FILED: MONROE COUNTY CLERK 12/02/2019 01:17 PM INDEX NO.

E2019011291
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.

Receipt # 2283003

Book Page CIVIL

Return To: No. Pages: 22

MICHAEL A. BOTTAR
1300 AXA Tower II Instrument: EFILING INDEX NUMBER
120 Madison Street
Syracuse, NY 13202 Control #: 201912020927
Index #: E2019011291

Date: 12/02/2019

JAMES, JUANITA Y. Time: 2:46:17 PM

MONROE COUNTY
MONROE COUNTY SHERIFF'S OFFICE
MONROE COUNTY SHERIFF
MONROE COUNTY JAIL SUPERINTENDENT
DOE, JOHN

State Fee Index Number $165.00

County Fee Index Number $26.00
State Fee Cultural Education $14.25
State Fee Records $4.75 Employee: RR
Management

Total Fees Paid: $210.00

State of New York

MONROE COUNTY CLERK’S OFFICE

WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.

ADAM J BELLO

MONROE COUNTY CLERK

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STATE OF NEW YORK

SUPREME COURT COUNTYOF MONROE

JUANITA Y. JAMES, as Administratrix of the Estate of SITARAH

DANIELS, deceased,
Plaintiff,
-against-
SUMMONS

Index No.:

MONROE COUNTY
39 W. Main NY Plaintiff designates
Street, Rochester, 14614,
Monroe County as

MONROE COUNTY SHERIFF'S OFFICE the place of trial

130 S. Plymouth NY based upon the

Avenue, Rochester, 14614,
residence of a

MONROE COUNTY SHERIFF TODD K. BAXTER defendant.

130 S. Plymouth Avenue, Rochester, NY 14614,

MONROE COUNTY JAIL SUPERINTENDENT RONALD HARLING

130 S. Plymouth Avenue, Rochester, NY 14614,

JOHN DOE MONROE COUNTY SHERIFF'S DEPUTIES 1-6

Addresses Unknown,

PRIMECARE MEDICAL OF NEW YORK, INC.

3940 Locust Lane, Harrisburg, PA 17109

Z
us KARA HAYDANEK CAPELLUPO, R.N.
130 S. Plymouth Avenue, Rochester, NY 14614,

JOHN DOE HEALTHCARE PROVIDERS 1-5

Addresses Unknown,
Defendants.

To the above named Defendant(s):

°g

YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, if the complaint is not served with this summons, to
serve a notice of appearance, on the plaintiff's attorney(s) within Twenty (20) days after

the service of this summons, exclusive of the day of service (or within Thirty 30 days

after the service is complete if this summons is not personally delivered to you within

the State of New York); and in case of your failure to appear or answer, judgment will be

taken against you by default for the relief demanded in the complaint.

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o

Dated: December ___, 2019 BOTTAR L LL

By: Michael A. Bottar, Esq.

o Attorney for Plaintiff

1300 AXA Tower II

120 Madison Street

Syracuse, NY 13202
T: (315) 422-3466
F: (315) 422-4621
Email: mab@bottarlaw.com

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STATE OF NEW YORK

SUPREME COURT COUNTYOF MONROE

JUANITA Y. JAMES, as Administratrix of the Estate of SITARAH

DANIELS, deceased'
COMPLAINT

Plaintiff'
Index No.
-against-

MONROE COUNTY; MONROE COUNTY SHERIFF'S OFFICE;

MONROE COUNTY SHERIFF TODD K. BAXTER; MONROE
COUNTY JAIL SUPERINTENDENT RONALD HARLING; JOHN DOE
MONROE COUNTY SHERIFF'S DEPUTIES 1-6; PRIMECARE
MEDICAL OF NEW YORK, INC.; KARA HAYDANEK CAPELLUPO,
R.N.; and JOHN DOE HEALTHCARE PROVIDERS 1-5;

Defendants.

Plaintiff, JUANITA Y. JAMES, as Administratrix of the Estate of SITARAH

DANIELS, deceased, by and through her attorney, Bottar Law, PLLC, complaining of

the defendants, alleges as follows:

1. She resides at 521 Chili Avenue, Spt. 7, Rochester, New York.

8
2. She is the biological mother of Sitarah Daniels, the decedent.

3. At the time of her death, the plaintiff's decedent was the biological mother

of two (2) minor children: I.D.H. (DOB: XX-XX-2007) and Z.D. (DOB: XX-XX-2003).

