Jeremy Laintz v. Correctional Health Partners LLC, Et. Al.

Case 1:18-cv-02122 Document 1 Filed 08/21/18 USDC Colorado Page 1 of 53
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Action No. 18-cv-2122
JEREMY LAINTZ,
Plaintiff,
v.
CORRECTIONAL HEALTH PARTNERS, LLC

BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO
COLORADO a/k/a “PUEBLO COUNTY”;
KIRK M. TAYLOR, in his official capacity as Pueblo County Sheriff;
ALANA KLASE-FREEMAN, PA individually;
DAVID TESSIER, individually;
BRIANA BOUGHTON, EMT, individually;
STEVE HOLLOWAY, EMT, individually;
SHERRY BACA, EMT, individually;
BRANDI ATENCIO, RN, individually;
TAMEIKA PILLSBURY, RN, individually;
JENNIFER SCOTT, RN, individually;
MONIKA IOVRIC, EMT, individually;
ALISSA PERRY, EMT-P, individually;
KALANI HIJRA, LPN, individually;
VALENTINO GONZALEZ1, individually;
ANDREW WARD, individually;
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Plaintiff has made several inquiries of Pueblo regarding the precise identity of the deputies
working the area of the cell where Jeremy Laintz was housed between October 17 and November
1, 2016, 5B9, as those were the deputies with whom Jeremy Laintz and his cellmates,
communicated about his serious medical needs. Undersigned counsel has made repeated efforts
to ascertain which of these deputies were assigned to that specific area. Representatives of the
parties handling litigation defense for Pueblo have stated that they will not provide any
information pre-litigation. The County Attorney’s office for Pueblo has provided work schedules
for the whole jail, but has not responded to multiple requests with the precise identities of which
deputies were assigned to the area of Mr. Laintz’s cell or which shifts would cover that area.
Given the proximity of the statute of limitations and amount of time anticipated to narrow this
list down through discovery, Plaintiff has prophylactically named the deputies working the dates
in question who were assigned to the 5th floor or to the B dorm based on the understanding that
those areas correspond to Mr. Laintz’s cell on the dates in question and will work with counsel to
narrow these names once an appearance is entered on behalf of these defendants.
MONICA SOSA, individually;

JORDAN LIRA, individually;
JACOB MAHAN, individually;
JACOB WILLIAMS, individually;
GARY MCNEMAR, individually;
[FIRST NAME UNKNOWN] JONES, individually;
W. KEISTER, individually;
RACHEL MARQUEZ, individually;
STEVEN MINOR, individually;
SANTINO PUSEDU, individually;
MIGUEL ZAVALA, individually;
[FIRST NAME UNKNOWN] GARNES, individually;
CASSANDRA GONZALEZ, individually;
RAYMOND MONTIEL, individually;
[FIRST NAME UNKNOWN] STREYLE, individually;
DAVID KIEFER, individually;
[FIRST NAME UNKNOWN] HOLDEN, individually;
MICHAEL GALLARDO, individually;
MICHAEL CHITWOOD, individually;
ALFRED HERRERA, individually;
[FIRST NAME UNKNOWN] MAESTAS, individually;
JOHN SIMMERS, individually;
[FIRST NAME UNKNOWN] WHEELER, individually;
RACHEL VILLARRAEL, individually;
JOE GARCIA, individually;
[FIRST NAME UNKNOWN] SPICER, individually;
[FIRST NAME UNKNOWN] CARDINAL, individually;
RUBEN TRUJILLO, individually;
BREANNA BOND, individually;
STEVE DAWSON, individually;
TROY APPEL, individually;
RYAN SEGURA, individually;
MATHEW GONZALES, individually;
[FIRST NAME UNKNOWN] BERUMAN, individually;
MARY SEELEY, individually;
[FIRST NAME UNKNOWN] GARBISO, individually;
ALEXA KOMORNIC, individually;
[FIRST NAME UNKNOWN] ZERBY, individually;
[FIRST NAME UNKNOWN] REINHARDT, individually;
KAYLA BIERSACK, individually;
DEE COOK, individually;
MICHAEL GARCIA, individually;
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[FIRST NAME UNKNOWN] RAEL, individually;

