Medical Transfer Petition For Malachi K York
  • Petitioned President of the United States

This petition was delivered to:

President of the United States
U.S. Senate
U.S. House of Representatives

Medical Transfer Petition For Malachi K York

    1. Net-Hetep Ta'Nesert
    2. Petition by

      Net-Hetep Ta'Nesert

      DALLAS, TX

Petition for the immediate medical transfer of Dr. Malachi K. York to a proper medical facility.

Dr. Malachi York at the time of this petition was 66 years old and suffering from the life threatening disease, Hereditary Angio Edema (HAE). He continues to age each year with this life threatening disease and with age he becomes even more vulnerable to this disease, especially being in a place that does not provide proper medical care for this type of rare disease.  Mr. York is being held in the custody of the United States Bureau of Prisons (BOP) at the United States Penitentiary, Florence Administrative Maximum located in Florence, Colorado, a Level VI Super Max facility. According to the United States Hereditary Angio Edema Association, HAE is a rare, potentially fatal genetic disorder that causes severe attacks and dramatic swelling of the throat, hands, arms, feet, face, and abdomen. These attacks cause severe pain. Deaths from throat swellings have been reported to be as high as 40% in some families. Because Mr. York's condition is acute, he could easily slip into this percentile.

 

Update of an actual account of an inmate dying from this disease:

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
03-M-500
TAMARA L. SCHLITTERS, Individually and as Personal Representative of the Estate of Jeffrey A. Buller,
Plaintiff,
v.
CORRECTIONS CORPORATION OF AMERICA;
P. BRIDGES,
L. HENDRICKS,
ROGER BROWNFIELD,
KIM SAULTER,
NURSE IRBY,
OFFICER PLUNKETT,
LIEUTENANT MILLER,
CAPTAIN HOLMES,
OFFICER KOONTZ,
OFFICER LOOMIS, each in his or her individual and official capacity.
Defendants
______________________________________________________________________________
COMPLAINT
______________________________________________________________________________
Plaintiff Tamara L. Schlitters, through her attorneys, David A. Lane of KILLMER & LANE, LLP and James Gillies, Esq. of The Law Office of James L. Gillies, P.C., respectfully alleges for her Complaint as follows:
INTRODUCTION
1. This is an action for damages arising under the United States Constitution and the laws of the State of Colorado. Defendants violated the rights of Jeffrey Buller, the deceased son of the Plaintiff, under the Eighth Amendment of the Constitution and the laws of the State of Colorado when knowingly and with deliberate indifference to his constitutional rights, they
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denied him reasonable medical treatment for a serious medical condition, thereby causing him extensive pain and suffering and ultimately, death. Defendants’ conduct under color of state law proximately caused the deprivation of Mr. Buller’s federally protected rights. Defendants’ conduct, done willfully and wantonly, also gives rise to supplemental and pendant state claims.
JURISDICTION AND VENUE
2. This action arises under the Constitution and laws of the United States and the State of Colorado including Article III, Section 1 of the United States Constitution and 42 U.S.C. § 1983. Jurisdiction is conferred on this Court pursuant to 28 U.S.C. §§ 1331, 1343 and 2201. Jurisdiction supporting Ms. Schlitter’s claim for attorney fees and costs is conferred by 42 U.S.C. § 1988. This Court has supplemental jurisdiction over the pendant state claims pursuant to 28 U.S.C. § 1367.
3. Venue is proper in the District of Colorado pursuant to 28 U.S.C. § 1391(b). All of the events alleged herein occurred within the state of Colorado, and all of the parties are residents of the state.
PARTIES
4. At all pertinent times mentioned herein, Plaintiff Tamara L. Schlitters was a citizen of the United States of America and a resident of Colorado and is the mother of the late Jeffrey Buller.
5. At all pertinent times mentioned herein, decedent Jeffrey Buller was a citizen of the United States of America and a resident of Colorado.
6. At all pertinent times mentioned herein, Defendant Corrections Corporation of America (CCA), was a company doing business in the state of Colorado and performing the
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traditionally state governmental function of operating a prison through contractual relationships with the City of Burlington and State of Colorado. In its treatment of the decedent, Jeffrey A. Buller, at the Kit Carson Correctional Center, Defendant CCA employed all Defendants who are herein sued in their individual and official capacities. Defendant CCA knew of, supported, adopted, approved and ratified the policy, custom, or practice of ignoring and violating the constitutional rights of the decedent. CCA, a private operator of Kit Carson Correctional Center, is not a healthcare professional or healthcare institution.
7. At all pertinent times mentioned herein, all of the Defendants sued in both their individual and official capacities were employed by CCA, and were acting within the scope of their official duties and their employment, and under color of state law.
FACTUAL BACKGROUND
8. Decedent Jeffrey A. Buller suffered from a serious medical condition known as hereditary angioedema, which can cause episodes of swelling in various parts of the body, including the airways of the throat, if left untreated. However, the dangerous aspects of angioedema can be controlled effectively with the medication Winstrol (a steroid-like drug which costs approximately $35 per month). During his incarceration, Mr. Buller had been taking Winstrol which had been administered by CCA pursuant to the orders of medical personnel.
9. While incarcerated at Kit Carson Correctional Center (KCCC), Winstrol was prescribed and administered to Jeffrey Buller by CCA staff, who knew of the seriousness of his medical condition and its potentially fatal nature. In the several weeks prior to Mr. Buller’s death, he was repeatedly assured his prescription would be refilled throughout his stay and that he would be provided at least a thirty day supply of Winstrol when he left Kit Carson. On or
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about April 1, 2001, Mr. Buller was informed that he was to be paroled on or about May 2, 2001. Pursuant to CCA’s written policies and procedures, CCA personnel should have reordered and obtained a new supply of Winstrol for Mr. Buller on or before April 14, 2001. However, it was not reordered, despite Mr. Buller’s repeated requests that clinic staff obtain the crucial medication. Mr. Buller’s supply of Winstrol ran out on or about Saturday, April 21, 2001.
10. On information and belief, from each day after April 21, 2001 until his death, Mr. Buller repeatedly went to the medication receiving line and pleaded with CCA medical staff for the Winstrol that he needed.
11. In addition, on April 21, 2001, when his prescription for Winstrol ran out, Mr. Buller went to the KCCC medical clinic and requested that his prescription be refilled immediately. On information and belief, Mr. Buller stressed the necessity of the having Winstrol to control his potentially life-threatening condition. The nurse on duty at the KCCC clinic that day, Defendant P. BRIDGES, L.P.N., telephoned the on-call doctor, DR. KLINER, for instructions regarding Mr. Buller’s medication. DR. KLINER informed NURSE BRIDGES to give Mr. Buller 5 mg. of the drug, Prednisone, once each day for three days until Winstrol could be reordered. Prednisone is absolutely ineffectual in treating Hereditary Angioedema. NURSE BRIDGES gave Mr. Buller a 5 mg dose of Prednisone. She then told Mr. Buller to return to the clinic on Monday, April 23, 2001 to see if his Winstrol prescription had been refilled.
12. Winstrol was not ordered on either April 21 or 22, 2001. Nor is there any indication in his medical record that Mr. Buller was given Prednisone on April 22, 2001.
13. Mr. Buller returned to the KCCC clinic on April 23, 2001, where Defendant L. HENDRICKS, N.P., was on duty. NURSE HENDRICKS noted in Mr. Buller’s medical record
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that Winstrol was not currently available in the pharmacy’s “house” stock and that it would have to be reordered.
14. Winstrol was not ordered on either April 23 or 24, 2001. Nor is there any indication in his medical file that Mr. Buller was given Prednisone on April 24, 2001.
15. A notation by NURSE HENDRICKS in Mr. Buller’s medical file on April 25, 2001 indicates that the clinic was unable to get Winstrol and that Mr. Buller was to continue to receive Prednisone until he could be seen by DR. GARLICK. There is no indication in his medical file that Mr. Buller was given Prednisone on April 25, 2001.
16. On information and belief, DR. GARLICK saw Mr. Buller on either April 25 or 26, 2001 at the KCCC clinic. Mr. Buller reported recent episodes of swelling in his throat. The doctor noted in Mr. Buller’s medical record that there was insufficient time to obtain Winstrol before Mr. Buller was scheduled to leave KCCC. DR. GARLICK further noted that the receiving unit was to be notified that Mr. Buller needed Winstrol. The doctor continued the prescription for Prednisone and Dr. Garlick ordered Hendricks and staff to get Winstrol immediately for Mr. Buller.
17. On information and belief, CCA staff persons did not obtain Winstrol for Mr. Buller because it could be obtained only in 30-day lots. Since Mr. Buller was scheduled to be released on or about May 2, 2001, CCA did not want to pay for a 30-day supply of the medication and CCA did not wish to incur the additional cost of approximately $35 for the Winstrol they would have had to order when Mr. Buller was only going to be at the facility for another ten days. Cost-cutting in the medical department had become a major concern for CCA. Indeed, CCA employee Defendant ROGER BROWNFIELD, who was reputedly in charge of
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medical administration at KCCC, was named employee of the month for his cost-cutting efforts in the KCCC medical department for the month of April 2001. On information and belief, in the days following April 25 and 26, 2001, Mr. Buller returned almost daily to the KCCC medical clinic with complaints of a swollen feeling in his throat. His voice became raspy. He also had difficulty swallowing food and liquids. He repeatedly informed the clinic staff that the Prednisone was not working and that he needed Winstrol. He literally begged staff to obtain help for him, however, the clinic staff made no effort to obtain Winstrol for him. They also failed to examine him or to send him to get medical treatment outside KCCC. Defendants also knowingly delayed his treatment by deciding to allow Mr. Buller to remain at KCCC without Winstrol until his release.