4. On November 18, 2019, the plaintiff was appointed Administratrix of the

decedent's estate by the Hon. John M. Owens, Surrogate, Monroe County Surrogate's

Court.

5. Upon information and belief, at all times relevant to this complaint, the

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defendant, MONROE COUNTY ("County") was a domestic municipal corporation

organized and existing by virtue of the laws of the State of New York, with a main office

located at 39 W. Main Street, Rochester, NY 14614.

6. Upon information and belief, at all times relevant to this complaint, the

defendant, MONROE COUNTY SHERIFF'S OFFICE ("MCSO") was a department or

division of the County organized and existing by virtue of the laws of the State of New

York, with a main office located at 130 S. Plymouth Avenue, Rochester, NY 14614.

7. Upon information and belief, at all times relevant to this complaint, the

defendant, MONROE COUNTY SHERIFF TODD K. BAXTER ("Sheriff Baxter") was the

8
Monroe County Sheriff, with a principal place of business located at 130 S. Plymouth

Avenue, Rochester, NY 14614.

8. Pursuant to Correction Law section 500-c, at all times relevant to this

complaint, Sheriff Baxter had a duty to receive and safely keep prisoners in the Monroe

County Jail "(MCJ"), including the plaintiff's decedent, over which he had custody.

9. Upon information and belief, at all times relevant to this complaint, the

defendant, MONROE COUNTY JAIL SUPERINTENDENT RONALD HARLING

("Superintendent Harling") was the Superintendent of the MCJ, with a principal place of

business located at 130 S. Plymouth Avenue, Rochester, NY 14614.

10. Upon information and belief, at all times relevant to this complaint, the

defendant, JOHN DOE MONROE COUNTY DEPUTY 1 ("Doe Deputy 1") was a deputy

4"'
employed by the MCSO and/or County, who was working on floor of the MCJ during

2nd
the platoon shift on September 4, 2018.

o 11. Upon information and at all times relevant to this complaint, the
belief,

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defendant, JOHN DOE MONROE COUNTY DEPUTY 2 ("Doe Deputy 2") was a deputy

4th
employed by the MCSO and/or County, who was working on flOOr of the MCJ during

2nd
the platOOn shift on September 4, 2018.

12. Upon information and belief, at all times relevant to this complaint, the

defendant, JOHN DOE MONROE COUNTY DEPUTY 3 ("Doe Deputy 3") was a deputy

4th 2nd
employed by the MCSO and/or County, who was on flOOr of the MCJ during the

platoon shift on September 4, 2018.

13. Upon information and belief, at all times relevant to this complaint, the

R_ defendant, JOHN DOE MONROE COUNTY DEPUTY 4 ("Doe Deputy 4") was a deputy

4th
employed by the MCSO and/or County, who was working on flOOr of the MCJ during

2nd
the platOOn shift on September 4, 2018.

14. Upon information and belief, at all times relevant to this complaint, the

defendant, JOHN DOE MONROE COUNTY DEPUTY 5 ("Doe Deputy 5") was a deputy

employed by the MCSO and/or County, who was working in the MCJ central command

2nd
during the piatOOn Shift on September 4, 2018.
Z
15. Upon information and belief, at all times relevant to this complaint, the
8
defendant, JOHN DOE MONROE COUNTY DEPUTY 6 ("Doe Deputy 6") was a deputy

employed by the MCSO and/or County, who was working in the MCJ central command

2nd
during the platOOn shift on September 4, 2018.
Z
16. Upon information and belief, at all times relevant to this complaint, Sheriff

Baxter, Superintendent Harling, Doe Deputy 1, Doe Deputy 2, Doe Deputy 3, Doe

Deputy 4, Doe Deputy 5 and Doe Deputy 6 were acting pursuant to and in furtherance

of their duties as officers, agents and/or employees of the County and/or MCSO and,

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therefore, the County and/or MCSO is vicariously liable for the acts of omission and/or

commission of Sheriff Baxter, Superintendent Harling, Doe Deputy 1, Doe Deputy 2,

Doe Deputy 3, Doe Deputy 4, Doe Deputy 5 and Doe Deputy 6.

