER PINEY, OFC.
BERNARD FISHER, OFC. SARA M. STURT, OFC. JAMIELYN ROOSBACK, OFC.
LEO HAFNER, OFC. DAVID MILLARD and John Does 1-10. Assaulted and
battered the plaintiff’s decedent resulting in his death.
Count One
Excessive Force

10.

The

previous

paragraphs

are

incorporated

herein

inclusively as if fully set forth. As a direct and proximate
result of the above- referenced unlawful and malicious physical

abuse of Plaintiff by Defendants OFC.TRACEY TIFT, OFC, THOMAS
RICCHIUTI,

OFC.

TIMOTHY

HUDDY,

OFC.

DANIEL

HANSSSON,

OFC.

RAYMOND PAUL, OFC. RICK LOMBARDO, OFC. STEVEN YOUNG, OFC. GEORGE
THEIS, , OFC. CHRISTOPHER PINEY, OFC.BERNARD FISHER, OFC. SARA
M. STURT, OFC. JAMIELYN ROOSBACK, OFC. LEO HAFNER, OFC. DAVID
MILLARD and John Does 1-10 committed under color of state law,
Plaintiff’s

decedent

sustained

death and was deprived of his

bodily

harm

resulting

in

his

rights to be secure in his person

against unreasonable seizure of his person, in violation of the
Fourth, Eighth

and Fourteenth Amendments of the Constitution of

the United States and U.S.C. Section 1983.
11.

As a direct and proximate cause of the malicious and

outrageous conduct of Defendants as set forth above, Plaintiff’s
decedent

suffered

severe

bodily

injuries,

from

the

incident

until his death, and caused to experience excruciating conscious
pain and suffering.
12.
injured,

By

reason

suffered

of

great

the

above

mental

Plaintiff’s

anguish,

was

decedent

deprived

of

was
his

constitutional rights as described above and caused to die.
WHEREFORE,

Plaintiff

demands

judgment

against

the

Defendants on this Count together with punitive damages,
attorney’s fees, interest and costs of suit incurred, and
for any such further relief as the court deems proper and
just.

Count Two
Wrongful Death
13.

The

previous

paragraphs

are

incorporated

herein

inclusively as if fully set forth.
14.

As

a

direct

and

proximate

result

of

the

above-

referenced unlawful and malicious physical abuse of Plaintiff by
Defendants OFC. TRACEY TIFT, OFC. THOMAS RICCHIUTI, OFC. TIMOTHY
HUDDY,

OFC.

DANIEL

HANSSSON,

OFC.

RAYMOND

PAUL,

OFC.

RICK

LOMBARDO,OFC. STEVEN YOUNG, FC. GEORGE THEIS, , OFC.CHRISTOPHER
PINEY, OFC. BERNARD FISHER, OFC. SARA M. STURT, OFC. JAMIELYN
ROOSBACK, OFC. LEO HAFNER, OFC. DAVID MILLARD and John Does 1-10
committed

under

color

of

state

law,

Plaintiff’s

decedent

sustained bodily harm resulting in his death and was deprived of
his

rights

to

be

secure

in

his

person

against

unreasonable

seizure of his person, in violation of the Fourth, Eighth and
Fourteenth Amendments of the Constitution of the United States
and U.S.C. Section 1983.
15.

As a direct and proximate cause of the malicious and

outrageous conduct of Defendants as set forth above, causing
fatal injuries sustained by the decedent, the Estate of AMIT
BORNSTEIN, has incurred medical, hospital and funeral expenses,
pecuniary loss and loss of consortium.
WHEREFORE,

Plaintiff

demands

judgment

against

the

Defendants on this Count together with punitive damages,

attorney’s fees, interest and costs of suit incurred, and
for any such further relief as the court deems proper and
just.
Count Three
Unlawful Custom, Practice, Policy/Inadequate
Training
16.

The

previous

paragraphs

are

incorporated

herein

inclusively as if fully set forth.
17.

Defendants are vested by state law with the authority

to make policy on the use of force and the handling and/or
supervision of prison inmates.
18.
BOLLARO,

At all times mentioned herein, Defendants LT.THOMAS
SGT.

RICCHIUTI,

KENNETH

OFC.