18. On or about May 1, 2001, Mr. Buller continued to have great difficulty swallowing and talking. His throat was visibly swollen. While he was in his cell packing in preparation for his impending release, Mr. Buller’s breathing became very labored. He pushed the call button in his cell to alert staff that he needed help. He also grabbed his throat and motioned to his cellmate that he could not speak. He wrote on a pad of paper that he could not breath. Mr. Buller’s cellmate began pushing the call button, banging on the cell door, and shouting for help. As much as a half hour to forty-five minutes passed before unit staff responded.
19. On information and belief, unit staff had the practice of turning on the intercom in an empty cell in order to cut off calls from inmates in occupied cells, thereby preventing inmates in occupied cells from “bothering” unit staff with calls.
20. On information and belief, when the responsible unit staff person, Defendant KIM SAULTER, finally responded to Mr. Buller’s cellmate’s calls for help, Defendant NURSE IRBY
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was summoned for assistance. NURSE IRBY slowly walked down the long hall to Mr. Buller’s cell and brought no medical equipment with her. When she arrived and learned that there was an actual medical emergency, NURSE IRBY again slowly walked back to the medical clinic to get medical equipment.
21. On information and belief, Mr. Buller’s face began to turn blue upon NURSE IRBY’S departure and he was on the verge of passing out. Defendants OFFICER PLUNKETT, LIEUTENANT MILLER, CAPTAIN HOLMES, and OFFICER KOONTZ then tried to help him out of the unit, whereupon Mr. Buller began to lose consciousness. The officers then lifted Mr. Buller up and began running with him down the hall. Lieutenant Miller shouted, “Don’t drop him!” Upon information and belief, Mr. Buller was attempting to put his own finger into his throat in order to open up his breathing passages. At some point, the officers carrying Mr. Buller dropped him.
22. When emergency medical treatment personnel finally arrived at the scene, Mr. Buller was not breathing and had no carotid pulse. Attempts to revive him were futile. Mr. Buller died shortly thereafter.
23. The autopsy report indicates that Mr. Buller died of asphyxiation caused by hereditary angioedema.
24. In an effort to save approximately $35, the defendants’ actions were the proximate cause of over a week of physical and mental suffering for Mr. Buller, and ultimately, were the cause of his death, as well as CCA’s further intentional refusal to render appropriate medical care upon observing his ever worsening condition. Jeffrey Buller’s mother, Plaintiff TAMARA SCHLITTERS, has suffered tremendous emotional distress and economic loss due to the
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Defendant’s negligent, intentional, knowing, reckless, and wanton disregard for the obviously serious medical condition of Jeffrey Buller.
FIRST CLAIM FOR RELIEF
(§ 1983 Eighth Amendment Violation – Failure to Provide Medical Care and Treatment)
(Against All Defendants)
25. Plaintiff incorporates all other paragraphs of this Complaint for purposes of this claim.
26. At all times relevant to the allegations in this complaint, Defendants acted or failed to act under color of state law.
27. Defendants are persons under 42 U.S.C. § 1983.
28. Defendants had a custom, policy, or practice of acting knowingly and with deliberate indifference in denying obviously necessary medications, medical services, and hospitalization to inmates at KCCC, including Mr. Buller.
29. Defendants BROWNFIELD, BRIDGES, and HENDRICKS all knew of Mr. Buller’s potentially life-threatening medical condition. They also knew that Winstrol was the prescribed medication for controlling hereditary angioedema, that Mr. Buller had repeatedly requested Winstrol in the last couple of weeks before his death, and that the drug they substituted, Prednisone, was both not an acceptable substitute for Winstrol, or at the very least was not working for Mr. Buller. Nevertheless, with deliberate indifference to Mr. Buller’s Eighth Amendment constitutional right to be free of cruel and unusual punishment, these Defendants made no effort to obtain Winstrol for him either before his supply ran out or afterwards. Defendants also failed to examine, treat and care for Mr. Buller’s worsening condition and failed to send Mr. Buller for treatment outside Kit Carson. They did so despite his
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obvious serious medical needs, placing him at risk of substantial physical harm.
30. When Mr. Buller pressed the call button in his cell for medical assistance, Defendants SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS acted with deliberate indifference to Mr. Buller’s obviously serious medical need and Eighth Amendment rights in failing to obtain and provide emergency medical treatment for him in a timely and appropriate fashion.
31. The acts or omissions all Defendants, including but not limited to BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS were conducted within the scope of their official duties and employment.
32. The acts or omissions all Defendants, including but not limited to BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS were the legal and proximate cause of Mr. Buller’s injuries and death.
33. Defendant CCA, both on its own and through its physicians and administrator, ROGER BROWNFIELD, had an official policy, custom, or practice that was deliberately indifferent to Mr. Buller’s Eighth Amendment rights.
34. Defendant CCA’s unconstitutional policies, customs or practices, as described herein, was the legal and proximate cause of Mr. Buller’s injuries and death.
35. The acts or omissions of each Defendant caused Mr. Buller damages in that he suffered extreme physical and mental pain during the approximately ten days leading up to his death and especially during his final hour.
36. The actions of Defendants CCA, BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS as described
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herein intentionally deprived Mr. Buller of the securities, rights, privileges, liberties, and immunities secured by the Constitution of the United States of America, and caused him other damages.
SECOND CLAIM FOR RELIEF
(§ 1983 Eighth Amendment Violation – Failure to Train and Supervise)
(Against Defendant CCA)
37. Plaintiff incorporates all other paragraphs of this Complaint for purposes of this claim.
38. Administration, management and operation of a prison are traditionally state functions.
39. Defendant CCA was under contract with the Colorado Department of Corrections (DOC), an entity of the State of Colorado, to administer, manage and operate the Kit Carson Correctional Facility and to house DOC inmates.
40. Defendant CCA hired Defendant BROWNFIELD as the KCCC Medical Department Administrator, knowing Mr. BROWNFIELD had inadequate experience and training in the administration of a medical unit.
41. Given Defendant BROWNFIELD’S inexperience and lack of training in medical unit administration and that CCA knew that the failure to properly administer the medical unit, including procuring appropriate inmate medications, could be life-threatening to inmates with serious medical conditions, it was foreseeable there would be safety, civil rights and administrative violations at the KCCC medical unit.
42. Defendant CCA, therefore, had reason to believe that hiring Defendant BROWNFIELD would create an unreasonable risk of harm to KCCC inmates.
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43. Defendant CCA failed to adequately train or supervise or terminate the employment of Defendant BROWNFIELD even though it knew, or had reason to know, that his failure to adequately administer the KCCC medical unit was likely to be the cause of the deprivation of an inmate’s Eighth Amendment rights.
44. Defendant CCA knowingly hired individuals, including Defendants BROWNFIELD, HENDRICKS, BRIDGES, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS, who did not possess the requisite training and experience to properly operate and administer the medical unit at KCCC and respond appropriately to medical emergencies.
45. Defendant CCA failed to properly train and supervise the individuals CCA hired to operate and manage the medical unit and respond to medical emergencies.
46. Defendant CCA knew, or had reason to know, that Defendants BROWNFIELD, HENDRICKS, BRIDGES, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS would fail to adequately operate and administer the medical unit and respond appropriately to medical emergencies, violating inmates’ Eighth Amendment rights.
47. Defendant CCA maintained a deliberate indifference to the obvious serious medical needs of Mr. Buller, knowing that potentially fatal consequences could be suffered by Mr. Buller by failing to properly hire, train and supervise its employees. CCA could have and should have pursued reasonable methods for the training and supervising of such employees, but failed to do so.
48. Defendant CCA’s policies, customs, or usages in failing to properly train and supervise its employees were the moving forces and proximate cause of the violation of Mr.
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Buller’s Eighth Amendment rights.
49. The acts or omissions of Defendant CCA caused Mr. Buller damages in that he suffered extreme physical and mental pain during the two weeks leading up to his death and especially during his final hour.
50. The actions of Defendant CCA as described herein intentionally deprived Mr. Buller of the securities, rights, privileges, liberties, and immunities secured by the Constitution of the United States of America, and caused him other damages.
THIRD CLAIM FOR RELIEF