17. Upon information and belief, at all times relevant to this complaint, the

County and/or MCSO had a statutory obligation to indemnify Sheriff Baxter,

Superintendent Harling, Doe Deputy 1, Doe Deputy 2, Doe Deputy 3, Doe Deputy 4,

Doe Deputy 5 and Doe Deputy 6.

18. Upon information and belief, at all times relevant to this complaint, the

defendant, PRIMECARE MEDICAL OF NEW YORK, INC. ("PMONY") was a domestic

business corporation organized and existing by virtue of the laws of the State of New

York, with a headquarters and/or principal executive office located at 3940 Locust Lane,

Harrisburg, PA 17109.

19. Upon information and belief, at all times relevant to this complaint,

PMONY provided medical and/or mental health services to MCJ inmates, including the

plaintiff's decedent, pursuant to a contract between PMONY and the County and/or

yi MCSO and/or MCJ.

20. Upon information and belief, at all times relevant to this complaint, the

defendant, KARA HAYDANEK CAPELLUPO, R.N. ("Capellupo") was a registered nurse

duly licensed to practice by the State of New York, with a principal place of business
Z
located at 130 S. Plymouth Avenue, Rochester, NY 14614
a

21. Upon information and belief, on or about November 14, 2007, the New

York State Education Department took action against Cape!!upo's New York nursing

license (number 640016) for medication administration errors, resulting in a one (1) year

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stayed suspension, and one (1) year of probation.

22. Upon information and belief, at all times relevant to this complaint,

Cape!!upo rendered medical and/or mental health care and treatment to the plaintiff's

decedent at MCJ, from August 8, 2018 through and including September 4, 2018,

thereby establishing a provider-patient relationship.

23. Upon information and belief, at all times relevant to this complaint, the

defendant, JOHN DOE HEALTHCARE PROVIDER 1 ("Doe Healthcare Provider 1") was

a health care provider who rendered medical and/or mental health care and treatment to

R_ the plaintiff's decedent at MCJ, from August 8, 2018 through and including September

4, 2018, thereby establishing a provider-patient relationship.

24. Upon information and belief, at all times relevant to this complaint, the

defendant, JOHN DOE HEALTHCARE PROVIDER 2 ("Doe Healthcare Provider 2") was

a health care provider who rendered medical and/or mental hesith care and treatment to

the plaintiff's decedent at MCJ, from August 8, 2018 through and including September

4, 2018, thereby establishing a provider-patient relationship.

25. Upon information and belief, at all times relevant to this complaint, the

defendant, JOHN DOE HEALTHCARE PROVIDER 3 ("Doe Healthcare Provider 3") was

a health care provider who rendered medical and/or mental health care and treatment to

the plaintiff's decedent at MCJ, from August 8, 2018 through and including September

4, 2018, thereby establishing a provider-patient relationship.

26. Upon information and belief, at all times relevant to this complaint, the

defendant, JOHN DOE HEALTHCARE PROVIDER 4 ("Doe Healthcare Provider 4") was

a health care provider who rendered medica! and/or mental health care and treatment to

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the plaintiff's decedent at MCJ, from August 8, 2018 through and including September

4, 2018, thereby estab!!shing a provider-patient relationship.

27. Upon information and belief, at all times relevant to this complaint, the

defendant, JOHN DOE HEALTHCARE PROVIDER 5 ("Doe Healthcare Provider 5") was

a health care provider who rendered medical and/or mental health care and treatment to

8 the plaintiff's decedent at MCJ, from August 8, 2018 through and including September

4, 2018, thereby establishing a provider-patient relationship.

28. Upon information and belief, at all times relevant to this complaint,

Capellupo, Doe Healthcare Provider 1, Doe Healthcare Provider 2, Doe Healthcare 3,

Doe Healthcare Provider 4, and Doe Healthcare Provider 5, were acting pursuant to and

in furtherance of their duties as officers, agents and/or employees of the County and/or

MCSO and/or PMONY and, therefore, the County and/or MCSO and/or PMONY is/are

vicariously liable for the acts of cmission and/or commission of Capellupo, Doe

Healthcare Provider 1, Doe Healthcare Provider 2, Doe Healthcare 3, Doe Healthcare

Provider 4, and Doe Healthcare Provider 5.

29. Upon information and belief, at all times relevant to this complaint, the

County and/or MCSO had a contractual and/or statutory obligation to indemnify

Cape!!upo, Doe Healthcare Provider 1, Doe Healthcare Provider 2, Doe Healthcare 3,

Doe Healthcare Provider 4, Doe Healthcare Provider 5, and/or PMONY.