NOLAND,

TIMOTHY

OFC.

HUDDY,

TRACEY

OFC.

TIFT,

DANIEL

OFC,

THOMAS

HANSSSON,

OFC.

RAYMOND PAUL, OFC. RICK LOMBARDO, OFC. STEVEN YOUNG, OFC. GEORGE
THEIS, , OFC.CHRISTOPHER PINEY, OFC.BERNARD FISHER, OFC. SARA M.
STURT,

OFC.

MILLARD
servants

and

John

and/or

MONMOUTH

COUNTY

CORRECTIONAL
control

JAMIELYN

of

ROOSBACK,

Does

employees

as

of

SHERIFF’S

INSTITUTION
said

1-10,

LEO

HAFNER,

correction

Defendants

and

acting

under

and

were

OFC.

officers,

COUNTY

OFFICE

were

Defendants

OFC.

OF

acting

agents,

MONMOUTH,

MONMOUTH
the

DAVID

COUNTY

direction

pursuant

to

and
the

official policy, practice or custom of said defendants.
19.

Acting under color of law pursuant to official policy,

practice, or custom, the Defendants COUNTY OF MONMOUTH, MONMOUTH

COUNTY

SHERIFF’S

INSTITUTION

OFFICE

and

intentionally,

MONMOUTH

knowingly,

COUNTY

CORRECTIONAL

recklessly

and/or

with

deliberate indifference failed to train, instruct, supervise,
control,

and

discipline,

on

a

continuing

basis,

Defendants

LT.THOMAS BOLLARO, SGT. KENNETH NOLAND, OFC. TRACEY TIFT, OFC.
THOMAS RICCHIUTI, OFC. TIMOTHY HUDDY, OFC. DANIEL HANSSSON, OFC.
RAYMOND PAUL, OFC. RICK LOMBARDO, OFC. STEVEN YOUNG, OFC. GEORGE
THEIS, , OFC.CHRISTOPHER PINEY, OFC.B ERNARD FISHER, OFC. SARA
M. STURT, OFC. JAMIELYN ROOSBACK, OFC. LEO HAFNER, OFC. DAVID
MILLARD and John Does 1-10 in their duties to refrain from: (1)
unlawfully

and

maliciously

assaulting

and

battering

prison

inmates and/or using unreasonable and excessive force.
20.

Defendants

COUNTY

OF

MONMOUTH,

MONMOUTH

COUNTY

SHERIFF’S OFFICE and MONMOUTH COUNTY CORRECTIONAL INSTITUTION
were

aware

of

numerous

similar

prison

encounters

involving

Defendants LT.THOMAS BOLLARO, SGT. KENNETH NOLAND, OFC. TRACEY
TIFT, OFC, THOMAS RICCHIUTI, OFC. TIMOTHY HUDDY, OFC. DANIEL
HANSSSON, OFC. RAYMOND PAUL, OFC. RICK LOMBARDO, OFC. STEVEN
YOUNG, OFC. GEORGE THEIS, , OFC. CHRISTOPHER PINEY, OFC. BERNARD
FISHER, OFC. SARA M. STURT, OFC. JAMIELYN ROOSBACK, OFC. LEO
HAFNER,

OFC.

Correction
subjected
abuse;

DAVID

Officers
prisoners

unlawfully

MILLARD

and

John

whereby

they

held

custody

and

in

Does

1-10

customarily

maliciously

to

and/or

and

physical

assaulted

other

frequently
and

and

mental

battered

prisoners;

and/or

used

unreasonable

and

excessive

force

on

prisoners.
21.

Despite

their

awareness,

Defendants

COUNTY

OF

MONMOUTH, MONMOUTH COUNTY SHERIFF’S OFFICE and MONMOUTH COUNTY
CORRECTIONAL INSTITUTION failed to employ any type of corrective
or disciplinary measures against Defendants LT.THOMAS BOLLARO,
SGT. KENNETH NOLAND, OFC. TRACEY TIFT, OFC. THOMAS RICCHIUTI,
OFC. TIMOTHY HUDDY, OFC. DANIEL HANSSSON, OFC.RAYMOND PAUL, OFC.
RICK LOMBARDO, OFC. STEVEN YOUNG, OFC. GEORGE THEIS, , OFC.
CHRISTOPHER PINEY, OFC. BERNARD FISHER, OFC. SARA M. STURT, OFC.
JAMIELYN ROOSBACK, OFC.LEO HAFNER, OFC. DAVID MILLARD and John
Does 1-10 or other Correction Officers.
22.