(State Law Claim for Negligent Medical Care and Treatment)
(Against All Defendants)
51. Plaintiff incorporates all other paragraphs of this Complaint for purposes of this claim.
52. Defendants CCA, BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS had a duty to provide reasonable medical care and treatment to inmates at KCCC, including Mr. Buller.
53. Defendants CCA, BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS breached their duty of care and were negligent when they failed to provide Mr. Buller with reasonably obtainable and necessary medication and emergency medical treatment.
54. Defendants BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS, at all times relevant hereto, were employees of Defendant CCA.
55. Defendants BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY,
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PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS acted on their own behalf and on behalf of Defendant CCA when they committed the acts giving rise to the claims against them contained in this Complaint.
56. CCA is legally responsible to claimants for any harm caused by employees acting on its behalf.
57. Because Defendants BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS acted not only on their own behalf, but also on behalf of Defendant CCA when they committed wrongful acts against Mr. Buller and the Plaintiff, Defendant CCA is liable to Plaintiff for the harm caused by those actions.
58. Defendants’ negligence proximately caused Mr. Buller significant physical and mental pain and suffering and other damages in the final two weeks of his life.
59. Defendants’ negligence proximately caused Tamara Schlitters significant pain, suffering, grief, loss of comfort and society, and other damages arising from the suffering and ultimate death of Mr. Buller.
FOURTH CLAIM FOR RELIEF
(State Law Claim for Negligent Hiring, Training, and Supervision)
(Against Defendant CCA)
60. Plaintiff incorporates all other paragraphs of this Complaint for purposes of this claim.
61. Defendant CCA had a duty to exercise reasonable care in the hiring training, and supervision of its employees in a manner that provided the inmates under CCA’s care with reasonable medical care and treatment.
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62. Defendant CCA knew or should have known that the employees it hired, including Defendants BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS, lacked adequate training and experience to provide KCCC inmates with reasonable medical care and treatment.
63. Defendant CCA, because it knew or should have known of the lack of supervision, experience and training among its employees, also had reason to know that its employees were likely to harm KCCC inmates in need of medications and prompt medical treatment, including Mr. Buller.
64. In failing to exercise reasonable care in the hiring, training, and supervision of its employees relative to their ability to provide reasonable medical care and treatment, Defendant CCA was negligent.
65. The negligence of the Defendant CCA proximately caused Mr. Buller significant physical and mental pain and suffering and other damages in the final two weeks of his life.
66. Defendants’ negligence has proximately caused Tamara Schlitters significant pain, suffering, grief, loss of comfort and society, and other damages arising from the suffering and ultimate death of Mr. Buller.
FIFTH CLAIM FOR RELIEF
(State Law Claim for Outrageous Conduct)
(Against All Defendants)
67. Plaintiff incorporates all other paragraphs of this Complaint for purposes of this claim.
68. The failure of Defendants BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS to provide reasonable
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medical care and treatment to Mr. Buller constituted omissions or acts of extreme and outrageous conduct.
69. Defendants BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS engaged in such outrageous conduct recklessly or with the intent of causing Mr. Buller’s mother, Plaintiff Tamara Schlitters, severe emotional distress.
70. Defendants BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS, at all times relevant hereto, were employees of Defendant CCA.
71. Defendants BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS acted on their own behalf and on behalf of Defendant CCA when they committed the acts giving rise to the claims against them contained in this Complaint.
72. CCA is legally responsible to claimants for any harm caused by employees acting on its behalf.
73. Because Defendants BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS acted not only on their own behalf, but also on behalf of Defendant CCA when they committed wrongful acts against Mr. Buller and the Plaintiff, Defendant CCA is liable to Plaintiff for the harm caused by those actions.
74. Defendants’ outrageous conduct caused Plaintiff to suffer severe emotional distress.
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SIXTH CLAIM FOR RELIEF
(State Law Claim for Wrongful Death under C.R.S. § 13-21-202)
(Against All Defendants)
75. Plaintiff incorporates all other paragraphs of this Complaint for purposes of this claim.
76. Defendants BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS, at all times relevant hereto, were employees of Defendant CCA.
77. Defendants BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS acted on their own behalf and on behalf of Defendant CCA when they committed the acts giving rise to the claims against them contained in this Complaint.
78. CCA is legally responsible to claimants for any harm caused by employees acting on its behalf.
79. Because Defendants BROWNFIELD, BRIDGES, HENDRICKS, SAULTER, IRBY, PLUNKETT, MILLER, HOLMES, KOONTZ, and LOOMIS acted not only on their own behalf, but also on behalf of Defendant CCA when they committed wrongful acts against Mr. Buller and the Plaintiff, Defendant CCA is liable to Plaintiff for the harm caused by those actions.
80. Plaintiff, as the mother of Mr. Buller, suffered and continues to suffer economic and non-economic damages due to Defendants’ negligent conduct toward her son, including but not limited to economic damages for funeral expenses and financial losses due to the financial benefits she would have reasonably expected to receive from her son had he lived, and non-
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economic damages for grief, loss of her son’s companionship, impairment in the quality of her life, inconvenience, pain and suffering, and extreme emotional stress.
81. Defendants’ negligent conduct, was attended by circumstances of malice, or willful and wanton conduct, which Defendants must have realized was dangerous, was done heedlessly and recklessly, without regard to the consequences to Mr. Buller and the Plaintiff.
82. Defendants’ conduct constituted a felonious killing under C.R.S. §§ 13-21-203 and 15-11-803, such that there shall be no statutory limitation on damages available herein to Plaintiff.
SEVENTH CLAIM FOR RELIEF
(State Law Claim for Violation of Colorado Consumer Protection Act)
(Against CCA)
83. Plaintiff incorporates all other paragraphs of this Complaint for purposes of this claim.
84. CCA engaged in deceptive trade practices within the meaning of the Colorado Consumer Protection Act, Colo. Rev. Stat. § 6-1-101, et seq., when it deceptively represented for economic gain: (1) that it complied with all state rules and regulations as to medical treatment; (2) that its standards for medical treatment were equal to or better than that of DOC prisons; (3) that its staff was adequately and fully trained for their positions; and (4) that all CCA prisons were adequately staffed.
85. The deceptive practices alleged herein occurred in the course of CCA’s business and significantly impact the public as actual or potential consumers of Defendants’ services via CCA’s contract with the State of Colorado.
86. Plaintiff Schlitters, in both her individual capacity and as personal representative to
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Mr. Buller suffered an injury in fact to her and Mr. Buller’s legally protected interest in Mr. Buller’s health and safety.
87. Defendant CCA’s deceptive trade practices caused Plaintiff significant injury.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in her favor and against the Defendants, and grant:
(a) Appropriate declaratory and other injunctive and/or equitable relief;
(b) Compensatory and consequential damages, including damages for emotional distress, humiliation, loss of enjoyment of life, and other pain and suffering on all claims allowed by law in an amount to be determined at trial;
(c) All economic losses on all claims allowed by law;
(d) Punitive damages on all claims allowed by law and in an amount to be determined at trial;
(e) Attorneys fees and the costs associated with this action on all claims allowed by law;
(f) Pre- and post-judgment interest at the lawful rate.
(g) Any further relief that this court deems just and proper, and any other relief as allowed by law.
PLAINTIFF REQUESTS A TRIAL TO A JURY ON ALL ISSUES SO TRIABLE.
Dated this ____ day of March, 2003.
KILLMER & LANE, LLP
________________________________________
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David A. Lane
KILLMER & LANE, LLP
1543 Champa St., Ste. 400
Denver, CO 80202
(303) 571-1000
(303) 571-1001 (fax)
________________________________________
James L. Gillies
The Law Office of James L. Gillies, P.C.
26697 Pleasant Park Road, #220
Conifer, Colorado 80433
(303) 838-2500
Attorneys for Plaintiff
Plaintiff’s address:
24790 County Road 44
Trinidad, CO 81082