CHRISTOPHER RANDALL, individually;
MIGUEZ ZAVALA, individually;
[FIRST NAME UNKNOWN] CIRA, individually;
CHRISTOPHER MOLINA, individually;
A. GONZALEZ, individually;
J. LOPEZ, individually;
RICHARD GARDUNO, individually;
WILLIAM LOPEZ, individually;
ALEAH HAWKINS, individually;
GAIL MARTINEZ, individually;
[FIRST NAME UNKNOWN] BACHMAN, individually;
SAM LUNA, individually;
Y. DYNES, individually;
[FIRST NAME UNKNOWN] MAES, individually;
[FIRST NAME UNKNOWN] ATTEBERRY, individually;
[FIRST NAME UNKNOWN] SEGGERMAN, individually;
GEORGE VASQUEZ, individually;
MELISSA BUCHANAN, individually;
JUSTIN SHREWSBURY, individually;
CAMILANN BACA, individually;
C. ESPINOZA, individually;
TYLER OWENS, individually;
SCOTT MOORE, individually;
BRADLEY PAINE, individually;
ASHLEY GRAFF, individually;
DAVID ARGUELLO, individually;
JACOB BOOKOUT, individually;
CANDICE BEGGS, individually;
CHRISTINE MARROQUIN, individually;
[FIRST NAME UNKNOWN] WILLIAM, individually;
[FIRST NAME UNKNOWN] DELEON, individually;
S. GONZALES, individually;
B. RUIZ-FERNANDEZ, individually;
MARY KAY DEVERICH, individually;
M. MASCARENAS, individually;
[FIRST NAME UNKNOWN] BLAN, individually;
[FIRST NAME UNKNOWN] DUARTE, individually;
[FIRST NAME UNKNOWN] DUPLESSIS, individually;
ANNA CIORDIA, individually;
Defendants.
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_____________________________________________________________________________
COMPLAINT AND JURY DEMAND
Plaintiff, by and through his attorneys, HOLLAND, HOLLAND EDWARDS & GROSSMAN,
PC, complains against Defendants and request a trial by jury as follows:
I. INTRODUCTION
1. Jeremy Laintz was a 37-year-old inmate at the Pueblo County Detention Center
who had an obviously serious medical condition that turned into a life-threatening illness.
2. Health care workers and deputies knowingly ignored and disregarded his
worsening condition and symptoms for weeks, which included intense pain, inability to breathe,
walk, or eat, abnormal vital signs, and other emergent symptoms. Mr. Laintz had a treatable
infection but health care workers openly treated his life-threatening symptoms as fake while he
grew increasingly sick and near death.
3. The Health Services Administrator at the jail told Mr. Laintz’s very concerned
parents that he was faking his inability to breathe because he just wanted a “trip out” of the jail,
and that there was nothing actually medically wrong with him. Hours after the Health Services
Administrator asked Mr. Laintz’s family to tell their son to stop faking his illness, Mr. Laintz
succumbed to the weight of his untreated infection and began to crash, causing deputies to finally
override the medical team and send him to the hospital.
4. By that time, Plaintiff was in severe septic shock, acute renal and respiratory
failure, and had to be intubated. Mr. Laintz was so close to death that St. Mary Corwin Hospital
transported him by Flight for Life to St. Anthony Hospital in Denver.
5. As a direct result of the complained of conduct, Mr. Laintz spent over a month in
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critical care, thereafter requiring months of inpatient rehabilitation. He lost significant portions of
his lung and portions of six toes, had a heart valve replacement, suffered severe bed sores,
required a tracheostomy tube, a feeding tube, and is now permanently disabled.
II. JURISDICTION AND VENUE
6. This action arises under the Constitution and laws of the United States, including
Article III, Section 1 of the United States Constitution and 42 U.S.C. § 1983 and 42 U.S.C. §
1988. The Jurisdiction of this Court is further invoked pursuant to 28 U.S.C. §§ 1331, 1343,
2201.
7. This case is instituted in the United States District Court for the District of
Colorado pursuant to 28 U.S.C. §1391 as the judicial district in which all relevant events and
omissions occurred and in which Defendants maintain offices and/or reside.
8. Supplemental pendent jurisdiction is based on 28 U.S.C. §1367 because the
violations of federal law alleged are substantial and the pendent cause of action derives from a
common nucleus of operative facts.
9. The state law claim in this matter is brought against a private corporation and
therefore no notice of claims was required under the Colorado Governmental Immunity Act
(“CGIA”).
III. PARTIES
10. At all times pertinent hereto, Jeremy Laintz, was a resident of the State of
Colorado and a citizen of the United States of America.
11. The Defendant Board of County Commissioners of the County of Pueblo,
Colorado a/k/a “Pueblo County” is a governmental entity chartered under the laws of the State of
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Colorado. Among other things, Pueblo County operates the Pueblo County Detention Center,
located at 909 Court St., Pueblo, CO 81003. The Pueblo County Detention Center (hereinafter
“the jail” or “Pueblo County jail”) is a jail that confines pre-trial detainees and convicted
prisoners.
12. The Defendant Board of County Commissioners for the County of Pueblo
represents, oversees, and sets policy for Pueblo County Colorado. The Board also contracted
with Defendant Correctional Health Partners, LLC (“CHP”) to provide health care to the inmates
at the jail. Under COLO. REV. STAT. § 30-11-105, the Board of Pueblo County Commissioners is
the proper party in an action against Pueblo County.
13. Defendant Kirk Taylor, in his official capacity, is the Pueblo County Sheriff and
is a final policymaker for Pueblo County with respect to all matters concerning the Pueblo
County Sheriff’s office and all of its divisions, including the Pueblo County Detention Center.
14. BOCC and Sheriff Taylor are collectively referred to herein as “Pueblo County”
or “Pueblo County Defendants.”
15. Pueblo County Defendants are sued for their own deliberately indifferent policies,
practices, habits, customs, procedures, training and supervision of staff with respect to the
provision of medical care and treatment for inmates. Pueblo County also contracted with one or
more private individuals and corporate entities to provide medical care and other services to its
population of pre-trial detainees and post-conviction prisoners. Although the County sought to
privatize the provision of healthcare services to these individuals and for profit businesses, it has
a non-delegable duty to provide constitutionally adequate care, cannot contract away its
constitutional obligation, and is legally liable for the challenged deliberately indifferent policies,
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practices and for the deliberately indifferent medical care and treatment of persons detained in
the Pueblo County Detention Center, including Plaintiff, by its contractors, their agents and
employees.
16. The intent of paragraphs 17 is to identify all corporate entities with which Pueblo
County contracted and/or with which subcontracts were made, to provide medical care and/or
mental health services to inmates at the Pueblo County Detention Center during the period in
question.
17. Defendant Correctional Health Partners, LLC, is a Colorado corporation with its
principal office and registered agent, Geoffrey Archambeau, located at 1125 17th St., Suite 1010,
Denver, CO 80202.
18. Defendant CHP contracts with Pueblo County to provide medical services to its
inmates and supervises and implements such care. Upon entering into contracts or subcontracts
to provide medical and/or other services to Pueblo County inmates, CHP assumed public
functions, acted under color of state law, and is legally responsible to comply with all
requirements of the United States Constitution.
19. Defendant CHP is a proper entity to be sued under 42 U.S.C. § 1983 for its
deliberately indifferent policies, practices, habits, customs, procedures, training and supervision
of staff with respect to the provision of medical care and treatment for inmates.
20. Defendant CHP is also properly sued for negligence under state law, as it is a
private corporation and not entitled to immunity under the CGIA.
21. At all times relevant hereto, Defendant PA Alana Klase-Freeman was a citizen of
the United States and a resident of Colorado. Defendant Klase-Freeman was an agent, employee,
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and/or subcontractor of Defendant CHP and was responsible for providing medical care to
Jeremy Laintz during his detention. At all material times, this Defendant was acting under color
of state law.
22. At all times relevant hereto, Defendant David Tessier, was a resident of Colorado
and a citizen of the United States of America. As the Health Services Administrator, Defendant
Tessier was an agent, employee, and/or subcontractor of Defendant CHP and was responsible for
providing medical care to Jeremy Laintz during his detention. At all material times, this
Defendant was acting under color of state law.
23. The intent of this paragraph is to identify each health care worker who
participated in medpass in the area of Mr. Laintz’s cell at the time (5B#9) from October 17 to
November 1, 2016. Based on information provided by counsel for CHP, the following is a
complete list of health care workers participating in medpass in the area that Mr. Laintz was
housed on those dates: Sherry Baca, EMT, Briana Boughton, EMT, Steve Holloway, EMT,
Monika Iovric, EMT, Alissa Perry, EMT-P, Kalani Hijra, LPN, Brandi Atencio, RN, Tameika
Pillsbury, RN, Jennifer Scott, RN.
24. At all times relevant hereto, Defendant EMT Briana Boughton, was a resident of
Colorado and a citizen of the United States of America. Defendant Boughton was an agent,
employee, and/or subcontractor of Defendant CHP and was responsible for providing medical
care to Jeremy Laintz during his detention. At all material times, this Defendant was acting under
color of state law.
25. At all times relevant hereto, Defendant EMT Steve Holloway, was a resident of
Colorado and a citizen of the United States of America. Defendant Holloway was an agent,
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color of state law.
26. At all times relevant hereto, Defendant EMT Sherry Baca, was a resident of
Colorado and a citizen of the United States of America. Defendant Baca was an agent, employee,
of state law.
27. At all times relevant hereto, Defendant RN Brandi Atencio, was a resident of
Colorado and a citizen of the United States of America. Defendant Atencio was an agent,
color of state law.
28. At all times relevant hereto, Defendant RN Tameika Pillsbury, was a resident of
Colorado and a citizen of the United States of America. Defendant Pillsbury was an agent,
color of state law.
29. At all times relevant hereto, Defendant RN Jennifer Scott, was a resident of
Colorado and a citizen of the United States of America. Defendant Scott was an agent, employee,
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of state law.
30. At all times relevant hereto, Defendant EMT Monika Iovric, was a resident of
Colorado and a citizen of the United States of America. Defendant Iovric was an agent,
color of state law.
31. At all times relevant hereto, Defendant RN Alissa Perry, EMT-P, was a resident
of Colorado and a citizen of the United States of America. Defendant Perry was an agent,
color of state law.
32. At all times relevant hereto, Defendant LPN Kalani Hijra, was a resident of
Colorado and a citizen of the United States of America. Defendant Hijra was an agent, employee,
of state law.
33. Defendants Alana Klase-Freeman, David Tessier, Briana Boughton, Steve
Holloway, Sherry Baca, Brandi Atencio, Tameika Pillsbury, Jennifer Scott, Monika Iovric,
Alissa Perry and Kalani Hirja are collectively referred to as “Individual Medical Defendants”.
34. The intent of paragraphs 34-36 is to identify each deputy that worked in where
Mr. Laintz was housed and interacted with him and/or his cell-mates about his illness from
October 17 to November 1, 2016.
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35. The following is intended to be a list of all deputies who were responsible for
working the area where Jeremy Laintz was housed in 5B#9 from October 17, 2016 to November
1, 2016 based on the deputy work schedule for the fifth floor and for Dorm B: Valentino
Gonzalez, Andrew Ward, Monica Sosa Monica, Jordan Lira, Jacob Mahan, Jacob Williams,
Gary McNemar, [First name unknown] Jones, W. Keister, Rachel Marquez, Steven Minor,
Santino Pusedu, Miguel Zavala, [First name unknown] Garnes, Cassandra Gonzalez, Raymond
Montiel, [First name unknown] Streyle, David Kiefer, [First name unknown] Holden, Michael
Gallardo, Michael Chitwood, Alfred Herrera, [First name unknown] Maestas, John Simmers,
[First name unknown] Wheeler, Rachel Villarrael, Joe Garcia, [First name unknown] Spicer,
[First name unknown] Cardinal, Ruben Trujillo, Breanna Bond, Steve Dawson, Troy Appel,
Ryan Segura, Mathew Gonzales, [First name unknown] Beruman, Mary Seeley, [First name
unknown] Garbiso, Alexa Komornic, [First name unknown] Zerby, [First name unknown]
Reinhardt, Kayla Biersack, Dee Cook, Michael Garcia, [First name unknown] Rael, Christopher
Randall, Miguez Zavala, [First name unknown] Cira, Christopher Molina, A. Gonzalez, J. Lopez,
Richard Garduno, William Lopez, Aleah Hawkins, Gail Martinez, [First name unknown]
Bachman, Sam Luna, Y. Dynes, [First name unknown] Maes, [First name unknown] Atteberry,
[First name unknown] Seggerman, George Vasquez, Melissa Buchanan, Justin Shrewsbury,
Camilann Baca, C. Espinoza, Tyler Owens, Scott Moore, Bradley Paine, Ashley Graff, David
Arguello, Jacob Bookout, Candice Beggs, Christine Marroquin, [First name unknown] William,
[First name unknown] Deleon, S. Gonzales, B. Ruiz-Fernandez, Mary Kay Deverich, M.
Mascarenas, [First name unknown] Blan, [First name unknown] Duarte, [First name unknown]
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Duplessis, Anna Ciordia. These defendants are collectively referred to as the “Individual Deputy
Defendants.”