Z
30. Upon information and belief, the amount in controversy exceeds the

jurisdictional limitations of all lower courts.

FACTS COMMON TO ALL CLAIMS

31. On August 8, 2018, the plaintiff's decedent entered the custody of the

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Monroe County Sheriff's Office (MCSO") as an un-arraigned inmate at the MCJ.

32. Upon information and belief, on August 9, 2018, the plaintiff's decedent

had a known medical history and mental health history of anxiety, depression,

polysubstance abuse, schizoaffective disorder, trauma, abuse, psychiatric

hospitalizations and suicide attempts, including a prior suicide attempt with a bedsheet

inside of the MCJ on October 27, 2015.

33. Upon information and belief, on August 9, 2018, the plaintiff's decedent

supervision,"
was placed on "constant which is another name for a suicide watch.

supervision"
34. Upon information and belief, "constant at the MCJ involves

observation 24 hours a day by a deputy stationed outside of the cell with the ability to

immediately intervene should an inmate need medical attention.

35. Upon information and belief, on August 10, 2018, MCSO staff noted that

Ms. Daniels was unable to talk, walk or think correctly, and also that she appeared to be

minimizing her constant observation status.

36. Upon information and belief, on August 10, 2018, the plaintiff's decedent's

mental health was evaluated by an officer, agent and/or employee of the MCSO and/or
o
PMONY.

37. Upon information and belief, after the mental health eva!uation, the

0; plaintiff's decedent's constant supervision status was continued.

38. Upon information and belief, on August 12, 2018, the plaintiff's decedent

declined to speak with staff and/or medical personnel and remained on constant

-
supervision.

39. Upon information and belief, on August 13, 2018, Ms. Daniels was

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"cleared"
improperly from constant supervision status, meaning that she was no longer

on suicide watch.

40. Upon information and belief, the plaintiffs decedent's displayed increased

"dramatic"
anxiety and, according to one witness, a change in her behavior in the days

leading up to her court appearance scheduled for September 4, 2018

41. Upon information and belief, on September 4, 2018, the plaintiff's

decedent was transported from the MCJ for a court appearance.

42. Upon information and belief, after a court appearance on September 4,

2018, the plaintiff's decedent was transported back to the MCJ and returned to general

4th High."
population in cell number 25, along a flOOr Cell block called "4 West
RI
43. Upon information and belief, the plaintiff's decedent was not placed on

constant observation after the September 4, 2018 court appearance.

44. Upon information and belief, the plaintiff's mental health was not assessed

after she returned from the September 4, 2018 court appearance.

45. Upon information and belief, on September 4, 2018, there were four (4)

4th
County, MCSO and/or MCJ officers, agents and/or employees working on the flOOr Of

2nd
the MCJ during the platoon Shift.

46. Upon information and belief, on September 4, 2018, there were two (2)

County, MCSO and/or MCJ officers, agents and/or employees assigned to MCJ Central
Z
2nd
Control during the platoon Shift.

47. Upon information and belief, on September 4, 2018, there was a

personnel shortage at the MCJ.

48. Upon information and belief, as result of the personnel shortage, Doe

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4th 2nd
Deputy 1 (bade number 4192) was assigned to the floor for the platOOn Shift,

4th
even though she did not normally work on the flOOr.

49. Upon information and belief, on September 4, 2018, Doe Deputy 1 was

assigned to cell block 4 West High and, as part of her responsibilities that day, was

charged with performing complete watch tours.

50. Upon information and belief, a watch tour is a process whereby a

correctional officer patrols a predetermined route within a prison or jail to observe

prisoners, cell blocks and prisoner common areas and take appropriate action to ensure

prisoñer safety given observations made during the tour.

4th
51. Upon information and belief, during a complete flOOr Watch tour a

deputy should patrol and scan at least ten (10) locations, including:

4th
• flOOr elevator 2,
4th
• floor east hallway,
4th
• fl000 West hallway,
4th
• flOOr elevator 3,
4th
• flOOr east catwalk,
4th
• flOOr West catwalk,
• 4M east hallway,
• 4M west hallway,
• 4M elevator 2, and
• 4M elevator 3.

52. Upon information and belief, on September 4, 2018, the deputy or

4th
deputies responsible for patrolling the floor routinely performed incomplete patrols.