Defendants had knowledge of, or, had they diligently

exercised their duties to instruct, train, supervise, control,
and

discipline

Defendants

LT.THOMAS

BOLLARO,

SGT.

KENNETH

NOLAND, OFC. TRACEY TIFT, OFC, THOMAS RICCHIUTI, OFC. TIMOTHY
HUDDY,

OFC.

LOMBARDO,

DANIEL
OFC.

HANSSSON,

STEVEN

OFC.

YOUNG,

RAYMOND
OFC.

PAUL,

GEORGE

OFC.
THEIS,

RICK
,

OFC.CHRISTOPHER PINEY, OFC. BERNARD FISHER, OFC. SARA M. STURT,
OFC. JAMIELYN ROOSBACK, OFC. LEO HAFNER, OFC. DAVID MILLARD and
John Does 1-10 on a continuing basis, should have had knowledge
that the wrongs which were done, as heretofore alleged, were
about to be committed.

23.

Defendants had power to prevent or aid in preventing

the commission of said wrongs, could have done so by reasonable
diligence, and intentionally, knowingly, recklessly and/or with
deliberate indifference failed to do so.
24.

Defendants

COUNTY

OF

MONMOUTH,

MONMOUTH

COUNTY

SHERIFF’S OFFICE and MONMOUTH COUNTY CORRECTIONAL INSTITUTION
directly or indirectly, under color of state law, approved or
ratified
wanton

the

unlawful,

conduct

of

deliberate,

Defendants

malicious,

LT.THOMAS

reckless,

BOLLARO,

SGT.

and

KENNETH

NOLAND, OFC. TRACEY TIFT, OFC. THOMAS RICCHIUTI, OFC. TIMOTHY
HUDDY,

OFC.DANIEL

LOMBARDO,

OFC.

HANSSSON,

STEVEN

OFC.

YOUNG,

RAYMOND

OFC.

GEORGE

PAUL,

OFC.

THEIS,

,

RICK
OFC.

CHRISTOPHER PINEY, OFC. BERNARD FISHER, OFC. SARA M. STURT, OFC.
JAMIELYN ROOSBACK, OFC. LEO HAFNER, OFC. DAVID MILLARD and John
Does 1-10 heretofore described.
25.

As

a

direct

and

proximate

result

of

the

acts

of

Defendants as set forth herein, Plaintiff’s decedent suffered
severe bodily injuries, from the incident until his death, and
caused to experience excruciating conscious pain and suffering
in connection with the deprivation of his constitutional rights
guaranteed by the Fourth, Eighth and Fourteenth Amendments to
the Constitution of the United States and protected by 42 U.S.C.
Section 1983.

WHEREFORE, Plaintiff demands judgment against Defendants on
this Count together with attorney’s fees, punitive damages
interest

and

costs

of

suit

incurred,

and

for

any

such

further relief as the court deems proper and just.
Count Four
Supervisory Liability

26.

The

previous

paragraphs

are

incorporated

herein

inclusively as if fully set forth.
27.

Defendants LT.THOMAS BOLLARO and SGT.KENNETH NOLAND,

were supervisory officials and/or officers in charge at the time
Plaintiff was assaulted and battered.
28.

Defendants LT.THOMAS BOLLARO and SGT.KENNETH NOLAND,

had a duty to prevent the subordinate officers from violating
the constitutional rights of prisoners.
29.
either

Defendants LT.THOMAS BOLLARO and SGT.KENNETH NOLAND,
directed

RICCHIUTI,

OFC.

Defendants
TIMOTHY

OFC.TRACEY

HUDDY,

OFC.

TIFT,

DANIEL

OFC,
HANSSSON,

THOMAS
OFC.

