The lawsuit, filed in March in U. S. District Court for the Western District of Missouri by Kristina Stockton, the mother of the late Forrest Stockton, survived a motion to dismiss June 25.
Stockton alleges Neosho and Newton County officials denied her son proper medical care during a medical episode that occurred while he was high on meth.
Following the death of Stockton, 30, Newton County Sheriff Ken Jennings said suicide had been ruled out as a cause, but he may have died of a drug overdose.
In the lawsuit, Kristina Stockton alleges negligence by Newton County Ambulance, Newton County Sheriff's Office and Neosho Police Department employees, says the city and county failed to properly train employees and claimed her son was denied medical care.
All of them should have recognized there was a serious problem, the lawsuit claims.
Mr. Stockton was intoxicated on methamphetamine and was exhibiting clear signs of acute intoxication, Excited Delirium and/or severe delirium, any of which constitute a serious medical condition.
Listed as defendants in the lawsuit are Newton County Ambulance, Newton County, City of Neosho, EMT Dennis Lake, paramedic Bryan Smith, Newton County Sheriff's Office employees Kelse Renner, Michael Barnett, Steve Lee and Tessa White and Neosho Police Department officers Cody Bunch, Dustin Doty and Rodney Howe.
The details of the allegations are spelled out in the petition:
On June 29, 2018, Defendants Bunch and Doty, commissioned officers with Neosho PD, were dispatched in reference to a disturbance.
They arrived at the dispatch location at approximately 6:01 pm and made contact with Forrest Stockton in the yard of a residence.
Defendants Bunch and Doty immediately noted that Mr. Stockton was lying in the side yard, rolling around, yelling incoherently. His breathing was labored.
Defendant Bunch stated that he believed that Mr. Stockton was “under the influence” but was unsure of the substance. Defendant Bunch watched as Mr. Stockton stood up and leaned against a fence while swaying back and forth.
Mr. Stockton kept jerking his body and moving sporadically. Mr. Stockton then fell on his back and again began rolling around. While rolling around, Mr. Stockton spit up what Defendant Bunch believed to be blood. Defendant Bunch called dispatch for an ambulance from Defendant NCAD.
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According to Defendants Bunch and Doty, Mr. Stockton continued yelling unintelligible words and grunting between statements. Defendant Doty asked Mr. Stockton his last name, and Mr. Stockton replied, “Stockton.”
Defendants Bunch and Doty noted that Mr. Stockton was wet and muddy with ridged muscle tone. He was sweating profusely. Mr. Stockton moved to the backyard and continued to alternately stand, fall, sit, lie down, yell and roll around. His breathing continued to be labored.
Defendant Howe, a commissioned officer and detective with Neosho PD, arrived to assist Defendants Bunch and Doty. Defendant Howe observed Mr. Stockton rolling around on the ground. Defendant Howe stated that he believed Mr. Stockton was on some kind of narcotics based upon the way he was rolling around in the dirt and yelling. Defendant Howe further observed Mr. Stockton yelling unintelligibly and sweating profusely.
At 6:22 p.m., Defendants Lake and Smith, licensed EMS providers with NCAD, arrived to assess Mr. Stockton. Defendant Howe continued to observe Mr. Stockton’s erratic conduct and his interactions with Defendants Bunch, Doty, Lake and Smith.
Defendants Bunch and Doty placed handcuffs on Mr. Stockton without incident for an assessment by Defendants Lake and Smith. Mr. Stockton cooperated while Defendants Lake and Smith stood apart from him and they looked in his nose and mouth for blood. They found none.
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Defendants Lake and Smith never physically touched Mr. Stockton during the entire time of their interaction. They did not take his pulse, blood pressure or any vital signs which would have alerted them to the serious medical condition caused by his methamphetamine intoxication. Defendant Doty noted that Defendant Smith stated, “Other than the drugs he’s on, that’s all that’s wrong with him.” Defendants Lake and Smith believed that Mr. Stockton’s behavior was the result of drug intoxication. They failed to perform any actions to determine the extent of his intoxication even though Mr. Stockton’s severe delirium was obvious to all Defendants who were present.
Defendants Lake and Smith failed to perform any physical examination to determine objective medical indicators of Mr. Stockton’s intoxication and severe delirium. They failed to transport Mr. Stockton to the hospital. They did not even ask Mr. Stockton if he wanted and/or needed to go to the hospital.
Defendants Lake and Smith did not get consent for refusal of treatment from Mr. Stockton claiming he was violent even though body camera video shows he was not violent and was cooperative at the time of their contact.
It is not objectively reasonable to believe that Defendants Lake and Smith cleared Mr. Stockton for incarceration in the Newton County Jail on a 12-hour hold. Defendants Bunch, Doty and Howe witnessed the interaction and were aware that Mr. Stockton did not refuse medical treatment.
Defendants Bunch and Doty then placed Mr. Stockton in their patrol vehicle for transport to the Newton County Jail for a 12-hour hold even though they observed his severe delirium for the preceding approximate half-hour and observed the lack of any physical examination of Mr. Stockton by Defendants Smith and Lake.