53. Upon information and belief, at or about 14:20 on September 4, 2018, the

4th
plaintiff's decadent was returned to cell #25 on the flOOr.

54. Upon information and belief, on September 4, 2018, Doe Deputy 1

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performed a watch tour from around 14:26 until around 14:40 ("Tour One").

55. Upon information and belief, Tour One was not properly completed.

4th
56. Upon information and belief, Doe Deputy 1 failed to patrol the flOOr

west catwalk during Tour One and, as a result, Doe Deputy one failed to assess the

plaintiff's decedent's well-being during Tour One.

57. Upon information and belief, Doe Deputy 1 then logged that Tour One was

a complete watch tour.

58. Upon information and belief, when Tour One was incornplete, this

produced an alarm in Central Control that was acknowledged by someone.

59. Upon information and belief, one or more individuals in Central Control did

not follow protocol by placing a telephone call or radio communication from Central

4th 4th
Control to a deputy working on the flOOr to patrol the flOOr west catwalk.

60. Upon information and belief, between 14:26 and 14:33, the plaintiff's

decedent can be seen on MCJ camera 276 preparing to hang herself by tying a blanket

to her cell bars.

61. Upon information and belief, at 14:33 the plaintiff's decedent hung herself

from the blanket attached to her cell bars, and can be seen on MCJ camera 276

hanging inside of her cell #25.

62. Upon information and belief, on September 4, 2018, Doe Deputy 1 then

performed a watch tour from around 14:40 until around 14:50 ("Tour Two").

63. Upon information and belief, Tour Two was not properly completed.

4th
64. Upon information and belief, Doe Deputy 1 again failed to patrol the

floor west catwalk during Tour Two and, as a result, Doe Deputy one failed to assess

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the plaintiff's decedent's well-being during the Tour Two.

65. Upon information and belief, Doe Deputy 1 then |ogged that Tour Two was

a complete watch tour.

66. Upon information and belief, when Tour Two was incomplete, this

produced an alarm in Central Control that was acknowledged by someone.

67. Upon information and belief, one or more individuals in Central Control did

not follow protocol by placing a telephone call or radio communication from Central

4th 4th
Control to a deputy working on the floor to patrol the floor WeSt CatWalk.

68. Upon information and belief, at or about 14:57 on September 4, 2018, two

deputies walked past MCJ camera 276 and saw the plaintiff's decedent hanging in her

cell.

69. Upon information and belief, no MCSO staff member patrolled the 4 West

High cell block catwalk between 14:20 and 14:57.

70. Upon information and belief, the blanket the plaintiff's decedent tied to her

cell bars was not cut MCSO staff until 14:58 - her of critical medical care
by depriving

between 14:33 and 14:58 (i.e., twenty-five (25) minute).

71. Upon information and belief, after she was cut down, the plaintiff's

decedent received prolonged cardiopulmonary resuscitation prior to return of

spontaneous circulation, followed by pulseless electrical activity during transport to

Strong Memorial Hospital.

72. Upon information and belief, at or about 19:20 on September 5, 2016,

plaintiff's decedent was pronounced brain dead due to a hypoxic/anoxic brain injury.

73. Upon information and belief, immediately after the plaintiff's decedent's

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Review"
the MCSO comñ7eñced a "Major Incident Review - Administrative
death,

("MIR") into the circumstances of her in-custody death, including an attempt to interview

the deputies working on September 4, 2018.

74. Upon information and belief, two of the deputies working on September 4,

2018 refused to speak with MCSO investigators.

75. Upon information and belief, on September 10, 2018, the New York State

Commission of Correction ("NYSCOC") requested that Sheriff Baxter provide it with a

complete written report on the circumstances of the plaintiff's decedent's death,

including any investigate reports, statements of uniform staff, statements of civilian staff,

and any inmate witness statements and unusual incident report prepared regarding the

incident.

76. Upon information and belief, on October 11, 2018, the findings of the

MCSO MIR were provided to the NYSCOC.

77. Upon information and belief, on October 11, 2018, the findiñÿs of the

MCSO MIR were also provided to Internal Affairs.

78. Upon information and belief, the NYSCOC then commenced an

investigation into the circumstances of the plaintiff's decedent's death and the

investigation is ongoing.