Recent signatures

    News

    1. More Support Needed

      Net-Hetep Ta'Nesert
      Petition Organizer

      Dear Supporter (s), I only wish that I had some very good news to report but the truth is I don't. The Truth is is that we need to get our numbers up so we can really make an impact with petition. Not signatures from over here or over there and then pull them all together. No, we need 10,000 signatures to come from just one source and/or petition. There more the better to make a statement. We must do our part as best that we can. I know we can make a difference that at least Dr. Malachi Kobina York will hear and know about from his torture cell.
      So, please continue to share this petition. We can do this!

      Peace/Blessings
      Net-Hetep Ta'Nesert
      Dallas, TX

    2. Reached 500 signatures
    3. Medical Parole is Good for Texas

      Net-Hetep Ta'Nesert
      Petition Organizer

      ACLU has a petition circulating in Texas that deals with Medical Paroles and how it shouldn't be a political consideration but better yet a Medical consideration.
      This should be an encouragement to all of the supporters of this petition that no matter how difficult it is to obtain a Medical Parole it shouldn't hinder the potential the secure a Medical Transfer for Dr. Malachi York which should in turn result to a Medical Parole.
      So, please everyone keep sharing our petition with others. This is an important year for us to reach our 10,000 signature goal.
      Thanks for everyone's continued support.