36. At all times relevant hereto, each Individual Deputy Defendant identified in ¶35
was a resident of Colorado and a citizen of the United States of America. At all times relevant
hereto, each Individual Deputy Defendant was an agent and/or employee of Pueblo County,
working at the Pueblo County Detention Center and acting under color of state law.
IV. STATEMENT OF FACTS
37. A common and recurring condition among inmates in all jails, and the Pueblo
County Jail specifically, is IV drug use.
38. The Pueblo area has a higher rate of heroin use than the national and state
averages, including higher rates of serious illness as a result of heroin use. According to the 2017
Pueblo County Jail Task Force Comprehensive Report, just months after the conduct complained
of herein, over 30% of inmates were on heroin.
39. Evaluating and addressing the needs of inmates with a recent history of IV drug
use, as well as associated medical conditions, is a usual and recurring task for health care and
detention workers in the Pueblo jail.
40. Bacterial infections, especially blood borne infections, are common among IV
drug users. Fortunately, these infections are treatable with antibiotics or other routine medical
interventions. If untreated, however, these infections (like all infections) are life-threatening.
41. “Health care workers,” as used herein, includes Emergency Medical Technicians
(“EMT”), Registered Nurses (“RN”), Licensed Practical Nurses (“LPN”), Nurse Practitioners
(“NP”), Physicians’ Assistants (“PA”), and doctors.
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42. “Health care providers,” as used herein, includes NPs, PAs, and doctors.
43. All reasonable health care workers are aware that infections are a complication of
IV drug use.
44. All reasonable health care workers are aware that the chronic condition of
Hepatitis C, which is also common among IV drug users, makes people more prone to infection.
45. All reasonable health care workers are aware that infections require medical
intervention and, if untreated, are likely to get worse and can lead to sepsis and death.
46. All reasonable health care workers are aware that dehydration can cause serious
injury and death if untreated.
47. Given the significant risk of serious injury and death associated with untreated
infections, every health care worker in a county correctional facility must know the risks of such
infections, including sepsis, and must be able to recognize the signs and symptoms thereof.
48. All reasonable health care workers are aware that aching joints and muscles,
shortness of breath, chest pain, difficulty breathing, fatigue, fever, chills, sweating and/or heart
murmur are symptoms that may be related to a serious medical condition, particularly in an IV
drug user, and must be timely medically evaluated.
49. All reasonable health care providers are aware that common infections among
inmates with a recent history of IV drug use are skin infections, blood infections and heart
infections (endocarditis) and they must be able to recognize the signs and symptoms of a
possible infection and order appropriate testing and/or treatment.
50. All reasonable health care providers are aware that the classic presentation of a
heart infection includes aching joints and muscles, shortness of breath, chest pain, difficulty
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breathing, fatigue, fever, chills, sweating and/or heart murmur.
51. All reasonable health care workers know that a 37 year old person who suddenly
has severe diffuse pain, pain over his left chest and back, trouble breathing, and a high pulse,
must be immediately evaluated by a medical provider.
52. All reasonable health care workers know that an elevated pulse is often caused by
infection. All reasonable health care workers also know that very low blood pressures, especially
in the context of high pulses, are critical abnormal vital signs that must be timely evaluated and
treated or a person is likely to suffer serious injury or death.
53. All reasonable health care workers know that a 37 year old person with several
weeks of high pulses, sudden low blood pressures, complaints of difficulty breathing, difficulty
walking and severe pain, a yellowish tinge to their skin, and kidney pain must be immediately
hospitalized for these critical symptoms, or risk severe injury and death.
54. Protocols in the jail setting are tools that allow lower level health care workers to
administer medications and treat symptoms without a provider on site. Protocols must be
approved by a provider.
55. All jail health care workers know that protocols are used to treat symptoms of an
illness or complaint. A provider must be involved to make a diagnosis and determine whether
other treatment is necessary to address the cause of an illness or complaint.
56. It is outside the scope and practice of EMTs and nurses to diagnose or determine
the cause of signs and symptoms. EMTs and nurses have a duty to convey any abnormal signs,
symptoms or vitals in a recent IV drug user to a provider who can diagnose the cause of the
abnormals. All trained EMTs and nurses know that failure to communicate abnormal findings to
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a provider can cause serious injury or death.
57. Jeremy Laintz went to Pueblo County Jail in the beginning of October 2016.
Upon his Intake Booking medical screening on October 5, 2016, he disclosed having Hepatitis C,
admitted to IV heroin use, and stated that he previously experienced diarrhea, vomiting, chills,
tremors and anxiety during drug withdrawal.
58. Mr. Laintz was placed on opiate withdrawal protocols that utilized the COWS
scale.
59. This scale ranks a person’s withdrawal by assigning number values to various
symptoms, the total of which dictates whether the withdrawal is considered mild, moderate,
moderately severe or severe. Mild withdrawal is indicated by a score of 5-12 on the COWS
scale, and moderate withdrawal is indicated by a score of 13-24.
60. Mr. Laintz’s withdrawal was characterized as mild to moderate, with his highest
total score at 13, just on the line of moderate. He was prescribed medications for effects of
withdrawal, which he was given once on October 5, 2016 and once on October 6, 2016, which
must be done with approval of provider Klase-Freeman.
61. A person’s pulse is one of the signs evaluated as part of this protocol.
62. Normal pulse rates are between 60 to 100 beats per minute.
63. A pulse over 100 is an abnormal vital sign.
64. All reasonably trained health care workers know that infection is a very common
and well-known reason for a person to have an elevated pulse.
65. EMTs, LPNs, and RNs must report abnormal vital signs to health care providers
because these workers do not have the background, training or license to diagnose the cause of
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abnormal vital signs or disregard them as unimportant within their practice scope.
66. Mr. Laintz had consistently high pulse rates from the time of his admission and
throughout his incarceration.
67. His pulse was taken three times on October 5, 2016. At 2:09 a.m., EMT Monica
Iovric took Plaintiff’s pulse, which was elevated, at 113. At 5:34 p.m., his pulse was taken by
EMT Steve Holloway and was 102. At 11:04 p.m., EMT Sherry Baca recorded his pulse at 123,
which is considered “very high” on the COWS scale.
68. On October 6, 2016, at 9:17 a.m., RN Jennifer Scott recorded Plaintiff’s pulse as
elevated, at 109.
69. Mr. Laintz’s pulses were very elevated on October 7, 2016. At 11:54 a.m., RN
Roberta Spencer-Santisteven recorded his pulse as 120. At 6:40 p.m., EMT Briana Boughton
recorded his pulse as 121, a “very high” reading on the COWS scale.
70. None of these abnormal pulses obtained by nurses or EMTs were relayed to a
higher level medical provider.
71. CHP’s opiate withdrawal protocol explicitly requires that it not be started without
calling the provider. It further states that the provider must be informed if pulses increase more
than 20 points. Mr. Laintz’s pulse did increase more than 20 points in this time frame, which was
also not communicated to a provider.
72. Mr. Laintz’s pulse stayed consistently high even as he completed the
detoxification process and most of his other withdrawal symptoms subsided.
73. Mr. Laintz completed the opiate withdrawal protocol on October 8, 2016.
74. Around October 12, 2016, Mr. Laintz began to experience significant pain and
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difficulty breathing.
75. On or around October 14, Plaintiff was too sick to go to a court appearance.
Deputies told his father, who was at the court hearing, that his son was vomiting and too sick to
be taken to court.
76. Also on October 14, 2016, Mr. Laintz submitted a medical request (“Kite”)
reporting that he had back and hip pain that was “so bad I don’t know what is going on.” He
further reported: “I can hardly breathe now. I need help. I can hardly move the pain is so huge.”
77. This Kite reporting an inability to breathe and extreme pain from an inmate with
Hepatitis C and recent history of IV drug use, along with persistent abnormally high pulses,
required a timely medical work up to determine the cause of his critical symptoms and change in
condition.
78. Defendant EMT Briana Boughton responded to this medical request on October
14, 2016.
79. EMT Boughton had previously assessed Mr. Laintz as part of the opiate
withdrawal protocol, finding him twice to have “very high” pulses of over 121 and 123.
80. According to Defendants’ records, Mr. Laintz told EMT Boughton on October 14:
“his L shoulder blade hurts and radiates to his chest. States pain is 9/10 x two days.” He reported
that this shoulder and chest pain limited his movements and activity.
81. Despite Mr. Laintz statement that he was experiencing 9/10 pain, EMT Boughton
charted that his pain was “moderate.”
82. At this assessment by EMT Boughton, Mr. Laintz had an elevated temperature of
99.2, and again had an elevated pulse of 109.
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83. EMT Boughton called Defendant PA Klase-Freeman about these symptoms and
vital signs and sent her the EKG results, which the PA concluded was normal.
84. Given the potential serious nature of the complaint of chest pain or trouble
breathing, CHP protocols require that the patient be evaluated for various signs and symptoms,
including: whether the patient has pain anywhere else, including any associated joint pain;
whether the patient has pain with breathing or any shortness of breath; the severity of the chest
pain on a 1-10 scale and the nature of the pain; whether the patient has experienced nausea or
vomiting; when the pain started; and, whether there has been any recent chest trauma or
strenuous exercise.
85. CHP protocols require that any abnormal vitals be repeated every 15 minutes or
as ordered by the provider and that the heart rate and lungs be assessed.
86. Although Mr. Laintz’s vitals were abnormal with a pulse of 109 and an elevated
temperature, his vitals were not repeated every 15 minutes and no one listened to his heart or
lungs.
87. PA Klase-Freeman, as the provider at the jail, knew that Mr. Laintz was an IV
drug user with Hepatitis C and that his presentation with diffuse pain around his chest, associated
severe joint pain, and difficulty breathing, are glaring red flags for an infection, specifically a
heart infection. She also knew that he had a history of elevated pulses and elevated temperature,
symptoms well-known to be associated with infections.
88. Despite knowing on October 14, 2016 that he was at risk for a life-threatening
infection and presenting with classic symptoms of the same, PA Klase-Freeman took none of the
basic steps to evaluate Mr. Laintz and determine the cause of his intense joint, muscle, back and
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chest pain, or trouble breathing.
89. Alternatively, EMT Boughton did not communicate or intentionally
downplayed/mischaracterized to PA Klase-Freeman that Mr. Laintz was reporting intense pain
and difficulty breathing and had a recent history of IV drug use. All reasonably trained EMTs
know that they must communicate the signs and symptoms experienced by a patient to the higher
level provider, and failure to do so is a complete abdication of their gatekeeper role.
90. If EMT Boughton did not communicate all of Mr. Laintz’s symptoms to PA
Klase-Freeman, this inadequate response also contributed to Mr. Laintz not receiving necessary
and timely medical evaluation and treatment.
91. Regardless, the fact that an EKG for chest pain needed to be performed required
PA Klase-Freeman to conduct an actual assessment of Plaintiff to determine the cause of his
unexplained intense pain, and she was aware that not doing so risked serious injury or death.
92. Instead of securing timely medical evaluation, Mr. Laintz was merely placed on a
pain protocol for his “acute pain,” which was attributed to “possible chest pain or anxiety/panic
attack”.
93. PA Klase-Freeman cannot diagnose Mr. Laintz with a panic attack without seeing
him or literally taking any steps to assess why he was experiencing intense pain throughout his
body and chest or why he couldn’t breathe. She knew that over the counter pain medicine could
never treat, let alone cure, any underlying condition for these symptoms.
94. All reasonably trained EMTs know they cannot diagnose the cause of chest pain
or unilaterally determine that a person is having an anxiety/panic attack. If EMT Boughton
diagnosed Mr. Laintz with chest pain from an anxiety attack, she knowingly practiced outside of
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her licensure scope.
95. CHP protocols require that an inmate complaining of chest pain (who is not
hospitalized) be seen by the provider at the next on site visit date.
96. Thus, PA Klase-Freeman should have seen and evaluated Mr. Laintz’s serious
complaints of chest pain, generalized severe pain, and difficultly breathing, at the very latest,
