Case 3:16-cv-00648-YY

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Filed 04/14/16

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Juan C. Chavez, OSB #136428

Email: chavezlawpdx@gmail.com
1130 SW Morrison St., Ste. 407
Portland, OR 97205
Telephone: 971-599-3358
Facsimile: 971-275-1839
Attorney for Plaintiff

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
LINDA ANNE BOND,

Case No.

Plaintiffs,
COMPLAINT

v.

STATE OF OREGON; DR. STEVE SHELTON; Civil Rights Action (42 U.S.C. 1983)
DR. ROBERT SNIDER; DR. ELIZABETH State Tort Claim (Medical Malpractice)
SAZIE; BEV SMITH, FNP; DR. REED
DEMAND FOR JURY TRIAL
PAULSON; and JOHN DOES 1-10,
Defendants.

This is a civil rights and state tort law action against the above-named actors concerning their
negligent and deliberately indifferent treatment of a prisoner. Ms. Bond had her kidney removed
because of the Defendants disgracefully poor treatment, or non-treatment, of her kidney stone.
As a result, Ms. Bond lost her kidney to a condition that modern medicine would have prevented.
JURISDICTION
1.

This court has jurisdiction over the subject matter of this Complaint under 42 U.S.C.

1983, and 28 U.S.C. 1331, 1343(a)(3), (4), and supplemental jurisdiction over the state law
claim under 28 U.S.C. 1367(a).
Page 1

COMPLAINT

Juan C. Chavez
OSB 136428
chavezlawpdx@gmail.com
971.599.3358
1130 SW Morrison St, Ste 407
Portland, OR 97205

Case 3:16-cv-00648-YY

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VENUE
2.

Venue is proper within the District of Oregon because all of the events giving rise to this

claim occurred in this judicial district, and all defendants reside in this judicial district. 28 U.S.C.
1391(b). The acts and practices alleged herein occurred in Coffee Creek Correctional Facility,
Washington County, Oregon.
PARTIES
3.

Linda Bond, Plaintiff, is a citizen of the State of Oregon, and at the time of filing lives at

the Coffee Creek Correctional Facility. Her SID Number is 19536446.

4.

Defendant State of Oregon operates the Oregon Department of Corrections (ODOC)

facilities. At all times relevant, the State of Oregon was obligated and owed a special duty to
protect prisoners from harm.
5.

All acts, transactions, and occurrences took place at the State of Oregon Department of

Corrections Coffee Creek Correctional Facility, which is operated by Defendant State of Oregon
in Wilsonville, Washington County, OR. At all material times Defendant State of Oregon acted
through agents and employees who at all material times acted within the course and scope of
their agency and employment for Defendant State of Oregon.
6.

Plaintiff gave Defendant State of Oregon a timely Tort Claim Notice.

7.

Defendant Steve Shelton, M.D. is the medical director and employee of the Oregon

Department of Corrections (ODOC), and is sued in his individual capacity. He is responsible for
all medical decisions within ODOC. At all times relevant, he was acting under color of law.
8.

Robert Snider, M.D. is a physician and employee of ODOC, and is sued in his individual

capacity. At all times relevant, he was acting under color of law.

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COMPLAINT

Juan C. Chavez
OSB 136428
chavezlawpdx@gmail.com
971.599.3358
1130 SW Morrison St, Ste 407
Portland, OR 97205

Case 3:16-cv-00648-YY

9.

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Elizabeth Sazie, M.D. is a physician and employee of ODOC and is sued in her

individual capacity. At all times relevant, she was acting under color of law.
10.

Bev Smith, FNP is a nurse practitioner and employee of ODOC, and is sued in her

individual capacity. At all times relevant, she was acting under color of law.
11.

Reed Paulson, M.D. is a physician and employee of ODOC and is sued in her individual

capacity. At all times relevant, he was acting under color of law.

12.

Plaintiff does not know the true names and capacities of Defendants sued herein as John

Does 1-10, and therefore sues these Defendants by fictitious names. John Does 1-10 are sued in
their individual capacity, and are State Government personnel who exercised command
responsibility over, conspired with, aided and abetted subordinates, and/or directly or indirectly
participated in Plaintiffs deprivation of civil rights as hereinafter alleged.
FACTUAL ALLEGATIONS
13.