      Peace/Blessings
      Net-Hetep Ta'Nesert

    4. Limited Writing Privileges Still Ongoing/9,616 signatures still needed

      Net-Hetep Ta'Nesert
      Petition Organizer

      It's another year or New Year and Dr. York's limited writing privileges are still ongoing. The signatures
      have increased slowly. However, we still need 9,616 signatures to make a strong showing of support for the Medical Transfer request for Dr. York. Each year since the beginning of this petition, he remains imprisoned in a facility that can't offer him the special medical attention he needs from time to time due to his rare disease Angio Edema. We really need to keep sharing this petition with everyone to get the signatures up and reach our goal as soon as possible this year. Inspite of the challenges we face in doing our best to acquire these signatures so we can take it to the next level, let's remember he faces horrible and uncertain challenges each day that his medical needs aren't sufficiently met.
      If anyone has any ideas as to how we can get more signatures, please leave me a comment at: http://www.facebook.com/atyeb.atumre

      God bless.

      Net-Hetep Ta'Nesert

    5. Limited Writing Privileges Still Ongoing

      Net-Hetep Ta'Nesert
      Petition Organizer

      Please know that the writing and receiving privileges of mail to Dr. York is still limited to only his immediate family members and some close friends. However, we must still work effortlessly towards our goal of 10,000 signatures to aide in the request of his immediate Medical Transfer to a better medical facility until his release.

    6. Federal Bureau of Prisons-Requesting Medical Transfers

      Net-Hetep Ta'Nesert
      Petition Organizer

      Being informed and educating ourselves about the procedures required to obtain a medical transfer is what the information in this document is potentially supposed to provide some information on. Legal advice is always an included aide as well. Remember this is a combined effort. So lets keep our fact finding minds on the hunt for the answers. Change will only come as long as we remain consistent and persistent in our endeavors.
      Medical Transfer For Malachi K York is still needed. Let's not stop until we achieve our goal.

      Thanks to everyone who has signed this petition and is bold enough to share it with others.

      Peace/Blessings
      Net-Hetep Ta'Nesert

    7. Reached 250 signatures
    8. Our petition has received 53 signatures this week.

      Net-Hetep Ta'Nesert
      Petition Organizer

      Thank you everyone!!! Let's keep us the good work and continue to circulate this petition until we reach our 10,000 signature goal...peace to u all

      sis-Star Net-Hetep
      aka Atyeb

    9. Worldwide Earth Day Celebration for Dr. Malachi K. York:

      Net-Hetep Ta'Nesert
      Petition Organizer

      Come One and ALL --Participate and Celebration Dr. Malachi K. York's earth day (birthday)...this is a WORLDWIDE HAPPENING--LET'S GET HIM TRANSFERRED AND FREED THIS YEAR. REMEMBER WE CAN REACH THE 10,000 SIGNATURE GOAL. THANKS EVERYONE! pEACE

    10. Net-Hetep Ta'Nesert
      Petition Organizer

      Greetings and thanks to everyone who has signed this petition! However, our quest isn't done until we reach our 10,000 signature goal. I'm asking all of us to dig deep and continue to circulate this petition by posting it often on your websites, emailing it to family, friends and associates-OFTEN.
      Meanwhile, please keep him in your prayers.

      Gratefully yours,
      Net-Hetep Ta'Nesert
      Dallas, Tx.