when she next worked on the following Monday, October 17, 2016.
97. PA Klase-Freeman never evaluated Mr. Laintz (nor did any other health care
provider) until over two weeks later, when he was barely able to walk or stand up as a result of
his ignored medical condition. Predictably, Mr. Laintz continued to decline from his untreated
infection. His serious medical symptoms and intense pain steadily worsened throughout his
confinement.
98. On October 15, 2016, Mr. Laintz’s mother visited him. He complained to his
mother about the variety of musculoskeletal pain he had, stating things like inter alia: “I feel
terrible;” “I can hardly freaking move”; “my back is so sore” and; “I can barely move, my
shoulder is killing me, my hip is killing me.” He also described feeling very tired.
99. Also on October 15, 2016, Mr. Laintz was seen by Brandi Atencio, RN for acute
muscle pain as part of the “pain protocol”, which Mr. Laintz continued to be on without medical
evaluation as to why he was in so much pain.
100. RN Atencio previously signed the Kite Mr. Laintz submitted on October 14,
2016, where he complained of difficulty breathing and having a 9 out of 10 level pain.
101. Mr. Laintz reported the same symptoms to RN Atencio as he did to his mother
that same day, including that he felt terrible, had significant fatigue, could barely move, and had
20
diffuse pain.
102. Despite being told this on October 15, 2016, signing the Medical Kite, and
reviewing the chart from the day before where Mr. Laintz states he had persistent severe pain
that was 9/10 and could barely breathe, RN Atencio charted his pain as “mild.”
103. RN Atencio took his pulse and it was again elevated at 108.
104. RN Atencio knew that Mr. Laintz was an IV drug user with Hepatitis C and that
this presentation of intense diffuse pain (with no history of trauma or injury), difficulty
breathing, fatigue, and recent elevated temperature are serious symptoms that must be
immediately reported to a health care provider. She also knew these symptoms were red flags for
an infection, which if untreated, could be fatal.
105. Despite knowing on October 15, 2016 that he was at risk for a life-threatening
infection and presenting with classic symptoms of the same, RN Atencio took none of the basic
and well-known nursing steps such as calling a higher-level provider who could evaluate him
and determine the cause of his intense joint, muscle, back, and chest pain, trouble breathing, and
consistent abnormally high pulses.
106. RN Atencio merely continued to authorize over the counter pain medicine that she
knew could never treat, let alone cure, any underlying condition for these symptoms.
107. RN Atencio’s actions knowingly continued to deprive Mr. Laintz of a medical
evaluation, which she knew was critical to his receiving timely and adequate treatment, thereby
consciously putting his life in danger.
108. Jeremy Laintz’s condition continued to deteriorate while medical staff took no
action in response to these known potentially life-threatening symptoms.
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109. On or about October 17, 2016, Mr. Laintz moved to a cell where he was housed
with two other inmates in cell 5B#9.
110. As lay people, it was obvious to Mr. Laintz’s cellmates from October 17 on that
he was extremely sick. They saw that he was having trouble walking, standing up, sweating,
pale, and needed help to get food and water.
111. On October 21, 2016, Mr. Laintz’s father came to visit him at jail. Mr. Laintz told
his father that he was having trouble talking to him because, inter alia: “I’m hurting real bad”, “I
haven’t been able to sleep or anything,” “I’m laying down all day, it’s all I can do,” and “I just
don’t feel well, I’m sorry.” He also told his father that his kidneys, back and spine hurt, and that
even though he was drinking lots of water, his urine was an “apple juice color.”
112. On October 26, 2016, Mr. Laintz had another visit. By this point, he was in
excruciating and unbearable pain. He told his visitor, as he told jail and health care workers: “I
feel like I’m fucking dying;” “I have never fucking felt this bad in my life;” “I think I almost
died;” “I think my kidneys almost shut down;” “I can’t even fucking function;” “I haven’t got
out of bed at all, this is the most miserable fucking terrible run of things I’ve ever had;”
“Literally I thought I was going to die;” “I feel like shit;” “It hurts so bad, I feel like dying;” “I
fucking hurt;” “I’ve just been drinking a bunch of water, been eating all my food;” “I can’t
believe how bad my body aches, it’s unbelievable.”
113. He told this visitor that medical “won’t do shit for you here” and he had to survive
long enough to go to DOC (where he was being transferred) so he could get evaluated.
114. On October 27, 2016, Mr. Laintz’s mother came to visit him at the jail.
115. Plaintiff was so sick at this point, he had to be called several times to come to the
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visit. When he finally made it, he told his mother: “I feel like crap, I don’t like coming to the
visits because I hurt so bad”. He also told her that he had been asking for medical attention but
that they wouldn’t do anything for him. He said that he hurt “everywhere,” was in “rough
shape,” “a lot of pain,” and hurt “really bad.”
116. During this call, he was rocking back and forth in unbearable pain while trying to
talk. After stopping the visit early to let him go lay back down, Mr. Laintz shuffled down the hall
very slowly, weakly, and barely able to stand up. It was glaringly obvious to anyone, never mind
to a health care professional, that he was an extremely sick man who needed to be hospitalized.
117. After this visit on October 27, 2016, his mother was so concerned that she called
the jail and told them that her son was very sick and needed emergency help.
118. These workers told her she had to call the medical staff directly.
119. Mrs. Laintz called CHP medical staff and told them that her son was very sick and
needed help.
120. Plaintiff’s father, Dan Laintz, went to the jail and spoke to Sheriff Taylor, who
again told him he needed to reach out directly to medical staff.
121. The family made several more calls to CHP medical and were falsely told that it
was being “handled.”
122. CHP’s Health Services Administrator (“HSA”), Defendant Tessier, responded to
these panicked calls by Mr. Laintz’s family by baselessly and recklessly predetermining that the
cause of Mr. Laintz’s serious medical problems were psychological or fake. The custom of
assuming symptoms are faked and disregarding subjective complaints is so pervasive and
ingrained at this jail, that CHP’s own HSA engaged in this exact conduct, sending a mental
23
health worker instead of a medical professional to evaluate why Mr. Laintz was unable to
breathe, stand up, talk, or move.
123. Thus, on October 27, 2016, Gloriean Ortiz, Licensed Professional Counselor
(“LPC”) charted that she saw Mr. Laintz “upon a request by our HSA” because “[w]e received a
call from a family member that he wasn’t doing well.”
124. Mr. Laintz told Ms. Ortiz that he had never felt this sick in his life and that: he
knew something was seriously wrong with him; he needed to go to the hospital; and, he knew
that this was not remotely just drug withdrawal.
125. LPC Ortiz reported that “he presented as having a hard time walking and visably
[sic] didn’t look well.”
126. Ms. Ortiz charted that she “personally spoke to the provider [Defendant Klase-
Freeman] and tasked her so he could receive medical care.”
127. PA Klase-Freeman, as the provider in the jail, was familiar with his recent
medical history as relayed to her by EMT Boughton and LPC Ortiz and also as noted in the
medical record. This included her then knowing that he looked very sick and had: Hepatitis C;
completed the COWS protocol weeks ago; persistent high pulses; complained of pain over his
left upper back and into his chest (two weeks earlier) and all over his body; difficulty breathing;
and, trouble walking. These symptoms would cause any reasonable skilled physician’s assistant
to be actively considering whether Mr. Laintz had an infection and more specifically,
endocarditis.
128. Despite this surfeit of knowledge, PA Klase-Freeman again decided not to send
Mr. Laintz to the hospital or even see him herself for three and a half more days.
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129. Ms. Ortiz also charted “I do believe that he wasn’t well do to withdrawling [sic]
from herion [sic],” despite him being in the jail for weeks (long passed any reasonable time to be
experiencing withdrawal) and despite the symptoms not being indicative of drug withdrawal.
Regardless, whether Mr. Laintz was ill and unable to walk or breathe because of withdrawal or
from some other medical condition, PA Klase-Freeman then clearly knew that Mr. Laintz needed
prompt medical attention, as drug withdrawal itself is a serious medical condition that can kill
you in a matter of hours or days.
130. On the morning of Monday, October 31, 2016, PA Klase-Freeman brought Mr.
Laintz down to the medical unit for a “medical sick call” that was “requested by the patient.”
131. According to her own notes, Mr. Laintz told PA Klase-Freeman that he had been
weak for weeks and now couldn’t walk. He reported left sided abdominal pain and nausea.
132. PA Klase-Freeman observed that he was jaundiced and charted a number of
alarming vital signs, including a very low blood pressure of 85/51, a very high pulse of 129, and
a SP02 of 94%, vitals and symptoms that require hospitalization.
133. Defendant Klase-Freeman knew that this very low blood pressure is by itself a
very serious medical symptom, but is especially indicative of septic shock in the context of a 129
pulse. This man was obviously gravely ill and even with his heart beating significantly faster
than normal, he was unable to maintain a normal blood pressure.
134. At this long overdue medical evaluation on October 31, 2016, Mr. Laintz looked
like death. Ms. Klase-Freeman knew that Mr. Laintz could be septic from endocarditis or other
infection and that not hospitalizing him immediately could be fatal. Any person, trained or
otherwise, would see that basic human decency required immediate hospitalization.
25
135. Instead, acting with extreme deliberate indifference, Defendant Klase-Freeman
chose not to obtain medical care for Mr. Laintz. In the face of a man dying of sepsis, PA Klase-
Freeman suggested he practice “relaxation and breath control” and drink more water. PA Klase-
Freeman’s chart notes evinces her suspicion that he was faking or exaggerating his symptoms
rather than suffering from a real medical issue, even in the face of mounting objective proof.
136. Mr. Laintz was in excruciating pain while he was kept in a filthy area during this
medical visit with no clean water or bed.
137. Plaintiff’s blood work came back with many abnormal readings the next day on
November 1, 2016. While the labs, as provided by Defendants, are currently unlabeled, more
than 20 of his labs are labeled as abnormally high or low. Even without the standard identifiers,
several of the labs have notes indicating that the levels were so abnormal that they were
rechecked or verified by the lab.
138. At some point on November 1, 2016, LPC Ortiz went to obtain consent for
Defendant HSA Tessier to call Mr. Laintz’s panicked parents.
139. A deputy told her that Mr. Laintz was too weak to walk and escorted her into his
cell. She recorded that he had “labored breathing and his color was yellowish.” She again asked
for medical care, requesting that Deputy Seggerman have medical do a “check one”-- a medical
emergency call.
140. EMT Steve Holloway responded, noting that Mr. Laintz “still has pain all over his
body.” Clearly, EMT Holloway was aware of previous complaints of pain “all over his body.”
141. EMT Holloway charted that Mr. Laintz was laying on his back, hyperventilating,
but, pursuant to the custom of disregarding subjective complaints and presuming inmates are
26
malingering, concluded that he was refusing to sit or stand, rather than unable.
142. EMT Holloway found that Mr. Laintz “BP was low” and he had a very high pulse
of 124.
143. EMT Holloway spoke to PA Alana Klase-Freeman, who told him that “due to pts
vitals showing possible dehydration, and his lab values she wanted an EKG.”
144. PA Klase-Freeman now knew that this man had been experiencing persistent
weakness for several weeks, had persistent high pulses for several weeks, had a significant
persisting pain over his chest for approximately two weeks, that he was yellowish, that he
couldn’t walk, that he was hyperventilating, that he was stating he couldn’t breathe, that he had a
critically low blood pressures and one of 85/51 the day before, and that he had many labs that
were so abnormal the lab rechecked or verified them.
145. Any reasonable provider would know that the most likely cause for these signs
and symptoms was a serious infection. Any reasonable provider would know that regardless of
what was causing these signs and symptoms, even if it were dehydration, such dehydration
would have been severe enough to require immediate hospitalization.
146. Both these health care workers know that dehydration can be fatal if untreated.
EMT Holloway acknowledged the risks of dehydration, telling Mr. Laintz that it could cause
“weakness, seizures and can cause death.” Either they did not actually believe he was dehydrated
or they did not care that he could die, as they did not even start an IV for fluids at that time.
147. Later that day at 1:42 p.m. on November 1, 2016 Defendant HSA Tessier called
Mr. Laintz’s mother and left the following voicemail:
This is David Tessier from the Pueblo County Detention Center Medical
Department. We did have Jeremy brought up yesterday. The provider did do an
27
examination on him. She said everything is pretty much normal. He is