RAYMOND PAUL, OFC. RICK LOMBARDO, OFC. STEVEN YOUNG, OFC. GEORGE
THEIS, , OFC. CHRISTOPHER PINEY, OFC. BERNARD FISHER, OFC. SARA
M. STURT, OFC. JAMIELYN ROOSBACK, OFC. LEO HAFNER, OFC. DAVID
MILLARD

and

John

constitutional

Does

rights

1-10
or

had

to

violate

knowledge

his/their subordinates violations.

Plaintiff’s
of

and

decedents

acquiesced

in

30.

As

a

direct

and

proximate

result

of

the

acts

of

Defendants as set forth herein, Plaintiff’s decedent suffered
severe bodily injuries, from the incident until his death, and
caused to experience excruciating conscious pain and suffering
in connection with the deprivation of his constitutional rights
guaranteed by the Fourth, Eighth and Fourteenth Amendments to
the Constitution of the United States and protected by 42 U.S.C.
Section 1983.
31.
Defendants

WHEREFORE,
on

this

Plaintiff
Count

demands

together

judgment
with

against

punitive

the

damages,

attorney’s fees, interest and costs of suit incurred, and for
any such further relief as the court deems proper and just.
Count Five
Correct Care Solutions LLC Liability

32.

The

previous

paragraphs

are

incorporated

herein

inclusively as if fully set forth.
33.
defendant,

That

at

all

CORRECT

CARE

times

hereinafter

SOLUTIONS

LLC,

was

mentioned,
and

still

the
is

a

limited liability company organized and existing under the laws
of the State of New Jersey, and did, and does provide medical
treatment

to

inmates

at

the

defendant

MONMOUTH

COUNTY

CORRECTIONAL INSTITUTION.
34.

That CORRECT CARE SOLUTIONS LLC, was a State Actor,

under 42 USC § 1983, as it acted with deliberate indifference to

AMIT

BORNSTEIN’S

suffer

immediate

medical

pain

suffering,

conscious

constitutional

rights

and

guaranteed

needs

by

and

caused

depriving

the

him

Fourth,

him

to

of

his

Eighth

and

Fourteenth Amendments to the Constitution of the United States
and protected by 42 U.S.C. Section 1983.
35.

That

on

or

about

the

29th

day

of

July,2010

the

plaintiff’s decedent, AMIT BORNSTEIN, was attended to by the
defendant,

CORRECT

CARE

SOLUTIONS

LLC,

as

physicians

and/or

nurses and/or health care provider to attend to, and treat and
cure him of a trauma from which he was suffering.
36.

The defendants, CORRECT CARE SOLUTIONS LLC , did not

use reasonable or proper skill in its effort to cure plaintiff’s
decedent, AMIT BORNSTEIN, of such pain and suffering in that it
negligently
AMIT

and

BORNSTEIN,

carelessly
failing

to

treated
and

the

plaintiff’s

delaying

the

decedent,

performance

of

necessary treatment for his trauma , which caused plaintiff’s
decedent to pass expire.
37.
health

Defendant undertook as physicians and/or nurses and/or
care

provider

to

attend

and

care

for

plaintiff’s

decedent, AMIT BORNSTEIN, and to use reasonable and proper skill
and care to cure plaintiff’s decedent of such trauma.
38.

That defendants did not use reasonable or proper skill

in their efforts to cure plaintiff’s decedent of such ailment in
that they negligently and carelessly failed to treat, attend and

delayed

in

performing

the

necessary

treatment

causing

plaintiff’s decedent to sustain severe personal injury and his
death on July 29, 2010.
39.

The

defendants

through

its

agents,

servants

and/or

employees were negligent as described below:
(a)

In that they did not use reasonable and proper skill
or care in their efforts to treat and cure plaintiff’s
decedent;

(b)

In

that

they

carelessly

and

recklessly

failed

to

provide reasonable and proper medical care and skill,
and further and proper in such circumstances; which
failure

and

neglect

thereafter

caused

plaintiff’s

decedent to become severely and permanently injured
and ultimately expire;
(c)

In

that

the

knowledge,
they

defendants

skill

should

plaintiff’s

and

have

failed

to

diligence

which

possessed

and

decedent’s

consent

exercise
as

the

physicians

exercised

to

the

in

procedure

without such prior information;
(d)

