CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the
foregoing was faxed, e-mailed and/or mailed this Ot day of

April, 2010 to all parties on the service »
C Apter
KAREN Gfevers
Fla. Bar No.: 262005

SERVICE LIST

Roy D. Wasson, Esq. John S. Stevens, Esq.

Annabel C. Majewski, Esq. Jonathan C. Abel, Esq.
Co-counsel for Plaintiff Counsel for Defendant

Wasson & Associates Conroy, Simberg, Ganon, Krevans,
Courthouse Plaza - Suite 600 Abel, Lurvey, Morrow & Schefer
28 West Flagler Street 3440 Hollywood Blvd.

Miami, FL 33130 Second Floor

T - 305-666-5053 Hollywood, FL 33021

F - 305-666-9511 T - 954-518-1400

roy@wassonandassociates.com F - 954-518-8640
istevens@conroysimberg.com

jabel@conroysimberg.com

CERTIFICATE OF GOOD FAITH

I hereby certify that counsel for Plaintiff has made a
reasonable investigation as permitted by the circumstances
which gave rise to a good faith belief that grounds exist for
this medical negligence action against DJJ, sufficient to meet
the criteria of Chapter 766, Florida Staiytes to the extent

applicable.

KAREN GIEVERS
Fla. Bar No.: 262005

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PROFESSIONAL ASSOCIATION


were identified and treated in that capacity.

61. As a result of Defendant Quiray’s disregard of and
indifference to Plaintiff’s constitutionally protected liberty
interests and due process right to be provided with proper
care, to be safe and free from harm, Plaintiff David Clegg’s
medical needs were ignored, he was instead subjected to
ridicule and inattention as he continued to lose weight, have
trouble eating and have trouble controlling his bladder and
bowels.

62. Plaintiffs have had to retain counsel and is
entitled to reimbursement of a reasonable attorneys fee,
pursuant to 42 USC §1988.

COUNT VIIT - CIVIL RIGHTS CLAIMS AGAINST DEFENDANT ELLIS
Plaintiffs reallege paragraphs 1 through 34, and
further state:

63. At all times material, Defendant Clinic Director,
Ellis had a duty to Plaintiff Clegg to make sure his needs
were properly identified and treated.

64. Defendant Ellis personally participated in Plaintiff
Clegg’s case and knew by October 27 that he decompensating and
needed services that were not being provided, yet did take
needed action to provide the care needed.

65. As a result of Defendant Ellis’ disregard of and

indifference to Plaintiff’s constitutionally protected liberty

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to properly provide appropriate guidelines and job standards
for proper performance of their job in a manner sufficient to
meet the needs of Plaintiff Clegg.

26. During the time that Plaintiff David Clegg was in
the custody and care of DJJ/Gulf Center officials, Gulf Center
denied access to proper medical care for his mental illness,
in that:

a. At the outset of Plaintiff Clegg’s stay at Gulf
Center, a Comprehensive Behavioral Health Assessment
[CBHA] was required by Florida law and by DJJ and Gulf
Center procedures;

b. Defendant Zaslaw was the Gulf Center employee
expected to obtain the CBHA; the supervisors and other
members of the treatment team were expected to make sure
the CBHA was properly completed;

c. By September 5, 2008, the Defendants knew that
Plaintiff Clegg would not communicate with his therapist,
and knew that Defendant Zaslaw should have completed a
CBHA and made appropriate treatment referrals, but had
not;

d. After the initial few weeks, Plaintiff Clegg’s
condition noticeably worsened; one teacher observed that
Plaintiff Clegg was worse than he was, would sit in class

and rock back and forth, without being responsive, and

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77. At all times material, Defendant DJJ through its
agents and employees, took upon itself the responsibility to
provide proper medical care to Plaintiff Clegg.

78. Defendant DJJ acting through its agents, deviated
from acceptable standards of care and did not provide
Plaintiff Clegg with needed psychological care and treatment.