hyperventilating. She said when you talk to him, he does hyperventilate. She feels
that this is forced hyperventilation. Some of the side effects of that
hyperventilation is weakness, which is one of the things he’s complaining about.
It also can cause, as you know, dizziness and things like that. She did find, she did
order labs on him and everything else was normal except for his BUN and
Creatinine, which could be an indicator for a kidney issue. She did call him back
up today and he refused. So, in her opinion everything he is doing is trying to
get himself a trip out. Medical is not going to do that for him. There is no
medical reason for him to go out. So if you could have a talk with him, and
tell him to quit hyperventilating and to cooperate with us and let’s find out
what’s going on with his kidneys if that is indeed the case.
148. This medical team, including top supervisors HSA Tessier, and PA Klase-
Freeman, are so comfortable with treating an inmates condition as faked, that they brazenly
asked the Laintz family to tell their son to “quit hyperventilating” and faking being ill while he
was in septic shock and dying.
149. At approximately 7:40 p.m. on November 1, 2016, Deputy David Spicer noted
that Mr. Laintz was very pale, having trouble sitting upright, and breathing hard.
150. Deputy Spicer and Sergeant Cardona again called for emergency medical help.
151. EMT Sherry Baca arrived about 20 minutes later. His blood pressure was again
critically low - 78/42. He could barely breathe. She also noted that he “had yellow tinge to skin,
smelled of urine and defecated on self.” He had a high respiratory rate of 26 and after a month of
very high pulses, Mr. Laintz’s heart rate suddenly dropped because he was crashing.
152. Deputy Spicer called a Code One (Medical Emergency). RN Tamika Pillsbury
and Esmeralda Cruz responded.
153. RN Pillsbury charted that “another medical was assessing pt when this medical
arrived. Pt sitting in bed, labored breathing, jaundice skin. Pt reported that had multiple episodes
of diarrhea earlier in the day.”
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154. RN Pillsbury called Defendant Klase-Freeman, who again shockingly refused to
send him to the hospital. Instead, she ordered an inmate with abnormal labs, alarmingly low
blood pressures, high pulses, low oxygen levels, high respirations, and who was turning yellow,
had film around his mouth, was urinating and defecating repeatedly on himself, who couldn’t sit
or walk, and who had been sick for weeks, to the jail medical room to start an IV.
155. Mr. Laintz refused to go back down to the filthy medical area where he was kept
for hours the day before, a torturous experience that yielded no medical help. RN Pillsbury
charted “Pt stated that he did not want to go to clinic because they will do anything for him.”
156. After being told by deputies that Mr. Laintz was “deteriorating,” Sergeant
Cordona sent Mr. Laintz to the ER, finally overriding CHP’s deliberately indifferent medical
team who, per the HSA, was “not going to do that for him.”
157. He was transported by deputies handcuffed and shackled in a car rather than an
ambulance, indicating that even at this point, CHP refused to treat Mr. Laintz’s condition as
emergent. Pursuant to the contract between CHP and Pueblo County, CHP coordinates “all
necessary ambulance services for emergency medical care patients,” while “routine transfers” for
‘non-emergency medical treatment” are the responsibility of Pueblo County.
158. From October 17, 2016 to when he was finally hospitalized on November 1, 2016,
Mr. Laintz and his cellmates asked for help on a daily basis.
159. Mr. Laintz’s cellmates also saw him repeatedly beg for medical help, filling out
multiple Kite forms, which they helped him turn in as he could barely move to do it himself.
160. Other than the Kite submitted on October 14, 2016, none of the later Kites
submitted by or on behalf of Mr. Laintz were responded to at all. These Kites have so far not
29
been provided to Plaintiff as part of his medical chart.
161. Every time a health care worker came through the area to conduct med pass, cell-
mate Wilson Cruz Anaya asked the health care worker to see Mr. Laintz.
162. Every time Mr. Laintz had an opportunity to see any health care worker, he also
asked for medical help and relayed his worsening symptoms. Several times when Mr. Laintz
complained about the lack of response to his requests for help, nurses told him “if you don’t like
it, don’t come to jail.”
163. Based on representations by CHP, the health care workers responsible for
medpass for 5B#9 from October 17 until November 1 are believed to be Defendants Baca,
Boughton, Holloway, Iovric, Perry, Hijra, Atencio, Pillsbury, and Scott. Each of these health
care workers were told about Mr. Laintz’s increasingly serious illness, but did not assess him or
obtain medical evaluation.
164. Between October 17 and October 31, 2016, medical staff never came to evaluate
Mr. Laintz for his known life-threatening symptoms and condition. They never called a doctor or
higher-level provider to obtain any diagnosis or medical workup. They literally did nothing for
this man who was obviously deteriorating towards death.
165. Each time a deputy came by the cell, cell-mate Wilson Cruz Anaya asked to get
Mr. Laintz medical attention, but the deputies responded that they had spoken to the medical unit
about the situation.
166. Mr. Laintz also repeatedly told deputies that he needed help, and they likewise
told him that medical was aware of the situation.
167. The deputies responsible for checks on 5B#9 from October 17th until October 31,
30
2016, are believed to be Defendants: Valentino Gonzalez, Andrew Ward, Monica Sosa Monica,
Jordan Lira, Jacob Mahan, Jacob Williams, Gary McNemar, [First name unknown] Jones, W.
Keister, Rachel Marquez, Steven Minor, Santino Pusedu, Miguel Zavala, [First name unknown]
Garnes, Cassandra Gonzalez, Raymond Montiel, [First name unknown] Streyle, David Kiefer,
[First name unknown] Holden, Michael Gallardo, Michael Chitwood, Alfred Herrera, [First
name unknown] Maestas, John Simmers, [First name unknown] Wheeler, Rachel Villarrael, Joe
Garcia, [First name unknown] Spicer, [First name unknown] Cardinal, Ruben Trujillo, Breanna
Bond, Steve Dawson, Troy Appel, Ryan Segura, Mathew Gonzales, [First name unknown]
Beruman, Mary Seeley, [First name unknown] Garbiso, Alexa Komornic, [First name unknown]
Zerby, [First name unknown] Reinhardt, Kayla Biersack, Dee Cook, Michael Garcia, [First name
unknown] Rael, Christopher Randall, Miguez Zavala, [First name unknown] Cira, Christopher
Molina, A. Gonzalez, J. Lopez, Richard Garduno, William Lopez, Aleah Hawkins, Gail
Martinez, [First name unknown] Bachman, Sam Luna, Y. Dynes, [First name unknown] Maes,
[First name unknown] Atteberry, [First name unknown] Seggerman, George Vasquez, Melissa
Buchanan, Justin Shrewsbury, Camilann Baca, C. Espinoza, Tyler Owens, Scott Moore, Bradley
Paine, Ashley Graff, David Arguello, Jacob Bookout, Candice Beggs, Christine Marroquin,
[First name unknown] William, [First name unknown] Deleon, S. Gonzales, B. Ruiz-Fernandez,
Mary Kay Deverich, M. Mascarenas, [First name unknown] Blan, [First name unknown] Duarte,
[First name unknown] Duplessis, Anna Ciordia.
168. Deputies working in a jail must relay medical concerns of this nature to medical
staff -- they cannot determine whether a person is in fact suffering from a serious medical
condition on their own. If these repeated reports of Mr. Laintz’s need for immediate medical
31
attention were not adequately communicated to medical staff, these deputies abdicated their
gatekeeper roles.
169. Deputy Defendants also knew and could see that Mr. Laintz was obviously very
sick. In fact, Mr. Laintz was so ill that deputies were allowing his cell-mates to bring him food
and water, which is normally not allowed at the jail. Deputy defendants made these
accommodations because they knew he was too sick to act on his own behalf.
170. Deputies working in a jail must also be aware of the potentially fatal
consequences of untreated illnesses that are causing an inmate to have difficulty talking,
breathing and walking. Mr. Laintz’s illness was so obvious that Deputy Defendants’ reliance on
medical staff’s determination that Mr. Laintz did not need to be evaluated during this time period
was unreasonable. The failure to secure any medical attention for Mr. Laintz from October 17-
October 31, 2016, was deliberately indifferent and also violated their gatekeeper role.
171. By the time Mr. Laintz was brought to St. Mary Corwin Hospital in the middle of
the night of November 1-2, he was in severe septic shock and was put in a medically induced
coma and intubated.
172. Upon arrival, the hospital staff noted that Mr. Laintz “appear[ed] critically ill” and
was “cachectic,” and “pale”. His blood pressure was in the 70/50s. He had “severe, decreased
generalized weakness.” He was “able to move his upper and lower extremities, but not very
rigorously.” His breath sounds were coarse and loud, and he was tachycardic.
173. Mr. Laintz was admitted into the intensive care unit for “acute renal failure, acute
respiratory failure, metabolic acidosis, dehydration, sepsis, pneumonia” and stat
echocardiograms were ordered to look for endocarditis.
32
174. After discussion with Infectious Disease and Critical Care departments, the
“decision was made to transfer pt to St Anthony’s as he was going to need CT surgery for source
control to have any chance of survival.”
175. Contrary to the CHP’s calloused assertions that Mr. Laintz just wanted a “trip
out” and that there was nothing “medically wrong with him,” there was so much medically
wrong with him that he required Flight for Life to Denver not to die.
176. Mr. Laintz was admitted to St. Anthony’s with “severe endocarditis and septic
shock.”
177. He developed liver failure, renal failure, respiratory failure, and underwent a
tracheostomy. He further developed septic emboli to the lungs and bilateral toes.
178. Medical workers at the hospitals told Mr. Laintz’s parents that he had less than a
10% chance of survival. Mr. Laintz’s parents and siblings gathered at the hospital to say good
bye to Jeremy while he was in a coma, still actually shackled to the bed.
179. He became severely malnourished and deconditioned with severe muscle wasting,
requiring assisted feeding and developed a significant bed sore on his coccyx.
180. Mr. Laintz lost significant portions of his left lung and portions of six of his toes
to gangrene.
181. During his extensive medical course, which included over a month at the hospital
and months of inpatient rehabilitation, Mr. Laintz underwent numerous invasive life saving
procedures, including:
• hemodialysis for multisystem organ failure;