79. Upon information and belief, on December 12, 2018, Sheriff Baxter issued

a written statement to the press, as follows:

"As a result of this tragedy inside our walls, a complete and

thorough internal investigation was conducted, as well as an

ongoing investigation by the New York State Commission of

Corrections. The results of the MCSO Internal Affairs

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investigation prompted me to sustain departmental charges,

impose serious disciplinary measures, take correct actions,
and change policy and procedures where necessary, to
ensure we provide the utmost professional care to all of
facilities."
those house inside our

80. Upon information and belief, on December 12, 2018, Sheriff Baxter also

gave a verbal statement to the press, as follows:

"We met with the mother and the sister and some other

family members right after the incident earlier this year, and
we had to deliver some news that, unfortunately, there was a
death of their loved one inside our jail, which is not a good
thing. During that, I found some errors of our staff. That just
doesn't sit well with them, and I understand that. We
expressed sincerely our condolences and also the fact that I
own it. You know, I am the Sheriff and this is my jail. When
personally."
people get hurt inside the jail I take it very

81. Upon information and belief, as a direct and proximate result of the MCSO

investigation one or more MCSO employees were disciplined, including demotion.

AS AND FOR PLAINTIFF'S FIRST CAUSE OF ACTION

82. Upon information and belief, the defendants were negligent, careless

and/or reckless from August 8, 2018 through September 4, 2018 in that they:

• failed to perform a reasonable and comprehensive screen;

receiving

• failed to obtain appropriate information about the plaintiff's decedent's

medical and/or mental health history;

• failed to request the plaintiff's decedent's mental health records;

timely

• failed to the plaintiff's decedent's prescription medications;

timely verify

• failed to review and act upon information in their possession about the

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plaintiff's decedent's medical and/or mental health history;

• failed to have adequate protocols in place for obtaining, reviewing

and/or acting upon information about the plaintiff's decedent's medical
and/or mental health history;

• failed to and assess the plaintiff's decedent's

timely appropriately
condition and mental health;

• failed to and assess the plaintiff's decedent's

timely appropriately
condition and mental health;

• failed to utilize and/or utilized the New York Model

improperly
Screening Tool;

• failed to utilize and/or utilized the Mental Health

improperly Stability
Rating Scale (MHSR);

• failed to utilize and/or utilized the Columbia Suicide

improperly Severity
Risk Scale (C-SSRS);

• failed to perform comprehensive suicide risk assessments;

• failed to formulate an appropriate treatment plan for the plaintiff's

decedent;

Z
• failed to re-evaluate the plaintiff's decedent's treatment plan;
timely

• cleared the plaintiff's decedent from constant observation

improperly
status (i.e., suicide watch);

• failed to return the plaintiff's decedent to constant observation

timely
status;

• failed to monitor and/or supervise the plaintiff's decedent

adequately
while she was in the custody of the MCSO;

8 • isolated and/or single-celled the plaintiff's decedent;

negligently

• housed the plaintiff's decedent;

improperly

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O

• failed to utilize an anti-suicide blanket;

• failed to observe surveillance video the plaintiff's decedent

showing
suspend herself from a blanket tied to her cell bars;

• watched surveillance the plaintiff's decedent suspend herself

showing
from a blanket tied to her cell bars without intervention;

• deprived the plaintiff's decedent of access to critical medical care;

• subjected the plaintiff's decedent to cruel and unusual punishment;

d
• performed watch tours;
negligently

• performed consecutive watch tours;

improperly

• missed watch tour stations;

• logged the status of watch tours;

inaccurately

• represented that watch tours were complete when were not;

they

• failed to acknowledge alerts activated in Central Command following

incomplete watch tours;

8 • failed to act upon alerts activated in Central Command following

incomplete watch tours;

• failed to acknowledge alerts activated in Central Command following

incomplete watch tours;
Z
• failed to follow about how to respond to alerts activated in
policy
Central Command following incomplete watch tours;

• failed to ensure that the MCJ was overseen by appropriate

administrative staff, including the superintendent;

• failed to hire qualified personnel;

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• failed to train personnel hired;

appropriately

• failed to and supervise personnel;

reasonably appropriately

• retained personnel;
negligently

• failed to staff the MCJ;

appropriately

• created, maintained and/or tolerated a culture of institutional

indifference to professional standards;

• failed to investigate entities hired to provide medical

appropriately
and/or mental health services; and
o

• contracted with entities known to provide substandard

negligently
medical and/or mental health services; and

• were otherwise negligent, careless and reckless under the

circumstances.
la

83. Upon information and belief, as a direct and proximate result of the

negligence, carelessness and recklessness of the defendants, the plaintif s decedent

suffered conscious pain and suffering and mental anguish, fear of death and loss of

Z
enjoyment of life, and sustained severe, permanent and disabling injuries ultimately

resulting in her wrongful death on September 5, 2018, thereby causing pecuniary loss

and all other losses as may be allowable under the Estates, Powers & Trust Law of the

State of New York and under case law of the State of New York for wrongful death,

together with medical bills and/or lost wages.