79. Defendant DJJ, acting through its agents, deviated
from acceptable standards of care and withheld proper
psychological care from Plaintiff Clegg, instead subjecting
him to chemical controls not intended to or effective in
meeting his needs.

80. DJJ’s failure to use the necessary reasonable care
to provide proper psychological services to Plaintiff Clegg,
caused or contributed to Plaintiff Clegg suffering a psychotic
break that was more severe and longer lasting that would
otherwise have been the case, causing Plaintiff Clegg to
suffer the damages set forth in paragraph 76.

COUNT X - CLAIMS OF SHARON ALLEN
Plaintiffs reallege paragraphs 1 through 34 and further
state:

81. At all times material, Plaintiff Sharon Allen was
and is David’s parent.

82. At all times material, Plaintiff parent had and have

the legal obligation to provide for the needs of her minor

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interests and due process right to be provided with proper
care, to be safe and free from harm, Plaintiff David Clegg’s
medical needs were ignored, he was instead subjected to
ridicule and inattention as he continued to lose weight, have
trouble eating and have trouble controlling his bladder and
bowels.

44, Plaintiffs have had to retain counsel and is
entitled to reimbursement of a reasonable attorneys fee,
pursuant to 42 USC §1988.

COUNT ITI - CIVIL RIGHTS CLAIMS AGAINST DEFENDANT PEREZ
Plaintiffs reallege paragraphs 1 through 34, and
further state:

45. At all times material, Defendant Perez's duties to
Plaintiff included the responsibility of making sure Plaintiff
Clegg’s needs were timely and properly identified and met.

46. As a result of Perez’s disregard of and indifference
to Plaintiff's constitutionally protected liberty interests
and due process right to be provided with proper care, to be
safe and free from harm, Plaintiff David Clegg’s medical needs
were ignored, he was instead subjected to ridicule and
inattention as he continued to lose weight, have trouble
eating and have trouble controlling his bladder and bowels.

47, Plaintiffs have had to retain counsel and is

entitled to reimbursement of a reasonable attorneys fee,

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in the course and scope of their employment at Gulf Center and
were within the course and scope of this agency on behalf of
DJJ.

31. Within two months of being put into the program
Plaintiff David Clegg had lost 30 pounds, due to his mental
illness and the concomitant effect of the manifestations of
his mental illness being ignored by the Defendants.

32. At times material, it was the practice of Gulf
Center and its personnel to use psychotropic medication for
behavior control purposes, instead of providing program
participants such as Plaintiff Clegg with proper assessment
and actual treatment of identified medical conditions and
mental illnesses.

33. At times between the involuntary admission of
Plaintiff Clegg to Gulf Center in August 2008 and his being
“Baker Acted” in mid December 2008, Plaintiff Clegg was
subjected to a chemical control regimen which Defendants knew
was not intended to treat any condition of Plaintiff but only
to chemically restrain him even though no proper assessment
such as a CBHA or appropriate neuropsychological testing had
been done.

Conditions Precedent
34. All conditions precedent, including but not limited

to the giving of notice have been satisfied or complied with.

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indicating he needed professional help.

e. Another teacher noted dramatic withdrawal by
Plaintiff Clegg, that the 17 year old Plaintiff Clegg was
not speaking or participating in class, and required help
to perform even such simple tasks as walking and using
the restroom; and

£. The October treatment team meetings relating to
Plaintiff Clegg included direct participation by
Defendants Zaslaw, Perez, Williams, Ramer, Barefoot and
Ellis, each of whom thereby acquired personal knowledge
of the clear decompensation of the Plaintiff as well as
the failure of identification of Plaintiff Clegg’s
medical needs and the provision of treatment for the
developing problems.

27. At all times material, Defendant Gulf Center acted
through its employees and agents, including those listed above
as well as others.

28. At all times material, Defendant DJJ acted through
its own employees and through its contract agent Gulf Center’s
employees and agents.