• prolonged endotracheal intubation requiring tracheostomy;
• extensive lung surgery for abscess and empyema;
• tricuspid valve replacement; and,
33
• multiple toe amputation related to gangrene secondary to ischemia due to high

vasopressor use while septic.
182. Mr. Laintz has permanent physical injuries, pain, and impairment. The
replacement of his heart valve requires that he limit exertion. He struggles to walk long distances
or go up stairs without getting winded. He can no longer enjoy many of his previous outdoor
activities.
183. Due to his multiple surgeries, it is difficult and painful to raise his arms for any
length of time. The removal of six of his toes causes balance and gait issues. He has trouble
lifting over 10 lbs, squatting, bending, standing, reaching, walking, kneeling, talking, climbing
stairs, memory, completing tasks, concentrating and socializing. He is continuing to work to
recover but has ongoing physical and emotional injuries as a result of the complained of conduct.
184. The medical bills associated with this care total well over $2,000,000.
185. Mr. Laintz’s economic damages include lost wages and lost or diminished
earnings capacity.
186. Mr. Laintz also has emotional distress as a result of these events, including
intense anxiety and depression.
Facts related to Pueblo County’s Unconstitutional Policies and Practices
187. Pueblo County’s policies and practices result in health care that violates the
Fourteenth and Eighth Amendments. Pueblo County Defendants are required by law to provide
the “community standard of health care” to all inmates, but they fall far below that measure.
Pueblo County Defendants are well aware of severe system-wide deficiencies that have caused
and continue to cause significant harm to the inmates in their custody, yet they have failed to
take reasonable measures to abate this impermissible risk of harm.
34
188. According to reports commissioned by the Board of County Commissioners, the
Pueblo jail is falling apart, characterized by inhumane living conditions, woefully insufficient
staffing, and severe overcrowding, in violation of the Fourteenth and Eighth Amendments.
189. Pueblo County Defendants know that their jail conditions are unconstitutional.
The Board of County Commissioners ordered a Comprehensive Jail Study (“Pueblo Jail Study”)
because of the well known and widespread “overcrowding and other issues at the Pueblo County
Jail” that have “long needed to be addressed”, as well as the “poor living and working conditions
for both inmates and detention deputies.”
190. These inhumane living conditions include grossly inadequate sanitation, with
worms and bugs coming out of drains and sinks. Medical screening procedures and appointments
are routinely conducted in non-sanitary treatment space and hallways.
191. Pueblo County jail is so overcrowded that Pueblo County Defendants are failing
to provide basic humane conditions for inmates, including access to health care. According to the
Pueblo Jail Study, the jail is built to accommodate a maximum capacity of 509 inmates, running
efficiently at about 80% capacity. In the first six months of 2017, the average daily inmate
population was 777. In 2017, and likely before, the Pueblo County Jail was the most
overcrowded jail in Colorado.
192. In the third quarter of 2016, when Plaintiff was incarcerated, the jail was
operating at about 140% capacity.
193. As a result of overcrowding and inhumane living conditions, “basic needs of the
inmates are difficult to meet” and there are “minimal areas for inmates in special circumstances,
such as those in “drug withdrawal” or those that are “infirm.”
35
194. Overcrowding is often a cause of many unconstitutional problems, including
needless suffering and death of inmates. Defendant Sheriff Taylor admitted that such over-
crowding and deplorable conditions inevitably leads to endangering the health and safety of the
inmates, telling the press: “You can’t put 18 eggs in a 12-egg carton without cracking a few.”
The Denver Post reported on January 4, 2018 that “Pueblo County is bracing for what it sees as
inevitable lawsuits over a jail whose operators say it is borderline inhumane.”
195. As has also been well-documented, “mental health patients and low-level drug
offenders constitute a large portion of [Pueblo’s] overcrowded jail population.” As Undersheriff
J.R. Hall told the Pueblo Chieftain: “The opioid crisis that everyone hears about on the street? It
comes right here to the jail, and we don’t have an infirmary for helping sick people.”
196. Overcrowding conditions, such as those that exist at Pueblo County Jail, are well
known to cause a variety of serious medical care issues including: insufficient staffing; under
trained and under supervised staff; inadequate facilities to see and treat inmates; inadequate
detention staff to timely react to medical needs or the logistics of appointments and outpatient
care, and unsanitary medical conditions.
197. These conditions caused an extremely high level of deputy turnover in 2016 and
2017, resulting in serious understaffing of deputies at the jail.
198. Pueblo County contracted with CHP Defendants for insufficient numbers of
health care professionals to provide adequate care to the more than 700 inmates in their custody.
There is not sufficient health care staff to timely respond to inmates’ requests for medical
evaluations and treatment; to adequately screen, monitor, and provide follow-up care to inmates
who are suffering from serious and chronic illnesses; or to treat inmates on an emergency basis.
36
199. The Health Services Contract between CHP and Pueblo County is based on a
daily inmate population estimate of 620 and provides that: “CHP will not charge PCSO for
medical services to populations above a monthly ADP [average daily population] of 620 unless
such additional demands require higher staffing levels by CHP. CHP and PCSO shall discuss and
agree on any staffing adjustments at the time and shall agree in advance to any higher levels of
staffing that proposed.”
200. The daily population at the time of Mr. Laintz’s incarceration appears to have
been over 700. On information and belief, no staffing increase was made in response to this
increased daily population.
201. Even the health care worker staffing based on an estimated 620 inmates is
recklessly light, apparently consisting of only one Registered Nurse (RN), one Licensed Practical
Nurse (LPN), one EMT, and one intake paramedic/EMT per shift, with each shift being between
12-14 hours. There is a Physician’s Assistant four days a week for eight (8) hours. There may
also be a doctor there six (6) hours per week.
202. This contract also under-budgeted the cost of offsite medical care and certain on
site services for an inmate population of 620. CHP agreed to pay the costs of medical care up
until it reached the agreed upon “cap” of $200,000 for these services. Pueblo County would then
be responsible for any amounts above the $200,000 cap. This cap even appears to include a wide
array of obviously needed health care expenses including: emergency room visits, inpatient and
outpatient hospitalization, offsite specialty services, ambulance services, all pharmaceuticals, all
labs, xrays, medical and dental supplies, medical waste disposal costs, physical therapy, eye
related expenses, dialysis, and any services provided to inmates requiring staff beyond the light
37
staffing plan described above.
203. The contract further contained financial incentives to keep costs down at the
expense of inmate health care. Thus, if CHP somehow managed to not reach the $200,000
aggregate cap for these identified services (which they were in a unique position to do as the
primary gatekeeper for inmates receiving care), then CHP and Pueblo County would split the
difference between outside medical care costs and the $200,000 cap, and CHP would keep their
half as additional profit.
204. In this bid proposal process, CHP told Pueblo County that raising the cap of
offsite medical care to $250,000 would cost the County an additional $50,000, encouraging them
to take the gamble that CHP would successfully keep costs down and not spend more than
$200,000 for over 700 inmates (many without insurance), stating: “we believe the lower cap
amount of $200,000 reduces the likelihood that the County will overpay CHP and recoup only
half the overpayment should total eligible expenditures fall below the higher cap amount.”
205. In the bidding process, Pueblo County Defendants made clear that it was “the
County’s intent to hold the prospective firms to the Maximum Guaranteed Price” provided by the
companies.
206. The CHP contract proposal expressly represented their cost saving abilities in the
attempt to get the contract, stating: “CHP has worked to reduce unnecessary offsite utilization”
and uses its onsite providers to “mitigate unnecessary specialist and hospital visits.”
207. On information and belief, no increase to the off-site medical care cap was made
in response to the increase in inmate population.
208. $200,000 a year for over 700 inmates is insufficient, especially for the
38
increasingly sick population. This cap system creates a financial disincentive to provide
constitutionally required care, including but not limited to, taking inmates to the hospital.
209. As a result of Defendants trying to keep costs down, Pueblo County Defendants
and CHP allowed consistently low staffing patterns such that inmates who needed higher level
evaluation and treatment routinely were housed in the jail instead and not able to access timely
medical help. This was tolerated and fostered so that CHP and Pueblo County Defendants could
meet totally unrealistic medical budgets and maximize profits at the expense of the health and
wellbeing of confined citizens.
210. It is well known that overworked and under supervised staff in jails causes
generally, as it did in Pueblo jail in 2016: failures to timely and appropriately identify medical
problems, with excessive and dangerous delays for everything from routine medical care to
emergency services; failures to timely respond to inmates’ requests for medical evaluations or
emergency medical conditions; failures to timely refer inmates to outside medical facilities; long
delays in acting on laboratory and testing results; insufficient numbers of custody staff to
transport inmates to health care appointments; and a pervasive custom of disregarding the serious
medical needs of inmates as a coping mechanism for overworked under-supported staff.
211. It is commonly accepted and understood that overworked deputies and health care
workers in a jail setting are likely to experience burn out, which in turn leads to significant
problems in poor decision making and lack of empathy for patients.
212. Corrections fatigue, compassion fatigue and burn out are all phenomena well
understood and accepted as a problem among all jail staff – medical and correctional. These
phenomena are increased and exacerbated by over work, low pay, long shifts, and too little
39
support to manage the number and complexity of patients. The National Commission on
Correctional Health Care (NCCHC) has published articles on the need to minimize correctional
fatigue, compassion fatigue and burnout to improve work place morale and patient outcomes.
213. Correctional staff burnout, including deputies and health care workers, is highly
associated with and known to likely lead to depersonalization of inmates, causing these workers
to treat inmates in impersonal, uncaring, cynical and calloused manners.
214. Pueblo Defendants and CHP Defendants jointly created a situation of such
extreme overcrowding, under funding, under staffing and under supervision as to cause, in part,
individual Defendants to treat Jeremy Laintz with the calloused deliberate indifference
complained of herein.
215. As a result of the inhumane and unconstitutional conditions at the Pueblo Jail, the
Pueblo Jail Study recommended (emphases supplied) that:
Pueblo County, and the community overall, will be best served from a financial
and safety perspective, in constructing a new jail that will be built to properly
accommodate the current average daily population of today and for decades to
come. Pueblo County should exercise all available financial resources to construct
a new jail and to refurbish the existing jail dormitory to become a detox and
treatment center for the community. Given the costs of possible litigation, human
lives, rising construction costs, urgent safety concerns, and the need for detox and
treatment in our community, the Jail Task Force recommends that both
components (a new jail and detox/treatment center) be acted upon as soon as
possible.
216. The Pueblo County Defendants had the power and ability to monitor the contract
performance of CHP and the duty to ensure that inmates received constitutionally adequate
medical care. They also have a non-delegable duty to provide constitutionally adequate care. The
Pueblo County Defendants, with deliberate indifference, did not adequately monitor the
performance of CHP and allowed CHP’s ongoing practice of substandard medical care to
40
continue, putting the lives of its inmates and detainees at risk.
Facts related to CHP’s Unconstitutional Policies, Practices and Training
217. CHP’s policies and practices result in health care that violates the Fourteenth and
Eighth Amendments. CHP Defendants are required by law to provide the “community standard
of health care” to all inmates, but they fall far below that measure. CHP Defendants are well
aware of severe system-wide deficiencies that have caused and continue to cause significant
harm to the inmates in their custody, yet they have failed to take reasonable measures to abate
this impermissible risk of harm.
218. CHP Defendants control all aspects of health care available to inmates. Inmates
cannot be seen by any medical professionals, inside or outside of Pueblo, without approval from
CHP Defendants. Inmates cannot receive laboratory or other diagnostic testing without approval
from CHP Defendants. In short, Inmates are at the mercy of CHP Defendants for all aspects of
their health care.
219. CHP maintained unconstitutional policies, customs and training that violates the
Fourteenth and Eighth Amendments. This included (1) a written contractual policy of
deliberately indifferent low and under-qualified staffing and under-budgeting, (2) an
unconstitutional custom of disregarding inmates’ serious medical complaints as faked or
exaggerated without ruling out medical conditions that could lead to substantial injury or death,
and training regarding the same; (3) straining to maintain inmates in the jail rather than to send
them offsite for necessary medical care – in part to save money, even when it was known that a
potential outcome could be serious injury or death; and, (4) of allowing nurses and EMTs to
practice outside their licensure scope.
41
220. CHP Defendants are well aware of severe system-wide deficiencies that have
caused and continue to cause significant harm to inmates in their custody, yet they have failed to
take reasonable measures to abate this impermissible risk of harm.
221. As set forth in paragraphs 188 to 215, Pueblo County and CHP Defendants
maintain insufficient numbers of health care professionals to provide minimally adequate care to
the more than 700 prisoners in their custody and do not adequately budget for offsite medical
care. There are not sufficient health care staff to timely respond to inmates’ requests for medical
evaluations and treatment; to adequately screen, monitor, and provide follow-up care to prisoners
who are suffering from serious and chronic illnesses; or to treat inmates on an emergency basis.
222. CHP also failed to adequately train and/or supervise its personnel, agents and or
subcontractors with regard to complying with constitutionally minimal rights of confined persons
to medical care. This includes its deliberate choice not to provide sufficient training on (1) signs
of infection in IV drug users, (2) managing and responding to inmates who are reporting being in
a medical crisis; (3) arranging for higher level or outpatient evaluation to address and diagnose
the cause of reports by inmates of serious medical symptoms.
223. CHP also encourages and condones medical staff treatment of inmates’ medical
conditions as fake. CHP specifically holds itself out in the media as catching fakers to save
money and shortening and avoiding hospital visits. In 2011, the current President and CEO of
CHP, Geoffrey Archambeau, touted the company’s ability to control costs by weeding out
fakers, expressing a sentiment echoed here by the PA and HSA that, “a weekend in the hospital
is a vacation from prison for some inmates.”
224. Mr. Archambeau signed the Health Services Contract between Pueblo County and
42
CHP. In Pueblo, it was obviously so well understood to be the custom to assume inmates’
medical conditions were faked, the HSA purveyed the PA’s outrageous conclusion to the Laintz
family while he was in the throes of septic shock and multiple organ failure.
225. CHP medical staff at Pueblo County Jail routinely follow their CEO’s lead and
treat inmates’ subjective medical complaints as faked, resulting in serious injury or death. For
example, in February 2016, Joseph Jaramillo died from severe head and neck injuries after being
ignored by medical staff as he complained about his increasingly catastrophic head-injury-related
symptoms. Mr. Jaramillo was assaulted by correctional officers who smashed his head into the
ceramic floor of the jail’s shower area. After regaining consciousness, Mr. Jaramillo complained
to medical staff Defendant Sherry Baca about his throbbing head pain. EMT Baca also noticed
and recorded Mr. Jaramillo’s inability to touch his chin to his chest, a clear sign—to anyone with
even the most basic medical training—of brain bleeding and swelling—a textbook medical
emergency requiring immediate treatment. Defendant Baca, however, gave Mr. Jaramillo only a
cursory exam, and otherwise ignored his subjective complaints while he banged on his cell
begging for medical attention. Only when Mr. Jaramillo was found unconscious by Ms. Baca—
in his cell not for his head injury, but for a routine blood sugar check—did she bother to call for
emergency medical care. It was too late. Mr. Jaramillo died of a subdural hematoma with
associated brain bleeding and swelling.
226. In 2016, Inmate McBeth was placed in a holding area at Pueblo County Jail. She
was stripped naked, assaulted, and tased by correctional officers, as CHP medical staff member
Defendant Fitzgerald looked on. Ms. McBeth immediately complained to guards that she could
not move or lift her left arm. She continued begging for medical attention for six hours, when
43
medical staff Defendant Fitzgerald finally arrived. He did not, however, examine or inspect Ms.
McBeth’s arm, refusing to provide any treatment and returning Ms. McBeth to her cell for
another 4-5 hours. Ms. McBeth was ultimately diagnosed by Parkview Medical Center providers
with severe crushing and displacement injuries to her left arm, requiring extensive surgical
repair.
227. Harman v. Pueblo County Sheriff Dept., similarly demonstrates CHP’s practice of
ignoring inmates’ subjective medical complaints, as well as a disturbing refusal to treat infection.
In July, 2016, medical staff ignored Mr. Harman’s subjective medical complaints indicating a
progressing infection. For four days, Mr. Harman’s obvious infection worsened and the
infection-related knot swelled to the size of volleyball, impairing his ability to walk and causing
serious pain. For four days, medical staff ignored Mr. Harman’s subjective medical complaints,
repeatedly responding instead by rote with the mindless “just don’t scratch it” mantra. Finally,
after four days Mr. Harman was taken to a local emergency room, where he was admitted as
doctors and nurses treated his infection.
228. Throughout other jails and prisons where it provides health care, CHP is known to
engage in and permit to exist a pattern, practice, or custom of unconstitutional conduct toward
confined persons with serious medical needs, including failing to secure timely medical care for
such individuals. In July, 2015, Mr. Albert entered the Missoula County Detention Facility with
a partially amputated leg. At the time of his arrest and detention, Mr. Albert had osteomyelitis, a
bone infection, in his leg stump. He had already been scheduled by outside medical providers to
have surgery to remove the osteomyelitis. Mr. Albert’s condition was recorded at the time he
entered the jail, yet CHP staff refused him any treatment for his known and serious bone
44
infection for two months. Not surprisingly, much like Mr. Laintz, Mr. Albert’s osteomyelitis
worsened from serious to life threatening, and he was finally taken to a local emergency room.
V. CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF

Violation of 42 U.S.C. § 1983 – 8th and 14th Amendment
Deliberately Indifferent Medical Care
(Plaintiff against each Individual Medical Defendant and each Individual Deputy Defendant)
229. Plaintiff hereby incorporates all other paragraphs of this Complaint as if fully set
forth herein.
230. 42 U.S.C. § 1983 provides that:
Every person, who under color of any statute, ordinance, regulation, custom or
usage of any state or territory or the District of Columbia subjects or causes to be
subjected any citizen of the United States or other person within the jurisdiction
thereof to the deprivation of any rights, privileges or immunities secured by the
constitution and law shall be liable to the party injured in an action at law, suit in
equity, or other appropriate proceeding for redress . . .
231. Jeremy Laintz was a citizen of the United States and Defendants are persons for
the purposes of 42 U.S.C. § 1983.
232. Each Defendant to this claim, at all times relevant hereto, was acting under color
of state law.
233. Mr. Laintz was a pre-trial detainee for at least most of his incarceration.
234. During all times when his status was that of a pre-trial detainee, Mr. Laintz was
protected from deliberate indifference to his known serious medical needs by the Fourteenth
Amendment. To the extent his status changed from a pretrial detainee to a convicted inmate, Mr.
Laintz was protected from deliberate indifference to his known serious medical needs by the
Eighth Amendment.
45
235. Under the Fourteenth Amendment, Mr. Laintz was also protected from conduct
that is not rationally related to a legitimate nonpunitive governmental purpose, or actions that
appear excessive in relation to that purpose under Kingsley v. Hendrickson, 135 S. Ct. 2466,
2473 (2015).
236. Individual Deputy Defendants are not entitled to qualified immunity because their
conduct was clearly established to be unconstitutional at the time of Mr. Laintz’s incarceration.
237. There is no qualified immunity for private actors working in a jail.
238. As a result of the allegations contained in this Complaint, Individual Defendants
are liable under 42 U.S.C. § 1983 for the violation of Mr. Laintz’s rights under the Fourteenth
and Eighth Amendment by acting with deliberate indifference to his serious medical needs and
disregarding the excessive risks associated with his serious and life-threatening medical
condition, despite being expressly aware of Plaintiff’s known serious medical needs and obvious
need for the same.
239. As a result of the allegations contained in this Complaint, Individual Defendants
are liable under 42 U.S.C. § 1983 for the violation of Mr. Laintz’s rights under the Fourteenth by
engaging in conduct that was objectively unreasonable and not rationally related to a legitimate
nonpunitive governmental purpose.
240. All of the Individual Defendants named in this Complaint personally participated
in the constitutional deprivations described herein.
241. Defendants Tessier and Klase-Freeman also played a supervisory role over other
individuals (including, but not limited to, other individual defendants). These Defendants
actively participated in the unconstitutional conduct described in this complaint and they
46
acquiesced in the constitutionally offensive conduct by personally directing it, tacitly authorizing
it, or otherwise failing to train or supervise their subordinates – thereby giving rise to individual
supervisory liability for the constitutional deprivations alleged herein.
242. The acts or omissions of these Defendants were the legal and proximate cause of
Mr. Laintz’s injuries and losses.
243. As a direct and proximate result of these Defendants’ unlawful conduct, Plaintiff
has suffered injuries and losses entitling him to recover his compensatory and special damages,
including for permanent disabilities, extreme physical pain and suffering, loss of enjoyment of
life, ongoing emotional distresss, lost earnings and diminished or lost earnings capacity for his
expected productive working lifetime, and other special damages, all in amounts to be proven at
trial.
244. Plaintiff is entitled to attorneys’ fees and costs pursuant to 42 U.S.C.§1988, pre-
judgment interest and costs as allowable by federal law.
245. Plaintiff is also entitled to punitive damages against these Defendants, in that their
actions were taken maliciously, willfully or with a reckless or wanton disregard of the
constitutional rights of Plaintiff.
SECOND CLAIM FOR RELIEF