    11. Net-Hetep Ta'Nesert
      Petition Organizer

      BLACK LAWYERS Call on Obama Administration to Free All U.S. Political Prisoners

      Posted by KAMAU SHAKUR on May 19, 2011 at 4:59pm in ACTIVISM

      BLACK LAWYERS Call on Obama Administration to Free All U.S. Political Prisoners

      The National Conference of Black Lawyers (NCBL) urges the U.S. to apply international human
      rights standards to protect, and ensure the rights of political prisoners.
      NCBL presented the plight of the political prisoners in the United States to the United Nations’
      Human Rights Council in a cluster report as well as an individual report documenting the human
      rights violations related to U.S. political prisoners. NCBL welcomed the U.S. participation in
      the Universal Periodic Review (UPR) process as an important step toward protecting human
      rights at home. In addition to human rights violations of the political prisoners, there are many
      areas that need significant improvement in the U.S. As part of the UPR process, dozens of
      human rights groups submitted reports documenting the scale and extent of human rights
      violations in the U.S. In preparation for a November meeting before the HRC, the U.S.
      submitted a report in August to the Human Rights Council (“HRC”) on its efforts to strengthen
      human rights commitments and to comply with international human rights standards. The U.S.
      failed to mention the plight of political prisoners who have languished in U.S. prisons for
      decades. In the compilation of civil society reports submitted to the HRC in October, the U.S.
      was urged to free its political prisoners.
      On November 5, 2010, the U.S. appeared before the HRC and engaged in an interactive
      dialogue with other countries of the HRC, as well as other member states in a review of the
      United States’ human rights compliance. During this interactive review the political prisoner
      issue was raised by member states. After the review the HRC adopted a report with 228
      recommendations, including recommendations concerning political prisoners, for the U.S.
      government to improve the status of human rights in the country. On November 9, 2010, the U.S.
      published its “Response to Recommendations” of the HRC. Again, the U.S. neglected to address
      the human rights violations committed by its FBI that resulted in the wrongful imprisonment of
      dozens of African-American political activists and others.
      While the United States consistently denies the existence of political prisoners, these individuals
      were ensnared in the grips of the United States’ repressive Counter-intelligence Program
      (COINTELPRO) operation as activists who dared to challenge the status quo of America’s harsh
      treatment of black people. Many of these activists were members of organizations such as the
      Black Panther Party, and were not content to remain silent in a system of de facto slavery, but
      demanded human rights in many areas, including quality education, healthcare, and an end to
      rampant police violence against black people. Groups such as the Black Panther Party were
      targets of government surveillance under COINTELPRO and members were harassed, beaten,
      falsely arrested and prosecuted in a system bloated with contempt for them and their righteous
      causes. They were sentenced to unreasonably lengthy prison terms. In cases where death
      sentences were not imposed, the parole boards, through their actions in repeatedly denying
      parole, are making certain that they will die in prison. Hence this well-oiled machine continues
      to operate against political prisoners in America.
      A Congressional subcommittee, popularly known as the “Church Committee”, was formed to
      investigate and study the FBI’s covert action programs. In its report, the Church Committee
      concluded that the FBI had “conducted a sophisticated vigilante operation aimed squarely at
      preventing the exercise of First Amendment rights of speech and association, on the theory that
      preventing the growth of dangerous groups and the propagation of dangerous ideas would protect
      the national security and deter violence.”
      Even if one were to grant credibility to the FBI’s stated reason for its violations of these
      prisoners’ constitutional and human rights, there exists no justification for their continued
      incarceration.
      These political prisoners are now elderly. There is overwhelming statistical support for the fact
      that the rate of recidivism for elderly prisoners is virtually nonexistent. Also, several have died
      while incarcerated due to lack of health care. Governors across this country are unwilling to
      grant clemency to political prisoners. Parole boards reserve “special treatment” for them, no
      matter how exemplary their institutional adjustment and impressive the evidence is for successful
      re-entry into society once released. The United States’ failure to recognize them does not make
      their existence any less real. The United States’ continued refusal to acknowledge the evidence
      of their existence is itself a violation of their human rights. These prisoners’ human rights were
      not only violated by the operations of COINTELPRO and their subsequent arrests and
      convictions. Their human rights continue to be violated as prisoners with convictions for crimes
      of the same or less seriousness are released on parole. Given this evidence coupled with their
      exemplary records while incarcerated, it is absolutely beyond dispute that their treatment stems
      from the fact of their past political association. This treatment of political prisoners is prohibited
      by the Convention to End All Forms of Racism and Discrimination (CERD).
      The United States has no moral authority to chastise other governments for human rights
      violations until it addresses its human rights violations including the atrocious treatment of
      political prisoners. In March, 2011, the HRC will hold its regular session for the formal adoption
      of the U.S. outcome document. Thus, the U.S. still has an opportunity to address this critical
      issue.
      The National Conference of Black Lawyers in coalition with other organizations will continue to
      expose this national shame until the United States acknowledges it and takes steps to address it.

      --
      In Unity and Struggle,

      Visit:

      http://www.ushrnetwork.org
      http://navigatingthestorm.blogspot.com

      http://www.youtube.com/user/kaliakuno

      http://www.facebook.com/kali.akuno
      --
      SIGN THE JERICHO COINTELPRO PETITION!

      Free All Political Prisoners!
      nycjericho@gmail.com

    12. Reached 100 signatures
    13. Net-Hetep Ta'Nesert
      Petition Organizer

      Greetings Everyone and thank you for your continued support. Dr. York's writing privileges as far as I know are still being denied due to outside chaos. Please remember that when his privileges are restored be careful of the things you say because they punish him for anything said in our letters that they disapprove of. Please continue to circulate this petition. So far we have 96 signatures. Surely, we can do better thank this for someone who has given so much of himself to humanity.

      Thanks again and Peace.

      Net-Hetep Ta'Nesert
      Dallas, Tx

    14. Net-Hetep Ta'Nesert
      Petition Organizer

      Dr Malachi K. York has led a life of positive leadership in his community. As a spiritual teacher who has been teaching for over 35 years, Mr. York emerged out of the civil rights movement and chose to assist in the empowerment of African people worldwide. He is the author of over 400 books on race relations, religion, and the plight of “African Americans” in America and prior to their bondage. His objective was and has always been to empower and improve the mentality of the youth in an effort to encourage them to be productive and beneficial to the society in which they live.

      Mr. York’s literature has positively influenced many people including major recording Artists, Jay-Z, Musiq Soulchild, Erykah Badu, and India Arie, to name a few. He was awarded the Key to the City in Brooklyn, New York by former Mayor Ed Koch, as well as awards and acclaim from the former Mayors of Macon, and Augusta Georgia. He has built a church, school and clinic in his country of legal residence, Liberia, Monrovia. His school is called the Amen Institute.

      Mr. York made his Declaration of Intent to become a Liberian Citizen on July 12th, 1997 within the courts of Montserrado County in the Republic of Liberia and was appointed as a Diplomat on December 15th, 1999 by the former President Dr. Charles Ghankay Taylor. His Citizenship and Diplomatic status of Consul General are still honored and recognized under Her Excellency President Ellen Sirleaf Johnson. Malachi York expatriated himself when he made his Declaration of Intention to the Republic of Liberia on July 12, 1999. Malachi K. York moved to Eatonton, Georgia in 1993 where he purchased approximately 400 acres of land with the intent of building an Egyptian-styled theme park, museums and lecture halls. Shortly after beginning construction he encountered racism, intimidation and adversity from public officials, as they unfairly refused to grant him zoning rights. Though he continued his efforts toward building the amusement park, his victimization was so extreme, it lead him to the decision to relinquish his American Citizenship and begin the planning process toward rebuilding in another land, Africa.

      After six consecutive years of litigation and public support, he was finally awarded all of the zoning permits required to complete his vision, but the harassment didn’t end there.

