This case was last updated from U.S. District Courts on 07/25/2022 at 11:54:21 (UTC).

Smith v. Twin County Regional Healthcare et al

Case Summary

On May 03, 2022, Joshua Lee Smith (“Plaintiff” or “Mr. Smith”), represented by Aderson B. Francois and Lucia Goin of Georgetown University Law Center, Joshua H. Erlich of The Erlich Law Office, PLLC and Marissa Hatton of Georgetown Law Civil Rights Clinic filed a civil rights lawsuit against Twin County Regional Healthcare (“Twin County Hospital” or “TCRH”), Doctor A and nurses B,C,D, Karl. R. Hade, Executive secretary of The Supreme Court Of Virginia, Judge F, Carroll County Sheriff, Kevin A. Kemp, Deputies V, W, X, Y, and Z, New River Valley Regional Jail Authority, Jail Officers 1, 2, 3 and Doe Officers 4 and 5  (collectively, “Defendants”), represented by Emily K. Stubblefield of Guynn Waddell Carroll & Lockaby, Julian F. Harf of Guynn & Waddell, PC and Sheri Hiter Kelly of Office of the Attorney General - Abingdon seeking punitive and compensatory damages for alleged assault, battery, and violation of civil rights which resulted in wrongful death. This case was filed in the U.S. District Court for the Western District of Virginia, with Judges Elizabeth K. Dillon and Robert S. Ballo  presiding. 

In the complaint, Plaintiff alleged, “Defendants practically ended Mr. Smith’s life. As a result of these events, Mr. Smith was rendered quadriplegic, has permanently lost all feeling below his chest, and can no longer care for himself. In addition to his physical injuries, the enduring emotional trauma stemming from these injuries prevents Mr. Smith from sleeping for longer than two hours per night and haunts him constantly, causing him mental anguish, anxiety, and depression.”

The plaintiff stated, “Mr. Smith was denied urgent medical care and subjected to excessive force because of the harmful associations Defendants made with his disability. Upon arriving at the emergency room and complaining of pain and loss of function in his legs, the nurses and doctors refused to treat him, claiming he was a drug addict. Instead, they called the police. The deputies brutally assaulted Mr. Smith, dragging him in and out of police vehicles and jeering taunts at him.”

Plaintiff further alleged, “This action seeks to hold these dangerous actors accountable for violations of Mr. Smith’s constitutional rights—including his due process rights and right to be free from unreasonable conditions of confinement during a seizure—as well as for medical malpractice, violations of the Affordable Care Act and Americans With Disabilities Act, assault, battery, negligence, negligent infliction of emotional distress and intentional infliction of emotional distress.”

The plaintiff also alleged, “Instead of providing medical care, Medical Defendants told Mr. Smith that they wanted him removed from the hospital. As a result of a policy, practice, or custom of ongoing coordination between Twin County Hospital and the Carroll County Sheriff’s Office, a Sheriff’s Deputy (‘Deputy V’) was contacted, and hospital personnel coordinated with the Deputy to facilitate Mr. Smith’s arrest.”

The plaintiff further alleged, “Mr. Smith’s emotional distress is significant. Each day, Mr. Smith must live with the fact that he can no longer use his body, and he struggles with the trauma of being brought to the brink of death because of Defendants’ behavior.”

Plaintiff presented twelve claims for relief including claims for Defendant’s alleged excessive use of force against Plaintiff, assault, battery, medical malpractice, negligence, negligent and intentional infliction of emotional distress, violation of substantive due process and procedural due process. Plaintiff also presented claims for Defendant’s alleged violation of the Americans with Disabilities Act, Patient Protection Act and Affordable Care Act.