Violation of 42 U.S.C. § 1983
Monell Liability – 8th and 14th Amendments
(Plaintiff against CHP and Pueblo County Defendants)
forth herein.
247. 42 U.S.C. § 1983 provides that:
Every person, who under color of any statute, ordinance, regulation, custom or
47
usage of any state or territory or the District of Columbia subjects or causes to be

subjected any citizen of the United States or other person within the jurisdiction
thereof to the deprivation of any rights, privileges or immunities secured by the
constitution and law shall be liable to the party injured in an action at law, suit in
equity, or other appropriate proceeding for redress . . .
248. Mr. Laintz was a citizen of the United States and the entity Defendants to this
claim were persons acting under color of state law for the purposes of 42 U.S.C. §1983.
249. Mr. Laintz was a pre-trial detainee for at least most of his incarceration.
250. During all times when his status was that of a pre-trial detainee, Mr. Laintz was
protected from deliberate indifference to his known serious medical needs by the Fourteenth
Amendment. To the extent his status changed from a pretrial detainee to a convicted inmate, Mr.
Laintz was protected from deliberate indifference to his known serious medical needs by the
Eighth Amendment.
251. Under the Fourteenth Amendment, Mr. Laintz was also protected from conduct
that is not rationally related to a legitimate nonpunitive governmental purpose or actions that
appear excessive in relation to that purpose under Kingsley v. Hendrickson, 135 S. Ct. 2466,
2473 (2015).
252. As a result of the allegations contained in this Complaint, Defendants hereto are
liable under 42 U.S.C. § 1983 for maintaining deliberately indifferent policies, practices,
customs and training that resulted in the violation of Mr. Laintz’s Fourteenth and Eighth
Amendment right to adequate medical care and to humane conditions of confinement.
253. These Defendants knew that the aforementioned policies, practices, and customs
posed a substantial risk of serious harm to inmates like Mr. Laintz, and it was obvious that such
harm would occur. Nevertheless, Defendants failed to take reasonable steps to alleviate those
48
risks of harm. There is an affirmative causal link between the deliberate indifference of the
individual health care workers and deputy defendants towards Mr. Laintz’s medical needs and
the policies, practices, and customs described herein. All acts or omissions committed by
Defendants were the direct and proximate result of Mr. Laintz’s damages.
254. In the light of the duties assigned to individual healh care workers and deputies,
the need for more or different training and supervision of them by Pueblo County Defendants
and CHP was so obvious and so likely to result in constitutional violations that failure to do so
by Pueblo County Defendants and CHP was deliberately indifferent to the rights of the relevant
public and a moving force in the injuries to Mr. Laintz.
255. Pueblo County Defendants’ and CHP’s policies, practices, habits, customs,
widespread usages, and lack of training and supervision that resulted in the failure to provide
proper medical care to treat Mr. Laintz’s known serious medical needs were not rationally
related to a legitimate nonpunitive governmental purpose.
256. Defendants ratified the unconstitutional conduct of their employees, agents,
and/or subcontractors with regard to the unconstitutional conduct visited upon Mr. Laintz, as
they approved of the conduct and the basis for it.
257. The Pueblo County Defendants are also non delegably liable for the constitutional
violations of CHP.
258. The unconstitutional acts and omissions of Pueblo County Defendants and CHP
were moving forces in the unconstitutional acts of the individual defendants.
259. As a direct and proximate result of these Defendants’ unlawful acts and
omissions, Plaintiff has suffered injuries and losses entitling him to recover his compensatory
49
and special damages, including for permanent disabilities, extreme physical pain and suffering,
loss of enjoyment of life, ongoing emotional distresss, lost earnings and diminished or lost
earnings capacity for his expected productive working lifetime, and other special damages, all in
amounts to be proven at trial.
260. Plaintiff is entitled to attorneys’ fees and costs pursuant to 42 U.S.C.§1988, pre-
judgment interest and costs as allowable by federal law.
261. Plaintiff is also entitled to punitive damages against CHP, in that their actions
were taken maliciously, willfully or with a reckless or wanton disregard of the constitutional
rights of Plaintiff.
THIRD CLAIM FOR RELIEF

Negligence
(Plaintiff against CHP and Individual Medical Defendants)
forth herein.
263. CHP is a private corporation that contracts with Pueblo County to provide
medical care and health services to inmates at the Pueblo Jail.
264. CHP is vicariously liable for the negligent acts and omissions by their agents
and/or employees, including but not limited to, Individual Medical Defendants.
265. Individual Medical Defendants are private individuals, not governmental actors,
and are therefore not entitled to any immunity under the CGIA.
266. At all times relevant to this action, Mr. Laintz was under the medical
responsibility, care, and treatment of Defendants hereto.
50
267. Individual Medical Defendants and other private medical care workers had a duty
to provide care to inmates at the Pueblo Jail, including Mr. Laintz.
268. Individual Medical Defendants had a PA-patient, nurse-patient or EMT-patient
relationship with Mr. Laintz and were acting within the scope of their employment.
269. With respect to their care and treatment of Mr. Laintz, Individual Medical
Defendants owed him a duty to exercise the degree of care, skill, caution, diligence, and
foresight exercised by and expected of medical personnel in similar situations. Through their
actions and omissions, Individual Medical Defendants breached their respective standards of care
and were negligent in failing to properly assess, monitor, treat, and care for Mr. Laintz.
270. These duties of care are informed by state law. Under C.R.S. § 16-3-401,
“prisoners arrests or in custody shall be treated humanely and provided with adequate food,
shelter, and, if required, medical treatment.” The provision of adequate medical treatment and
humane care is a statutory obligation.
271. CHP also had a duty to implement reasonable policies and exercise reasonable
care in the training of medical workers at the Pueblo jail. CHP breached its duty to exercise
reasonable care in the training of medical workers in a manner that provided the inmates under
their care with reasonable medical care and treatment.
272. As a direct and proximate result of these Defendants’ unlawful acts and
omissions, Plaintiff has suffered injuries and losses entitling him to recover his compensatory
and special damages, including for permanent disabilities, extreme physical pain and suffering,
loss of enjoyment of life, ongoing emotional distress, lost earnings and lost or diminished
51
earnings capacity for his expected productive working lifetime, and other special damages, all in
amounts to be proven at trial as allowed under Colorado law.
PRAYER FOR RELIEF
WHEREFORE, the plaintiff prays that the Court award against defendants:
A. All available compensatory damages, including, but not limited to, all available
damages for pain and suffering, physical, mental and emotional distress, and all other non-
economic and economic damages available under the law;
B. Punitive damages on all federal claims as allowed by law and in an amount to be
determined at trial against all individual defendants and corporate defendants;
C. Punitive damages on state law claims upon suitable amendment after completion
of substantial discovery;
D. Attorneys’ fees and costs;
E. Pre- and post-judgment interest as appropriate; and
F. Any further relief at law or equity that this Court deems just and proper.
PLAINTIFF RESPECTFULLY REQUESTS TRIAL BY JURY.
Respectfully submitted this 21st day of August, 2018.
/s/ Anna Holland Edwards

Anna Holland Edwards
Erica T. Grossman
Holland, Holland Edwards & Grossman, PC
1437 High Street
Denver, CO 80218
anna@hheglaw.com
Phone: (303) 860-1331
Fax: (303) 832-6506
Counsel for Plaintiff
52
CERTIFICATE OF REVIEW
This is to certify that undersigned counsel has conferred, pursuant to Colorado statutes,
with a person who has extensive expertise in the areas of alleged negligence and deliberate
indifference to serious medical needs and that this professional has reviewed the known facts,
including such records, documents, and other materials as he has found to be relevant to the
complaint allegations of negligent acts and omissions, and has concluded that the filing of these
claims do not lack substantial justification and in fact are substantially meritorious and involve
clear violations of the standards of care involved.
/s/ Anna Holland Edwards

Anna Holland Edwards
53

Jeremy Laintz v. Correctional Health Partners LLC, Et. Al.

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Case 1:18-cv-02122 Document 1 Filed 08/21/18 USDC Colorado Page 1 of 53

IN THE UNITED STATES DISTRICT COURT

Civil Action No. 18-cv-2122

CORRECTIONAL HEALTH PARTNERS, LLC

MONICA SOSA, individually;

[FIRST NAME UNKNOWN] RAEL, individually;

COMPLAINT AND JURY DEMAND

PC, complains against Defendants and request a trial by jury as follows:

grew increasingly sick and near death.

override the medical team and send him to the hospital.

transported him by Flight for Life to St. Anthony Hospital in Denver.

required a tracheostomy tube, a feeding tube, and is now permanently disabled.

II. JURISDICTION AND VENUE

omissions occurred and in which Defendants maintain offices and/or reside.

8. Supplemental pendent jurisdiction is based on 28 U.S.C. §1367 because the

common nucleus of operative facts.

Colorado and a citizen of the United States of America.

11. The Defendant Board of County Commissioners of the County of Pueblo,

the proper party in an action against Pueblo County.

or “Pueblo County Defendants.”

requirements of the United States Constitution.

private corporation and not entitled to immunity under the CGIA.

Defendant was acting under color of state law.

Pillsbury, RN, Jennifer Scott, RN.

color of state law.

color of state law.

color of state law.

color of state law.

color of state law.

color of state law.

33. Defendants Alana Klase-Freeman, David Tessier, Briana Boughton, Steve

October 17 to November 1, 2016.

[First name unknown] Deleon, S. Gonzales, B. Ruiz-Fernandez, Mary Kay Deverich, M.

IV. STATEMENT OF FACTS

County Jail specifically, is IV drug use.

of herein, over 30% of inmates were on heroin.

detention workers in the Pueblo jail.

(“NP”), Physicians’ Assistants (“PA”), and doctors.

injury and death if untreated.

drug user, and must be timely medically evaluated.

possible infection and order appropriate testing and/or treatment.

breathing, fatigue, fever, chills, sweating and/or heart murmur.

must be immediately evaluated by a medical provider.

treated or a person is likely to suffer serious injury or death.

other treatment is necessary to address the cause of an illness or complaint.

a provider can cause serious injury or death.

tremors and anxiety during drug withdrawal.

scale, and moderate withdrawal is indicated by a score of 13-24.

must be done with approval of provider Klase-Freeman.

63. A pulse over 100 is an abnormal vital sign.

and well-known reason for a person to have an elevated pulse.

throughout his incarceration.

which is considered “very high” on the COWS scale.

higher level medical provider.

also not communicated to a provider.

detoxification process and most of his other withdrawal symptoms subsided.

charted that his pain was “moderate.”

99.2, and again had an elevated pulse of 109.

symptoms well-known to be associated with infections.

chest pain, or trouble breathing.

89. Alternatively, EMT Boughton did not communicate or intentionally

downplayed/mischaracterized to PA Klase-Freeman that Mr. Laintz was reporting intense pain

level provider, and failure to do so is a complete abdication of their gatekeeper role.