On December 17, 2013, Plaintiff was transported to Coffee Creek Correctional Facility,

which is operated by Defendants. Prior to her internment at Coffee Creek, Plaintiff was
incarcerated at the Douglas County Jail, in Roseburg, OR. While at the Douglas County Jail,
Plaintiff had begun to feel an intense pain in her abdomen. After reviewing radiographic images
of Plaintiffs abdomen, the Douglas County Jails medical staff assessed that Plaintiff had a large
kidney stone in her left kidney. Defendants were aware of this assessment when Plaintiff was
transferred to Coffee Creek.
14.

On January 23, 2014, Defendants took an X-ray of Plaintiffs kidney. The X-ray revealed

a large calcification in the left renal midpole, and several small calcifications in the pelvic veins,
called phleboliths. Plaintiff had blood in her urine, severe pain in her abdomen, and fevers.

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COMPLAINT

Juan C. Chavez
OSB 136428
chavezlawpdx@gmail.com
971.599.3358
1130 SW Morrison St, Ste 407
Portland, OR 97205

Case 3:16-cv-00648-YY

15.

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Defendants treatments following this discovery were negligible. The dimensions of the

kidney stone were of such that removal through less-invasive means, such as but not limited to a
percutaneous nephrolithotomy, was necessary, and available. Instead the Defendants provided no
treatment to Plaintiff beyond occasional pain medicine. Defendants made no record of tracking
her kidneys condition, made no effort to treat the underlying medical issue of a kidney stone,
and ignored Plaintiffs requests for further treatment, often made in writing.
16.

Plaintiffs condition persisted for many months. After repeated denials of treatment,

Plaintiff became discouraged and depressed. Plaintiff fell further into illness. In or around
October 2014, Plaintiff was in severe pain again. Plaintiff had difficulty ambulating through the
facility. A Correctional Officer noticed Plaintiffs difficulty walking, and insisted that one of the
nurses at the facility check her condition.
17.

At the insistence of the Correctional Officer, Defendants examined Plaintiff and again

discovered that she was suffering from abdominal pain. Defendants found a severe infection in
Plaintiffs kidney. Defendants sent Plaintiff to receive another X-ray on November 17, 2014.
18.

The X-ray revealed that the same stone that existed in January of that year, a full eleven

months prior, was still present and unchanged in the left kidney, as Plaintiff had relayed to
Defendants in the months prior.
19.

Throughout her treatment, Plaintiff had implored the individually-named Defendants, all

of whom treated Plaintiff or made decisions regarding her treatment, to address her symptoms.
The named doctors and nurses reviewed her medical chart, included those provided by Douglas
County, indicating that Plaintiff had a large kidney stone and that she was symptomatic of a
dangerous kidney infection. As medical director, Dr. Shelton sits on all of the committees across
the state correctional facilities that determines as to whether or not a prisoner receives medical
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COMPLAINT

Juan C. Chavez
OSB 136428
chavezlawpdx@gmail.com
971.599.3358
1130 SW Morrison St, Ste 407
Portland, OR 97205

Case 3:16-cv-00648-YY

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treatment. The individually-named Doctor Defendants took no steps to treat Plaintiffs condition
beyond the initial January X-Ray until the above-mentioned Correctional Officer advocated for
her.
20.

Defendants sent Plaintiff to a doctor at Tualatins Legacy Meridian Park, whom

examined Plaintiff. The doctor recognized that the kidney stone had blocked Plaintiffs left
kidney function, and developed a perirenal abscess that extended to a splenic abscess, requiring
that the left kidney be removed as a whole.
21.

On December 23, 2014, Plaintiff received surgery, called a nephrectomy, at Legacy

Meridian, and had her left kidney removed.

22.

Plaintiff suffered considerable pain all through the ordeal, and ultimately lost her left

kidney. Prior to succumbing to the severe pain of her kidney issues, Plaintiff worked in the
Coffee Creek facility in Computer Automated Drafting for the company Oregon Correctional
Enterprises, and developed a stream income of $36 a month. Plaintiff had to miss work to receive
surgery. Prior to her incarceration, Plaintiff had owned a business in Boise, ID, and intended to
return to business ownership after incarceration.
23.

Removal of the kidney, in addition to general post-operative dangers, often leads to

hypertension, a condition that decreases a patients life expectancy.

CLAIMS FOR RELIEF

24.