29. Pursuant to Section 768.28, Florida Statutes,
subcontractors of DJJ are deemed statutory agents of the State
with respect to negligence actions.

30. At all times, Defendant facility staff were acting

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Plaintiff, including medical needs, during the period of his
minority.

83. As a result of the Defendants’ conduct and resulting
injuries to the minor Plaintiff, the Plaintiff parent incurred
economic damages related to David’s care and treatment and
medical needs and through David’s 18th birthday and her
parental consortium rights were interfered with.

WHEREFORE Plaintiff Clegg demands judgment against
Defendants for his damages, plus costs and, as to the civil
rights claims, attorney’s fees. Plaintiff Allen demands
judgment against Defendants for damages in excess of
$15,000.00, plus costs and, as to the civil rights counts,
attorneys fees.

Plaintiffs request trial by jury of all issues so
triable as of right.

DATED this oth day of April, 2010.

ROY D. WASSON GIEVERS, P.A.

ANNABEL C. MAJEWSKI Counsél ¥or Plaintiff
WASSON & ASSOSICATES, CHARTERED

Co-counsel for Plaintiff , yy a ow
Courthouse Plaza - Suite 600 / LALYLEW

28 West Flagler Street \ KAREN’ GIEVERS

Miami, FL 33130 Fla. Bar No.: 262005
T - 305-666-5053 524 E. College Avenue
F - 305-666-9511 Suite 2

Fla. Bar No.: 332070 Tallahassee, FL 32301
roy@wassonandassociates.com T - 850-222-1961
annabel @wassonandassociates.com F - 850-222-2153

kgievers@karengievers.com

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care, to be safe and free from harm, Plaintiff David Clegg’s
medical needs were ignored, he was instead subjected to
ridicule and inattention as he continued to lose weight, have
trouble eating and have trouble controlling his bladder and
bowels.

39. Plaintiffs have had to retain counsel and is
entitled to reimbursement of a reasonable attorneys fee,
pursuant to 42 USC §1988.

COUNT II - CIVIL RIGHTS CLAIMS AGAINST DEFENDANT ZASLAW
Plaintiffs reallege paragraphs 1 through 34, and
further state:

40. At all times material, Defendant Zaslaw was a state
act or relative to the needs of Plaintiff Clegg.

41. At all times material, Defendant Zazlaw’s duties to
Plaintiff Clegg included required completion of a “bio-
psychosial evaluation”, which was not done or, if done, was
not done properly.

42. The aforedescribed conduct of Defendant Zaslaw in
failing to perform needed tests and to arrange for needed care
was with deliberate indifference to the rights and needs of
the Plaintiff, and violated the civil rights of Plaintiff
Clegg.

43. As a result of Defendant Zaslaw’s disregard of and

indifference to Plaintiff’s constitutionally protected liberty

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

DAVID CLEGG and SHARON ALLEN,

Plaintiffs, CASE NO.: 4:10cv81-RH/WCS
v.
DEPARTMENT OF JUVENILE JUSTICE FIRST AMENDED
and GULF COAST TREATMENT CENTER, COMPLAINT FOR DAMAGES
INC., ASHER ZASLAW, JOHANA PEREZ, (Jury Trial Requested)

KEITH WILLIAMS, KELBY RAMER,
DONNA BAREFOOT, LOURDES QUIRAY,
and ROBERT ELLIS,

Defendants.

