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
(212) 363-1997
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
(212) 363-1997
any
such
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