CLAIM 1
(Negligence: Medical Malpractice)
Plaintiff restates and incorporates here the allegations in paragraphs 1 through 23.

25.

The agents and employees of Defendants State of Oregon were negligent in the following

particulars:
a.
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In not properly monitoring Plaintiffs condition;

COMPLAINT

Juan C. Chavez
OSB 136428
chavezlawpdx@gmail.com
971.599.3358
1130 SW Morrison St, Ste 407
Portland, OR 97205

Case 3:16-cv-00648-YY

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Filed 04/14/16

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b.

In not adequately questioning Plaintiff about her symptoms;

c.

In not adequately examining Plaintiff;

d.

In ignoring information about Plaintiff provided by other inmates;

e.

In failing to accurately document symptoms in Plaintiffs medical file;

In not providing Plaintiff any follow-up care or investigation into her kidney
stones non-passage between January 28, 2014 and October of 2014;

g.

In not referring Plaintiffs persistent kidney stone related issues to a urologist

sooner than December of 2014;

h.

In not managing Plaintiffs pain;

i.

In failing to oversee and supervise the provision of health care in Coffee Creek
Correctional Facility;

j.

In failing to adequately train staff at the Coffee Creek Correctional Facility to

recognize, report, and treat serious physical illnesses such as large kidney stones,
pain and tenderness in the left abdomen of a person diagnosed with a large kidney
stone, persistent blood in the urine of a patient diagnosed with a large kidney
stone, persistent fever in a patient diagnosed with a large kidney stone, and the
signs of infection in a person diagnosed with a large kidney stone; and

k.
26.

In creating the conditions that ultimately led to the removal of Plaintiffs kidney.

The Defendants were aware of the substantial risk of harm to Plaintiff through one or

more of the following circumstances or symptoms displayed to them by Plaintiff or reported to

them:
a.

From the medical records provided to Defendants by the Douglas County

Jail;

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COMPLAINT

Juan C. Chavez
OSB 136428
chavezlawpdx@gmail.com
971.599.3358
1130 SW Morrison St, Ste 407
Portland, OR 97205

Case 3:16-cv-00648-YY

Document 1

Filed 04/14/16

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a.

From the large calcification present in the January 28, 2014 X-Ray;

b.

From the consistent pain and tenderness of Plaintiffs left-side of her

abdomen;

d.

From Plaintiffs facial expressions of anxiety, pain, and discomfort;

e.

From Plaintiffs frequent requests for additional treatment or medical

attention;

27.

f.

From the recurring fevers Plaintiff suffered throughout 2014; and

g.

From the recurring blood in Plaintiffs urine.

The State of Oregon owes Plaintiff a higher standard of care because of the nature of

incarceration. As a ward of the State, Defendant manages all aspects of Plaintiffs health care,
and decides when a request for a medical appointment should be granted. Had Plaintiff been a
free person, she would have sought the appropriate treatment immediately and had some form of
treatment rendered. However, as an incarcerated person, when Plaintiff sought treatment while in
Defendants facility her pleas for treatment were unmet. Defendant voluntarily took the custody
of Plaintiff under circumstances such as to deprive Plaintiff of normal opportunities for
protection, and created a non-delegable duty to ensure that Plaintiff was able to access adequate
medical care while incarcerated. Defendant did not meet its obligation to provide for healthcare,
including medical, dental, mental health care and pharmacy services, that compl[ies] with
appropriate professional standards. OAR 291-124-0016(1)(c).
28.

State of Oregons agents and employees knew, or should have known that their acts and

omissions would result in a foreseeable risk of harm to Plaintiff. Kidney stone treatment should
rarely result in the full removal of the kidney in 2014, the year in which the surgery occurred.
However, neglect of a kidney stone foreseeably leads to the loss of the kidney. Had Plaintiffs
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COMPLAINT

Juan C. Chavez
OSB 136428
chavezlawpdx@gmail.com
971.599.3358
1130 SW Morrison St, Ste 407
Portland, OR 97205

Case 3:16-cv-00648-YY

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claims been taken seriously, and had Defendants properly treated Plaintiff, Plaintiff would have
simply passed her kidney stone as most modern patients do.
29.

