IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. ___________
MARK TRAXLER,
Plaintiff,
v.
SHERIFF BRETT POWELL, in his official and individual capacities;
DEPUTY SHERIFF MAX ARILLIANA, in his official and individual capacities;
NURSE CASEY WILLIAMS;
HEALTH CARE PARTNERS SYSTEMS, LLC;
Defendants.

COMPLAINT AND JURY DEMAND

Plaintiff, by and through his attorneys, David A. Lane and Danielle Jefferis of KILLMER,
LANE & NEWMAN, LLP, hereby brings this Complaint and alleges as follows:
INTRODUCTION
1.

This is an action by Mark Traxler, an inmate at the Logan County Jail in Sterling,

Colorado. Mr. Traxler alleges that on or about March 18, 2013, after suffering excruciating pain
from an abscessed molar since March 1, 2013, Defendant jail Nurse Casey William, an employee
of Health Care Partners Foundation which contracts with the jail for medical services, along with
Deputy Sheriff Max Arilliana approached him with a pair of dirty, rusty pliers and a roll of gauze
and told him to go back to his unit and have some of the fellas help him with a tooth extraction.

2.

In desperation from the pain of the untreated tooth, Mr. Traxler prevailed upon

several other inmates, including Big Jake (not a dentist), Dillon Stewart (not a dentist), Jacob
Neilson (not a dentist) and others (not dentists) to give it their best shot. While inmate Gilbert
San Miguel (not a dentist) was pulling the tooth, the pliers slipped, the tooth broke but was not
extracted, and the pliers slammed into and broke a second tooth while Mr. Traxler screamed in
agony. This procedure resulted in three separate abscesses all of which were treated with
nothing more than ibuprofen and antibiotics. Finally, after filing grievance after grievance, on
April 30, 2013, almost a month and a half after the extraction attempt and a full two months
from the inception of the abscess in the tooth, Mr. Traxler was taken to an actual dentist who
extracted two teeth and he finally had relief from the unbelievable pain he had been experiencing
for two months.
JURISDICTION AND VENUE
3.

This action arises under the Constitution and laws of the United States and is

brought pursuant to 42 U.S.C. 1983.

4.

Jurisdiction is conferred on this Court pursuant to 28 U.S.C. 1331. Jurisdiction

supporting Plaintiffs claim for attorneys fees and costs is conferred by 42 U.S.C. 1988.
5.

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 were
residents of the State at the time of the events giving rise to this litigation.

PARTIES
Plaintiff:
6.

At all times pertinent hereto, the Plaintiff, Mark Traxler, was a citizen of the

United States of America and a resident of the State of Colorado, and confined in the Logan
County Jail.
Defendants:
7.

At all times relevant to the subject matter of this litigation, all Defendants were

citizens of the United States and residents of Colorado. At all relevant times, all Defendants were
acting under color of state law.
8.

Defendant Sheriff Powell is the sheriff of Logan County, Colorado, with overall

responsibility for establishing customs, practices and policies for the medical care of all inmates
and staff at the county jail. He is also responsible for all training and supervision of the entire
staff of the jail having the responsibility to either directly insure that appropriate medical care is
given to all of the prisoners in custody or to train and supervise those medical care givers and
other staff responsible for insuring an inmates medical needs were being met.
9.

Defendant Arilliana was a deputy sheriff who was in charge of insuring that the

serious medical needs of the inmates within his custody and control were attended to
appropriately.
10.

Defendant Nurse Casey Williams, an employee of Defendant Health Care

Partners Systems, Inc. was responsible for assessing the medical needs of inmates at the Logan
County jail and insuring that appropriate medical care was rendered to them.

11.

Defendant Health Care Partners Systems, Inc. is a private corporation which

contracts with the Logan County jail through the Sheriff to provide trained medical staff and
adequate and constitutionally mandated medical care to the inmates incarcerated at the jail,
including Plaintiff Traxler.
FACTUAL ALLEGATIONS
12.

During all relevant time periods Mark Traxler is and was an inmate within the

Logan County Jail.

13.

On or about March 1, 2013, Mr. Traxler developed an abscess in a molar. The

infection was becoming more painful with each passing day so Mr. Traxler continually requested
treatment from a dentist to treat the infection and pain medication for his severe and increasing
pain.
14.

Despite numerous requests for medical attention, Mr. Traxler received none and

despite his continual requests for effective pain medication, jail staff would provide Mr. Traxler
with nothing but ibuprofen.
15.

By approximately March 18, 2013, Mr. Traxler was virtually unable to eat due to

the pain in his mouth. He had been begging for dental treatment and pain relief for over two
weeks to no avail.
16.

Approximately on March 18, 2013, Defendants Casey Williams and Deputy Max

Arilliana approached Mr. Traxler in one of the common areas of the jail. At that time, they
presented him with a pair of rusty pliers and a roll of gauze, essentially instructing him that if he
wanted any relief for his unendurable pain, he would have to take steps to extract his own tooth
back in the unit, without any assistance from any trained dental personnel.

17.

Feeling desperate from the unending pain he was experiencing, with no medical

help to be provided, Mr. Traxler took the pliers and gauze back to his unit where he prevailed
upon several other inmates to assist him in an effort to extract his infected tooth.
18.