In

that

they

failed

to

properly

examine

the

plaintiff’s decedent to ascertain information required
prior

to

performing

such

care

and

treatment;

thus,

failing to utilize the medically accepted procedure;

(e)

In that defendants used the procedure that was not
medically accepted under the circumstances;

(f)

In that defendants failed to inform the plaintiff’s
decedent, of the risks and hazards and consequences of
the

procedure,

thereby

obtaining

plaintiff’s

decedent’s consent to the procedure without such prior
information;
(g)

In that the defendants failed to perform the treatment
in the accepted manner;

(h)

In that the defendants, their agents, servants and/or
employees

negligently

professional
disclose

care

to

failed

the

provide

treatment

and

to
or

diagnosis

plaintiff’s

alternatives

thereto

risks

benefits

and

and

the

or

decedent,

reasonable

involved

their

as

a

to

such

foreseeable
reasonable

practitioner would under similar circumstances would
have

disclosed

plaintiff’s

in

a

decedent

evaluation;

in

plaintiff’s

decedent

failing

to

advise

hazards

of

the

him.

manner
to

failing

to

of

the

permitting
make

an

failing

plaintiff’s

procedures

that

advise

treatment;

decedent

were

said

intelligent

to

alternative

the

of

performed

the
in
the
upon

40.

The injuries and damages to the plaintiff’s decedent

were caused in part by the negligence of the defendant.
41.

WHEREFORE,

Defendants

on

this

Plaintiff
Count

demands

together

judgment
with

against

punitive

the

damages,

attorney’s fees, interest and costs of suit incurred, and for
any such further relief as the court deems proper and just.
Count Six
Correct Care Solutions LLC Liability

42.

The

previous

paragraphs

are

incorporated

herein

inclusively as if fully set forth.
43.

That CORRECT CARE SOLUTIONS LLC, was a State Actor,

under 42 USC § 1983, as it acted with deliberate indifference to
AMIT

BORNSTEIN’S

suffer

conscious

constitutional

immediate

medical

pain

suffering,

rights

and

guaranteed

by

needs

and

caused

depriving

the

him

Fourth,

him

to

of

his

Eighth

and

Fourteenth Amendments to the Constitution of the United States
and protected by 42 U.S.C. Section 1983.
44.

That as a result of said conduct, plaintiff’s decedent

through no fault, want or lack of care on his part, was severely
injured and caused to experience excruciating conscious pain and
suffering.
WHEREFORE,

Plaintiff

demands

judgment

against

the

Defendants on this Count together with punitive damages,
attorney’s fees, interest and costs of suit incurred, and

for any such further relief as the court deems proper and
just.
Count Seven
Correct Care Solutions LLC Liability

45.

The

previous

paragraphs

are

incorporated

herein

inclusively as if fully set forth.
46.

That CORRECT CARE SOLUTIONS LLC, was a State Actor,

under 42 USC § 1983, as it acted with deliberate indifference to
AMIT

BORNSTEIN’S

suffer

conscious

constitutional

immediate

medical

pain

suffering,

and

rights

guaranteed

needs

by

and

caused

depriving

the

him

Fourth,

him

to

of

his

Eighth

and

Fourteenth Amendments to the Constitution of the United States
and protected by 42 U.S.C. Section 1983.
47.

That

the

defendants,

its

agents,

servants

and/or

employees negligently failed to provide the professional care
and

treatment

decedents,
foreseeable

or

such
risks

prognosis

or

alternatives
and

to

disclose

thereto

benefits

involved

plaintiff’s

the

and

to

reasonable

a

reasonable

as

practitioner would under similar circumstances have disclosed in
a

manner

intelligent

permitting

said

evaluation;

in

plaintiff’s
failing

to

decedent
advise

the

to

make

an

plaintiff’s

decedents of the hazards of the delay in performing certain
procedures upon AMIT BORNSTEIN.

WHEREFORE, Plaintiff demands judgment against Defendants on
this Count together with attorney’s fees, punitive damages
interest

and

costs

of

suit

incurred,

and

for

further relief as the court deems proper and just.
Yours etc.,
S/ MICHAEL N. DAVID
Attorney for Plaintiff
82 Wall Street
New York, NY 10005
[phone]

any

such