State of Oregons agents and employees conduct was unreasonable in light of the risk of

harm to Plaintiff. Defendant controlled all aspects of Plaintiffs medical care. Plaintiffs kidney
stones could have been easily managed with a number of treatments available in modern medical
facilities. A simple referral to a urologist would have helped determine the need for, and dictated
the terms to, properly treating the kidney stone. Instead, Defendant unreasonably disregarded
Plaintiffs pleas for medical assistance concerning her kidney stone and ignored a very
dangerous medical issue.
30.

But-for the Defendants negligent conduct, Plaintiff had her left kidney removed, and

suffered the pains and indignities of Defendants treatment. Plaintiff took every conceivable step
available to an incarcerated person to advocate for herself, and to seek treatment.
31.

Because of Defendants negligence, Plaintiff suffered and continues to suffer pain

following her nephrectomy. Plaintiff has post-operative pain in her abdomen, difficulty walking,
difficulty sleeping, anxiety, pain, discomfort, frustration at being unable to access adequate
medical care, and fear of permanent injury or death. Plaintiff will likely have a decreased life
expectancy because of the avoidable loss of her kidney.
32.

Plaintiff will incur medical bills following her incarceration to monitor her lost kidney

function and the general perils of post-operative care.

33.

As a direct and proximate result of the defendants acts or omissions, plaintiff has

incurred economic and non-economic damages in an amount to be determined by a jury.

Claim 2
(42 U.S.C. 1983: Deliberate Indifference to a Serious Medical Need)
34.
Page 8

Plaintiff re-alleges and incorporates Paragraphs 1 through 22.

COMPLAINT

Juan C. Chavez
OSB 136428
chavezlawpdx@gmail.com
971.599.3358
1130 SW Morrison St, Ste 407
Portland, OR 97205

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35.

All named-Defendants are persons under within the meaning of 42 U.S.C. 1983.

36.

The individual Defendants were deliberately indifferent to Ms. Bonds serious medical

needs in providing medically unacceptable treatment and prescriptions for Ms. Bonds condition
of kidney stones and the resulting infections. By ignoring the obvious signs and symptoms Ms.
Bond exhibited, the individually-named Defendants were deliberately indifferent to a serious
medical need, and were deliberately indifferent to a serious risk of harm to the plaintiff.
37.

The individually-named Defendants were provided ample and obvious signs of Ms.

Bonds dire conditionoften through Ms. Bonds insistence on requesting medical carebut
made no effort to appropriately treat her condition. Had Plaintiffs claims been taken seriously,
and had Defendants properly treated Plaintiff, Plaintiff would have simply passed her kidney
stone as most modern patients do. Instead, the named-Defendants passed over treatment for
Plaintiff until full removal became necessary.
38.

As a result of the individually-named Defendants indifference, the Defendants violated

Plaintiffs right to be free from cruel and unusual punishment under the Eighth Amendment of
the United States Constitution.
39.

Because of the individually-named Defendants violations of Ms. Bonds rights, Plaintiff

suffered and continues to suffer pain following her nephrectomy. Plaintiff has post-operative
pain in her abdomen, difficulty walking, difficulty sleeping, anxiety, pain, discomfort, frustration
at being unable to access adequate medical care, and fear of permanent injury or death. Plaintiff
will likely have a decreased life expectancy because of the avoidable loss of her kidney.
40.

Plaintiff will incur medical bills following her incarceration to monitor her lost kidney

function and the general perils of post-operative care.

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COMPLAINT

Juan C. Chavez
OSB 136428
chavezlawpdx@gmail.com
971.599.3358
1130 SW Morrison St, Ste 407
Portland, OR 97205

Case 3:16-cv-00648-YY

41.

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As a direct and proximate result of the defendants acts or omissions, plaintiff has

incurred economic and non-economic damages in an amount to be determined by a jury.

CONCLUSION
WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
A.

For economic and non-economic damages in an amount to be determined at trial;

B.

For reasonable attorneys fees and costs pursuant to 42 U.S.C. 1988; and

B.

Such other relief as the court deems just and proper.

DATE: April 14, 2016.

/s/ Juan C. Chavez

_
Juan C. Chavez, OSB #136428
Attorney for Plaintiff
Trial Attorney: Juan C. Chavez

Page 10

COMPLAINT

Juan C. Chavez
OSB 136428
chavezlawpdx@gmail.com
971.599.3358
1130 SW Morrison St, Ste 407
Portland, OR 97205