Approximately four inmates held Mr. Traxler down while one other inmate began

to attempt to extract the tooth with the pliers. The tooth, however, was not cooperating with the
untrained efforts of the inmate and it was not coming out. More force was applied by the inmate
when suddenly, instead of coming out, the tooth broke off at the root. This caught the extracting
inmate by surprise and because he was applying significant force to the task, the pliers quickly
slammed into another tooth and broke that tooth off simultaneously with the infected tooth
leaving Mr. Traxler screaming in agony with two broken teeth.
19.

Bleeding profusely, Mr. Traxler again begged staff to be taken to a dentist and

again he was refused.

20.

From March 18, 2013 through April 30, 2013, Mr. Traxler submitted innumerable

kites seeking medical attention, all of which were denied.

21.

From March 18, 2013 through April 30, 2013, Mr. Traxler suffered from

abscesses on three different occasions. To the credit of the medical staff, they at least gave him
antibiotics to fight off the potentially deadly infections, but they would not take him to the
dentist for extractions or provide him with any effective pain medication beyond ibuprofen.

CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF
(1983 Eighth Amendment Violation - Failure to Provide Medical Care and Treatment)
(Against All Defendants)
22.

Plaintiff hereby incorporates all other paragraphs of this Complaint as if fully set

forth herein.
23.

At all times relevant to the allegations in this Complaint, Defendants acted or

failed to act under color of state law.

24.

At all times relevant to the allegations in this Complaint, Defendants knew or

should have known of Mr. Traxlers excruciatingly painful and possibly life-threatening medical
condition.
25.

Nevertheless, with deliberate indifference to Mr. Traxlers constitutional right not

to be denied necessary medical care, protected under the Eighth Amendment to the United States
Constitution, Defendants failed to examine, treat and care for Mr. Traxlers worsening condition
and failed to send him for treatment. They did so despite their knowledge of Mr. Traxlers
serious medical needs, placing him at risk of substantial physical harm and excruciating pain.
26.

The acts or omissions of all Defendants were conducted within the scope of their

official duties and employment.

27.

The acts or omissions of all Defendants were the legal and proximate cause of Mr.

Traxlers injuries.
28.

The acts or omissions of each Defendant caused Mr. Traxler damages in that he

suffered extreme physical and mental pain during the time period described in this Complaint.
The actions or inactions of Defendants as described herein intentionally deprived Mr. Traxler of
6

his right to be free of cruel and unusual punishment and of rights, privileges, liberties, and
immunities secured by the Constitution of the United States of America, and caused him other
damages.
29.

As the elected Sheriff, Defendant Powell determines policy for the county.

30.

It was the custom, practice and/or policy of Sheriff Powell to render inadequate

professional medical care to inmates such as Plaintiff who had serious dental issues.
31.

On information and belief Traxler was repeatedly informed by the defendants that

taking him to a dentist, or having a dentist timely deal with his pain was simply too expensive
and Powell would not authorize any such treatment.
32.

Given the policy outlined above, Defendant Powell has exhibited deliberate

indifference to the serious medical needs of Mr. Traxler and it was a matter of official custom,
practice and policy to ignore these kinds of medical needs.
SECOND CLAIM FOR RELIEF
(1983 Eighth Amendment Violation - Supervisory Liability for
Failure to Train and Supervise)
(Against Defendant Powell)
33.

Plaintiff hereby incorporate all other paragraphs of this Complaint as if fully set

forth herein.
34.

Defendant Powell had a duty to train and supervise correctional officers, medical

staff, and mental health staff in order to ensure the safety and well being of prisoners confined at
the facility.
35.

Defendant Powell failed to discharge these duties.

36.

Powell acted in deliberate indifference to Traxlers serious medical needs in

failing to adequately train and supervise correctional officers, medical staff, and mental health
staff.
37.

Powells failure to properly train and supervise his subordinate employees was a

moving force and proximate cause of the violation of Mr. Traxlers constitutional rights.
38.

The acts or omissions of the Defendant Powell caused Mr. Traxler damage in that

he suffered from extreme physical and mental pain during the months the infection ravaged him.
The actions and inactions of Defendant Powell as described herein deprived Mr. Traxler of the
rights, privileges, liberties, and immunities secured by the Constitution of the United States of
America, and caused him other damages.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their
favor and against Defendants, and grant:
(a)

Appropriate relief at law and equity;

(b)

Declaratory relief and other appropriate equitable relief;

(c)

Economic losses on all claims allowed by law;

(d)

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;

(e)

Punitive damages on all claims allowed by law and in an amount to be determined

at trial;

(f)

Attorneys fees and the costs associated with this action, including expert witness
fees, on all claims allowed by law;

(g)

Pre- and post-judgment interest at the highest lawful rate;

(h)

Any further relief that this Court deems just and proper, and any other relief as
allowed by law.

PLAINTIFFS HEREBY DEMAND A JURY TRIAL ON ALL ISSUES SO TRIABLE.

Dated this 17th day of February, 2015.
KILLMER, LANE & NEWMAN, LLP
_s/ David A. Lane________________
David A. Lane
KILLMER, LANE & NEWMAN, LLP
1543 Champa Street, Suite 400
Denver, Colorado 80202
(303) 571-1000
dlane@kln-law.com
ATTORNEY FOR PLAINTIFF