/

Plaintiffs DAVID CLEGG [CLEGG] and SHARON ALLEN [ALLEN]
sue Defendants FLORIDA DEPARTMENT OF JUVENILE JUSTICE [DJJ],
GULF COAST TREATMENT CENTER, INC. [GULF CENTER], ASHER ZASLAW
[ZASLAW], JOHANA PEREZ [PEREZ], KEITH WILLIAMS [WILLIAMS],
KELBY RAMER [RAMER], DONNA BAREFOOT [BAREFOOT], LOURDES QUIRAY
[QUIRAY] and ROBERT ELLIS [ELLIS] and alleges:

Jurisdiction

1. This is an action for damages that exceed
$15,000.00, and for other relief within the jurisdiction of
this Court.

2. This case arises from the failure of Defendants to
identify and provide needed care to Plaintiff Clegg while in

the Defendants’ involuntary custody, causing or contributing

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COUNT V - CIVIL RIGHTS CLAIMS AGAINST DEFENDANT RAMER

Plaintiffs reallege paragraphs 1 through 34, and
further state:

52. At all times material, Defendant Ramer knew
Plaintiff Clegg was regressing and that he needed services not
being provided.

53. As a result of Defendant Ramer’s disregard of and
indifference to Plaintiff’s constitutionally protected liberty
interests and due process right to be provided with proper
care, to be safe and free from harm, Plaintiff David Clegg’s
medical needs were ignored, he was instead subjected to
ridicule and inattention as he continued to lose weight, have
trouble eating and have trouble controlling his bladder and
bowels.

54. Plaintiffs have had to retain counsel and is
entitled to reimbursement of a reasonable attorneys fee,
pursuant to 42 USC §1988.

COUNT VI - CIVIL RIGHTS CLAIMS AGAINST DEFENDANT BAREFOOT
Plaintiffs reallege paragraphs 1 through 34, and
further state:

55. At all times material, Defendant Barefoot knew
Plaintiff Clegg was regressing and that he needed services not
being provided, but took no action to help Plaintiff.

56. As a result of Defendant Barefoot’s disregard of and

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pursuant to 42 USC §1988.

COUNT IV - CIVIL RIGHTS CLAIMS AGAINST DEFENDANT WILLIAMS

Plaintiffs reallege paragraphs 1 through 34, and
further state:

48. At all times material, Defendant Williams’ duties to
Plaintiff Clegg included making sure that Plaintiff Clegg’s
needs were identified and met.

49. As clinical director, Defendant Williams personally
participated in staff meetings relating to Plaintiff Clegg,
and knew Plaintiff Clegg’s needs were not being met, yet took
no action to timely provide Plaintiff Clegg with the services
needed.

50. As a result of Defendant Williams’ disregard of and
indifference to Plaintiff’s constitutionally protected liberty
interests and due process right to be provided with proper
care, to be safe and free from harm, Plaintiff David Clegg’s
medical needs were ignored, he was instead subjected to
ridicule and inattention as he continued to lose weight, have
trouble eating and have trouble controlling his bladder and
bowels.

51. Plaintiffs have had to retain counsel and is
entitled to reimbursement of a reasonable attorneys fee,

pursuant to 42 USC §1988.

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COUNT I ~ CLAIMS AGAINST GULF CENTER FOR CIVIL RIGHTS
VIOLATIONS PURSUANT TO 42 U.S.C. §1983

Plaintiffs reallege paragraphs 1 through 34 and further
allege:

35. At all times material, Defendant Gulf Center and its
staff including but not limited to the therapist, program
director, case manager and medical staff were acting under
color of State law while acting as the physical custodian of
the Plaintiff David Clegg, who was involuntarily in the
physical custody of Gulf Center.

36. At all times material, Plaintiff David Clegg had a
constitutionally protected right under the United States
Constitution (as amended) to be safe and free from harm while
in the involuntary custody of Gulf Center, and to have his
medical issues timely and properly assessed and treated.

37. Between August and December 2008, Defendants Gulf
Center and its staff and administrators Zaslaw, Perez,
Williams, Ramer, Barefoot. Quiray and Ellis were aware of the
mental health problems of the Plaintiff, but chose to ignore
them as a matter of policy, thus denying Plaintiff Clegg
access to necessary proactive care needed to minimize the
extent of harm to Plaintiff David Clegg.

38. As a result of Gulf Center’s disregard of and
indifference to Plaintiff's constitutionally protected liberty

interests and due process right to be provided with proper

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19. The program to which DJJ committed Plaintiff was
operated on DJJ’s behalf by Defendant Gulf Center.