In the prayer for relief, the plaintiff requested a judgment seeking declaratory relief. Plaintiff also sought for an award of delay damages, costs of suit, general and specific damages together with punitive and exemplary damages.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    7:22-CV-00238

  • Filing Date:

    05/03/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Presiding Judge

Elizabeth K. Dillon

Referral Judge

Robert S. Ballou

 

Party Details

Plaintiff

Joshua Lee Smith

Defendants

Twin County Regional Healthcare

Four Unnamed Doctors and Nurses of Twin County Regional Healthcare

Karl R. Hade

Judge F

Carroll County Sheriff, Kevin A. Kemp

Five Unnamed Police Deputies Of Carroll County Sheriff's Office

New River Valley Regional Jail Authority

Three Unnamed Officers Of New River Valley Regional Jail

Doe Officers 4 and 5

Maribel Rodriguez-Martinez, M.D.

Laura B Leonard, R.N.

Crystal N. Coleman, R.N.

Teresa L. White

Two Unnamed Nurses

Hon. Jeffrey L. Wright

Deputy Keith A. Musser

Deputy Christopher R. Mabry

Deputy Anthony G. Horton

Two Unnamed Deputies Y and Z

15 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

Lucia Goin

Attorney at Georgetown University Law Center

600 New Jersey Ave., Suite 352

Washington, DC 20009

Marissa Hatton

Attorney at Georgetown Law Civil Rights Clinic

600 New Jersey Ave Nw

Washington, DC 20001

Aderson Bellegarde Francois

Attorney at Georgetown University Law Center

600 New Jersey Avenue

Washington, DC 20001

Joshua Harry Erlich

Attorney at The Erlich Law Office, PLLC

2111 Wilson Blvd, Suite 700

Arlington, VA 22201

Defendant Attorneys

Sheri Hiter Kelly

Attorney at Office of the Attorney General - Abingdon

204 Abingdon Place

Abingdon, VA 24211

Julian Friedman Harf

Attorney at Guynn & Waddell, PC

415 S. College Avenue

Salem, VA 24153

Emily Kristin Stubblefield

Attorney at Guynn Waddell Carroll & Lockaby

415 S College Ave

Salem, VA 24153

 

Court Documents

#56

(#56) ANSWER to Complaint #1 Complaint,, with JURY DEMAND by Twin County Regional Healthcare.(Balding, Brandy)

42 #1

Text of Proposed Order

42 #42

Main Document

41 #1

Text of Proposed Order

41 #41

Main Document

38 #1

Text of Proposed Order

38 #38

Main Document

36 #1

Text of Proposed Order

36 #36

Main Document

4 #1

Text of Proposed Order

4 #4

Main Document

3 #1

Text of Proposed Order

3 #3

Main Document

2 #1

Text of Proposed Order

2 #2

Main Document

1 #2

Civil Cover Sheet

1 #1

Attachment A: Supplement

1 #1

Main Document

59 More Documents Available
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Docket Entries

  • 07/21/2022
  • Docket(#57) Notice of Filing Requirement - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. #Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (sln)

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  • 07/20/2022
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  • Docket(#56) ANSWER to Complaint #1 Complaint,, with JURY DEMAND by Twin County Regional Healthcare.(Balding, Brandy)

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  • 07/18/2022
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  • Docket(#55) ORDER granting in part and denying in part #36 Motion for Discovery; ORDER grants #38 Motion to extend the service period by 30 days; ORDER granting in part and denying in part #41 Motion for Extension of Time to File Document; ORDER granting #42 Motion for Extension of Time to File Document. Signed by Magistrate Judge Robert S. Ballou on 07/18/2022. (sln)

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  • 07/14/2022
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  • Docket(#54) RESPONSE in Opposition re #36 Second MOTION for Discovery . filed by Karl R. Hade. (Kelly, Sheri)

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  • 07/13/2022
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  • Docket(#53) Brief / Memorandum in Support re #52 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim . filed by Karl R. Hade. (Kelly, Sheri)

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  • 07/13/2022
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  • Docket(#52) MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Karl R. Hade. (Kelly, Sheri)

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  • 07/13/2022
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  • Docket(#51) Electronic Summons Issued as to Jeffrey Lyle Wright NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: #1 Electronic Summons Issued as to Chrystal N. Coleman, #2 Electronic Summons Issued as to Laura Beth Leonard, #3 Electronic Summons Issued as to Teresa White, #4 Electronic Summons Issued as to Maribel Rodriguez-Martinez)(sln) Modified docket text to correct name on 7/13/2022 (sln).