AS AND FOR PLAINTIFF'S SECOND CAUSE OF ACTION

84. Plaintiff repeats and realleges each and every allegation of the complaint

as if set forth in full here.

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o

85. Upon information and belief, from August 8, 2018 through and including

September 4, 2018, the plaintiff's decedent received negligent medical and/or mental

health care and treatment from one or more of the defendants.

86. Upon information and belief, as a direct and proximate result of the

negligence, carelessness and recklessness of the defendants, the plaintiff's decedent

suffered conscious pain and suffering and mental anguish, fear of death and loss of

enjoyment of life, and sustained severe, permanent and disabling injuries ultimately

resulting in her wrongful death on September 5, 2018, thereby causing pecuniary loss
d
and all other losses as may be allowable under the Estates, Powers & Trust Law of the

State of New York and under case law of the State of New York for wroñÿful death,

together with medical bills and/or lost wages.

AS AND FOR PLAINTIFF'S THIRD CAUSE OF ACTION

87. Plaintiff repeats and resileges each and every allegation of the complaint

as if set forth in full here.

88. Upon information and belief, on September 4, 2018, one or more of the

defendants deprived and/or acted in callous disregard of rights guaranteed to the

plaintiff's decedent by the Constitution of the United States of America.

89. Upon information and belief, as a direct and proximate result of the

5 negligence, carelessness and recklessness of the defendants, the plaintiffs decedent

suffered conscious pain and suffering and mental anguish, fear of death and loss of

R
. enjoyment of life, and sustained severe, permanent and disabling injuries ultimately

resulting in her wrongful death on September 5, 2018, thereby causing pecuniary loss

and all other losses as may be allowable under the Estates, Powers & Trust Law of the

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State of New York and under case law of the State of New York for wrongful death,

together with medical bills and/or lost wages.

WHEREFORE, the plaintiff hereby demands judgment against the defendants in

a fair and reasonable amount as may be awarded by a jury, together with such other

attorneys'
and further relief as the Court may deem just and proper, costs, fees, and

punitive damages.

Dated: December ___, 2019 B TAR L , P C

By: Michael A. ottar, Esq.

Attorney for Plaintiff

1300 AXA Tower II

120 Madison Street

Syracuse, NY 13202
T: (315) 422-3466
F: (315) 422-4621
Email: mab@bottarlaw.com

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STATE OF NEW YORK

SUPREME COURT COUNTY OF MONROE

JUANITA Y. JAMES, as Administratrix of the Estate of

SITARAH DANIELS, deceased,

CERTIFICATE OF MERIT
Plaintiff,
PURSUANT TO CPLR
-against-
SECTION 3012-A

if MONROE COUNTY; MONROE COUNTY SHERIFF'S

Index No.:
OFFICE; MONROE COUNTY SHERIFF TODD K. BAXTER;
MONROE COUNTY JAIL SUPERINTENDENT RONALD
HARLING; JOHN DOE MONROE COUNTY SHERIFF'S
DEPUTIES 1-6; PRIMECARE MEDICAL OF NEW YORK,
INC.; KARA HAYDANEK CAPELLUPO, R.N.; and JOHN
DOE HEALTHCARE PROVIDERS 1-5;

Defendants.

MICHAEL A. BOTTAR, an attorney duly admitted to practice law before the

Courts of the State of New York does hereby affirm the following to be true under the
penalties of perjury:

z I am the attorney for the Plaintiff in this action. I have reviewed the facts of the

case and have consulted with at least one physician licensed to practice medicine, and

who I reasonably bê|ieve is knowledgeable in the relevant issues ed in this action.

I have concluded on the basis of such review and con that there is a

reasonable basis for the commencement of this action.

ÑIICHAEL A. BOTTAR, ESQ.

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