Immediately upon being placed in the patrol vehicle, Mr. Stockton again began flailing around and yelling. During the entire drive to the jail, Mr. Stockton was yelling and flailing in the back of the patrol car to the point that Defendant Bunch contacted the Newton County Jail for assistance in removing Mr. Stockton from the vehicle and placement in a restraint chair.
Upon arriving at the sally port at the Newton County Jail at 6:32 pm, Mr. Stockton was sideways in the seat. Upon removing Mr. Stockton from the patrol vehicle, Defendants Bunch and Doty observed Mr. Stockton continue to scream and jerk his body and observed that his breathing was more labored.
Defendants White and Lee, guards with the Newton County Sheriff’s Department at the Newton County Jail, were present when Mr. Stockton was removed from the patrol vehicle.
Immediately upon seeing Mr. Stockton, Defendant White stated to Defendants Bunch and Doty and Defendant Lee that Mr. Stockton should be taken to the hospital. Defendants Bunch and Doty refused and one of them made a condescending and dismissive sound by blowing air through his lips causing them to flap, clearly demonstrating deliberate indifference to and contempt for Mr. Stockton’s serious medical condition.
Defendants Bunch, Doty, White and Lee placed Mr. Stockton in a restraint chair in which his ankles, legs, wrists, arms and chest were strapped to the chair. Defendants White and Lee subsequently added a head strap restraint.
Defendant Renner, a guard with the Newton County Sheriff’s Department at the Newton County Jail, was in the “observation tower” in the jail where she observed the actions of and listened to the statements of Defendants Bunch, Doty, White and Lee while all of them were in the sally port.
After Mr. Stockton was placed in the restraint chair, Defendants White and Lee rolled the restraint chair to a “Detox” cell where he was placed in front of a camera for observation.
Newton County Sheriff’s Department Standard Operating Guidelines – Jail Operations Section 11.01 (hereinafter “Jail Operations” or “Guidelines”) contain a clear and unequivocal ministerial duty that a detainee must receive an examination by a physician for a determination that the detainee is fit for confinement before acceptance into the jail on a 12- hour hold.
Defendants White, Lee and Renner failed to perform the ministerial duty to contact a physician before accepting Mr. Stockton into the jail in violation of Jail Operations Section 11.01.
Mr. Stockton did not receive an evaluation by a physician but was forced into a restraint chair in the sally port and moved to a “Detox” cell in the Newton County Jail.
For more than 50 minutes, Mr. Stockton’s breathing was labored as he writhed, yelled and struggled in the restraint chair.
On two occasions during the approximately 50 minutes, Defendants White and Lee went into the “Detox” cell to place a helmet on Mr. Stockton’s head due to his violent writhing and struggling. The first attempt resulted in the helmet flying from Mr. Stockton’s head.
Defendants White and Lee later reentered the “Detox” cell and used duct tape to strap the helmet on his head. Mr. Stockton was flailing so wildly that this attempt failed as well. Defendants White and Lee placed a head strap restraint on Mr. Stockton.
Defendant Renner was required to observe Mr. Stockton at least every 15 minutes while he was in the restraint chair. Defendant Renner created a Restraint Chair Log in accord with Jail Operations, Section 11.28; however, Defendant Renner failed to observe Mr. Stockton every fifteen minutes, a ministerial duty clearly mandated by Jail Operations, Section 11.28. 238.
At approximately 7:36 pm, Defendant Renner observed that Mr. Stockton did not appear to be breathing and did not respond to directions through the intercom. Defendant Renner contacted Defendant Lee to notify him that Mr. Stockton was not responding to her, but Defendant Lee violated the clear ministerial duty mandated in Jail Operations Section 11.28 by telling Defendant Renner to try again to contact Mr. Stockton instead of checking on Mr. Stockton immediately as required by the Guidelines.
Defendant Renner again attempted to contact Mr. Stockton through the intercom and did not receive a response. Defendant Renner again notified Defendant Lee that Mr. Stockton’s failed to respond.
After receiving a second call from Defendant Renner, Defendants White and Lee responded to the “Detox” cell and found Mr. Stockton unconscious. Defendants White and Lee violated the clear ministerial duty mandated by Jail Operations Section 11.32 that required Defendants White and Lee to render appropriate medical attention.
Defendants White and Lee rendered no medical attention.
When Mr. Stockton was discovered unconscious, Defendant Renner violated the clear and unequivocal duty contained in Jail Operations Section 11.33 by failing to create a separate log of the event to document who was contacted when, and the actions of the guards.
Upon information and belief, Defendant Renner contacted Defendant NCAD regarding Mr. Stockton’s condition. Defendants Lake and Smith arrived at the Newton County Jail at approximately 7:45 pm. 245.
Upon arrival, Defendants Lake and Smith rendered no assistance to Mr. Stockton and Defendant Smith noted that Mr. Stockton was cool to the touch and already had rigor mortis in his neck, jaw and arms even though Defendant Renner reported that he was alive and blinking his eyes fifteen minutes earlier at 7:30 pm.
Mr. Stockton was declared dead at 9:55 p.m. Mr. Stockton’s Death Certificate lists his cause of death as, “Acute Methamphetamine Intoxication – Hours.”
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