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  • 07/12/2022
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  • Docket(#50) Proposed Summons for Maribel Rodriguez-Martinez by Joshua Lee Smith (Goin, Lucia)

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  • 07/12/2022
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  • Docket(#49) Proposed Summons for Teresa L. White by Joshua Lee Smith (Goin, Lucia)

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  • 07/12/2022
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  • Docket(#48) Proposed Summons for Laura B. Leonard by Joshua Lee Smith (Goin, Lucia)

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37 More Docket Entries
  • 05/05/2022
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  • Docket(#10) ORAL ORDER granting #4 MOTION to Appear Pro Hac Vice Attorney Aderson Bellegarde Francois for Joshua Lee Smith. Entered by Judge Elizabeth K. Dillon on 05/05/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(sln)

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  • 05/05/2022
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  • Docket(#9) ORAL ORDER granting #3 MOTION to Appear Pro Hac Vice for Lucia Goin. Entered by Judge Elizabeth K. Dillon on 05/05/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(sln)

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  • 05/05/2022
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  • Docket(#8) ORAL ORDER granting #2 MOTION to Appear Pro Hac Vice for Marissa Hatton. Entered by Judge Elizabeth K. Dillon on 5/5/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(sln)

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  • 05/05/2022
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  • Docket(#7) Order Referring all nondispositive pretrial motions and issues to United States Magistrate Judge Robert S. Ballou pursuant to 28 U.S.C. 636(b)(1)(A). Signed by Judge Elizabeth K. Dillon on 05/05/2022. (sln)

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  • 05/04/2022
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  • Docket(#6) Brief / Memorandum in Support re #5 MOTION for Discovery (Expedited) . filed by Joshua Lee Smith. (Erlich, Joshua)

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  • 05/04/2022
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  • Docket(#5) MOTION for Discovery (Expedited) by Joshua Lee Smith. Motion referred to United States Magistrate Judge Robert S. Ballou per chambers. (Attachments: #1 Text of Proposed Order)(Erlich, Joshua) Modified docket text to illustrate this motion referred on 5/5/2022 (sln).

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  • 05/04/2022
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  • Docket(#4) MOTION for Aderson Bellegarde Francois to Appear Pro Hac Vice. Filing fee $ 100. receipt number AVAWDC-3942657 by Joshua Lee Smith. (Attachments: #1 Text of Proposed Order)(Erlich, Joshua) Modified on 5/4/2022 to add receipt number (ams).

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  • 05/04/2022
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  • Docket(#3) MOTION for Lucia Goin to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3942675. by Joshua Lee Smith. (Attachments: #1 Text of Proposed Order)(Erlich, Joshua)

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  • 05/04/2022
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  • Docket(#2) MOTION for Marissa Hatton to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3942668. by Joshua Lee Smith. (Attachments: #1 Text of Proposed Order)(Erlich, Joshua)

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  • 05/03/2022
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  • Docket(#1) COMPLAINT against Carroll County Sheriff, Kevin A. Kemp, Doe Officers 4 and 5, Five Unnamed Police Deputies Of Carroll County Sheriff's Office, Four Unnamed Doctors and Nurses of Twin County Regional Healthcare, Karl R. Hade, Judge F, New River Valley Regional Jail Authority, Three Unnamed Officers Of New River Valley Regional Jail, Twin County Regional Healthcare (Filing & Administrative fee $ 402 receipt number AVAWDC-3942336.), filed by Joshua Lee Smith. (Attachments: #1 Attachment A: Supplement, #2 Civil Cover Sheet)(sln) (Entered: 05/04/2022)

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