20. Prior to transferring physical custody of Plaintiff
to Gulf Center, DJJ was aware that Gulf Center staff were not
properly trained, and were prone to ignore mental health
problems, frequently causing harm to the DJJ youngsters in the
Gulf Center program.

21. The general purpose of the program was to modify
behavior, to teach youth a lesson, and to rehabilitate youth
such as Plaintiff David Clegg, consistent with applicable law.

22. At all times, program officials at Gulf Center were
acting on behalf of both Defendants Gulf Center and DJJ.

23. At all times material, Defendants DJJ and Gulf
Center knew or should have known that the training given to
program officials did not sufficiently provide program
officials necessary information regarding the right of
residents such as Plaintiff to be kept safe and provided with
proper medical care.

24. At all times material, Gulf Center employees/DJJ
therapist Zaslaw, case manager Perez, administrator Keith
Williams, nursing staff Ramer and Barefoot, psychiatrist
Quiray and clinical director Ellis were acting on behalf of
both DJJ and Gulf Center.

25. The staff’s training was inadequate and insufficient

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interests and due process right to be provided with proper
care, to be safe and free from harm, Plaintiff David Clegg’s
medical needs were ignored, he was instead subjected to
ridicule and inattention as he continued to lose weight, have
trouble eating and have trouble controlling his bladder and
bowels.

66. Plaintiffs have had to retain counsel and is
entitled to reimbursement of a reasonable attorneys fee,
pursuant to 42 USC §1988.

COUNT IX = CLAIMS AGAINST DEFENDANT DJJ
A. Direct Negligence
Plaintiffs reallege paragraphs 1 through 34, and
further state:

67. At all times material, Defendant DJJ had a duty to
use reasonable care for the safety of youngsters committed to
it and placed in its custody, including plaintiff.

68. Defendant DJJ also had a duty to properly provide
for the needs of those committed to its legal and physical
custody, including Plaintiff.

69. At all times material, as a principal, Defendant DJJ
was and is directly liable for the acts of its personnel.

70. While Plaintiff David Clegg was in the DJJ/Gulf
Center program, DJJ and Gulf Center had a duty to keep the

Plaintiff safe and free from harm.

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further state:

74. At all times material, DJJ was and is liable for the
actions of its agents acting in the course and scope of their
employment, as DJJ could only act through its agents.

75. At all times material, to the extent the Gulf Center
program personnel were acting in the course and scope of their
agency, on behalf of DJJ, DJJ is vicariously liable.

76. As a result of Defendant DJJ’s negligence and other
misconduct and omissions, Plaintiff was wrongly kept in the
physical custody of the abuser and neglectors on DJJ/Gulf
Center’s staff, was wrongly placed at risk, and was subjected
to assaults with dangerous medication being improperly used as
chemical restraints and humiliation, suffered bodily injury,
resulting in pain and suffering, psychological trauma, mental
anguish and emotional distress, reduction in his capacity for
the enjoyment of life, expense of medical care, psychiatric
and psychological care, loss of ability to earn money, and
reduction of his ability to maximize his potential. The
losses are permanent and continuing in nature and are
unapportionable, and the Plaintiff will suffer the losses in
the future.

C. Medical Negligence Claim Against DJJ
Plaintiffs reallege paragraphs 1 through 34, and

further state:

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10. At all times material, Defendant Zaslaw was the
therapist assigned to Plaintiff Clegg.

11. At all times material, Defendant Perez was the case
manager assigned to Plaintiff Clegg.

12. At all times material, Defendant Williams served as
the Gulf Center Program Director and Administrator.

13. At times material during Plaintiff Clegg’s stay at
Gulf Center, Defendants Ramer and Barefoot were licensed
practical nurses assigned to Plaintiff Clegg.