      On May 8th 2002, Federal agents alongside state and local law enforcement besieged and executed a raid on the 400 acres. Mr. York, not present on the property was arrested in Eatonton on charges of transporting minors across state lines for the purpose of sex, and later for racketeering and money structuring. This arrest, without due process was an orchestrated attempt to overshadow and consequently destroy his credibility as an author, teacher, and humanitarian.

      Most witnesses and alleged victims, some of which were children, were threatened and coerced by FBI agents some at gun point, to make false allegations and statements against Mr. York. This is supported by the affidavits and recantations by these witnesses and alleged victims. The prosecutions’ key witness also recanted.

      Five children who were taken into custody during the raid on the 400 acres, and named in the indictment as alleged victims, were examined and found to have never been molested. This fact was made known during a Juvenile custody trial represented by Attorney Janice Mathis of the Rainbow Push Coalition who went on to win the case because the claim of molestation had no merit. This took place prior to the trial against Malachi York. This fact alone should have caused the trial against Mr. York to be dismissed, as the children and the only alleged victims that were under the age of 18, were proven never molested. Of the remaining 8 alleged victims, most recanted their statements by way of written affidavits, and were all over the age of 18 at the time of trial. A total of 8 of the 13 alleged victims actually testified on Mr. York’s behalf during the trial.

      The actual trial against Mr. York (see 5:02-CR-27-CAR) was presided over by Chief Judge Charles Ashley Royal of the United States District 13 Court for the Middle District of Georgia, Macon Division. Judge Royal failed to recuse himself after it was discovered that he represented Oconee Regional Hospital in Georgia as the hospitals attorney in a law suit against Mr. York’s Common-Law family. In this particular case, Mr. York’s father in law Eli Richardson whom resided at the 400 acre property, died after a sponge was left in him during surgery. The family sought damages and compensation for such malpractice which resulted in a favorable legal outcome for the family though the life of their love one could never be replaced. This again, was prior to Mr. York’s trial, thereby rendering Chief Judge Charles Ashley Royal as partial and in conflict of interest pursuant to 28 USC § 455.

      All of the transcripts of the trial were sealed-hidden from the public along with the plethora of injustices and lack of due process of the law committed against Mr. York. During the trial Consul General Malachi York was denied access to media, and a law library which is his constitutional right. Judge Royal also refused to recognize Malachi York’s diplomatic status as Consul General and his Nationality as a Indigenous Soveriegn being, which Malachi York stated “on the record” on several occasions.

      When he fired the Garland Firm as defense counsel (due to ineffective assistance of counsel) during a hearing on December 30th 2003, Mr. York was forced by Judge Royal to keep the discharged counsel as advisor to his new attorney Adrian Patrick. Patrick had been Mr. York’s attorney for a mere 3 weeks prior to this and Judge Charles Ashley Royal refused to give Consul General Mr. York an extension for his newly hired attorney to properly prepare his brief. The record shows the Report and Recommendation from the Magistrate Judge on the § 2255 motion, more specifically a Constitutional Habeas Corpus (Case#: 5:07-CV-90001-CAR/5:02-CR-27-CAR as agreeing to this Judicial Misconduct where he states:

      “After being extended the opportunity to re-think his position, Mr. York ‘officially fired’ Mr. Garland and Mr. Aurora, ‘for the record’.” Id. at 17, 18.

      However, the court advised Mr. Aurora that he was not released, but would remain in the hearing to advise Mr. Patrick, if Mr. Patrick needed advice. Id. at 18”.

      Further displaying his partiality and racist conduct, Judge Royal continued his persecution of Mr. York by holding court on Martin Luther King’s Holiday on January 19th, 2004 which is a legal public holiday pursuant to 5 USC § 6103 and in violation of the Federal Rules of Criminal Procedure Rule 56 which states that: NO COURT SHALL BE HELD ON A STATUTE HOLIDAY.

      Project: Rise Up along with fellow concerned citizens worldwide are currently seeking help in this matter to objectively look at all of the facts of this case; Facts that prove Mr. York’s innocence and the U.S courts never having jurisdiction to try this matter. Assistance is sought in the case of Mr. York by receiving fair media attention as well as public support to stand up on behalf of Justice.

    15. Net-Hetep Ta'Nesert
      Petition Organizer

      An urgent update: Dr. Malachi York's writing privileges have been suspended for 6 months due to outside influences.
      Please continue to encourage others to support this petition.
      Thanks everyone. Together we can get him transferred to a better medical facility...peace

    Supporters

    Reasons for signing

    • Frederick mcghee FAIR PLAIN, MI
      • over 1 year ago

      Because his a teacher of mine and his

      Old.

      REPORT THIS COMMENT:
    • Anthony Montgomery DECATUR, GA
      • over 1 year ago

      An innocent man is being tortured. The least that could happen is he is moved to a facility that can treat his medical condition.

      REPORT THIS COMMENT:
    • rick titus MISSISSAUGA, ONTARIO, CANADA
      • over 1 year ago

      This man is the most important man in the world, period!

      REPORT THIS COMMENT:
    • Drew M. HARRISBURG, PA
      • over 1 year ago

      Having served time, I also received poor treatment. Last year, poor medical treatment killed my Father in a PA State Prison. I feel for Dr. York, and know his situation to be real. It happens all the time. I hope my signature helps a little.

      REPORT THIS COMMENT:
    • Lona Baptist BROOKLYN, NY
      • over 1 year ago

      He needs more than a medical transfer, he needs to be out! he is innocent!

      REPORT THIS COMMENT:

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