14. At all times material, Defendant Quiray was a
psychiatrist affiliated with Gulf Center.

15. At all times, Defendant Ellis was the clinic
director for Gulf Center.

Factual Background

16. The pertinent contract between DJJ and Gulf Center
required Gulf Center to operate a program for certain youth,
in exchange for which DJJ would pay Gulf Center.

17. On or about August 18, 2008, the Plaintiff David
Clegg was committed to DJJ, which placed him in its DJJ
substance abuse program operated by Gulf Center.

18. DJJ placed the Plaintiff in the Gulf Center
Adolescent Substance Abuse Program [known as ASAP] program for
a five month period, with DJJ maintaining legal custody of the

Plaintiff.

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to damage he sustained as a result.

3. The right of Plaintiff Clegg to have his needs for
medical care properly identified and met is protected by state
and federal law and by due process and related provisions in
the United States and Florida constitutions.

4. Consequently, the complaint includes claims pursuant
to state law as well as federal law.

5. This Court has jurisdiction of the federal claims
pursuant to 28 U.S.C. §1331, and has pendent jurisdiction of
the state law claims.

The Parties

6. Plaintiff David Clegg is a youngster denied proper
care, to his detriment.

7. Plaintiff Sharon Allen, the mother of David Clegg,
suffered economic damages as a result of the Defendants’
negligence and other misconduct which caused or contributed to
injuries to the then-minor Plaintiff.

8. At all times material, Defendant’s Gulf Center had a
contractual relationship with DJJ whereby Gulf Center, acting
as an express contractual agent of DJJ, was to provide certain
residential program services to youngsters, including
Plaintiff David Clegg.

9. The pertinent DJJ/Gulf Center contract is hereby

incorporated by reference.

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indifference to Plaintiff's constitutionally protected liberty
interests and due process right to be provided with proper
care, to be safe and free from harm, Plaintiff David Clegg’s
medical needs were ignored, he was instead subjected to
ridicule and inattention as he continued to lose weight, have
trouble eating and have trouble controlling his bladder and
bowels.

57. Plaintiffs have had to retain counsel and is
entitled to reimbursement of a reasonable attorneys fee,
pursuant to 42 USC §1988.

COUNT VII - CIVIL RIGHTS CLAIMS AGAINST DEFENDANT QUIRAY
Plaintiffs reallege paragraphs 1 through 34, and
further state:

58. At all times material, Defendant Quiray knew that
Plaintiff Clegg was disintegrating and needed a proper
psychological assessment for proper diagnosis and treatment of
his needs.

59. Notwithstanding, Defendant Quiray chose to ignore
the need for neuropsychological testing and the CBHA and
instead began subjecting Plaintiff Clegg to medications used
as chemical restraints, without ever properly identifying the
illness afflicting Plaintiff Clegg.

60. At all times material, Defendant Quiray’s duties

included making sure that Plaintiff Clegg’s needs for services

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71. At all times material, Defendants DJJ and Gulf
Center had a duty to provide appropriate enough security,
monitoring and supervision that Plaintiff David Clegg would be
safe and properly cared for.

72. Defendant DJJ negligently breached the duty it owed
Plaintiff in that:

a. DJJ failed to keep Plaintiff safe from harm
while Plaintiff was committed to DJJ’s custody;

b. DJJ placed Plaintiff into the custody of
Gulf Center without taking appropriate action for
the safety of the Plaintiff;

c. DJJ negligently failed to monitor the
adequacy of care and training provided by Gulf
Center to its employees; and

d. DJJ failed to protect Plaintiff from harm
humiliation, ridicule and embarrassment.

73. But for DJJ’s negligence and disregard, Plaintiff
would not have been harmed and subjected to abusive, improper
acts while in DJJ’s custody, his medical needs would not have
been neglected and Plaintiff would not have suffered the
damages set forth in paragraph 76, incorporated here by
reference.

B. Vicarious Liability Claims Against DJJ

Plaintiffs reallege paragraphs 1 through 34, and

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