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Walker v. E. End Community Health Ctr.5/1/1998
MARIANNA BROWN BETTMAN, Judge.
Plaintiff-appellant Opal Walker, individually and as the administrator of the estate of her son Arliss Walker, filed a complaint against defendants-appellees, East End Community Health Center, Inc. ("Health Center"); James Black, Executive Director of the Health Center; Eunice Thompson, Administrator of the Health Center; the Board of Directors of the Health Center, individually and in their capacity as members of the board; H. Randall Garland, Director of the Cincinnati Health Network; Bonita King, medical assistant at the Health Center; Merrill Bryant, receptionist at the Health Center; Deborah Moss Berlon, R.N., a nurse at the Health Center; Carol Roark, M.D., a pediatrician employed by the Health Center for a pediatric clinic; Cheryl Meadows, Director of the City of Cincinnati Human Services Division; the city of Cincinnati; and John and Jane Does.
The claims in this lawsuit all arose out of an incident that took place on the afternoon of December 13, 1991. Arliss Walker, a twenty-six-year-old mildly retarded individual, and his mother, Opal Walker, boarded a bus in the East End and headed out to the Western Hills Shopping Plaza. According to his mother, although her son appeared normal, after riding the bus a few blocks, Arliss told her that he needed to go to the health clinic in the East End. The two got off the bus and walked to the Health Center. Arliss vomited outside the Health Center. When the two entered the Health Center, Arliss pounded on the receptionist's desk and demanded to see a doctor because he was sick. Unbeknownst to Arliss and his mother, that day was reserved for the pediatrics clinic, and the only doctor who would have been available was Dr. Carol Roark, a pediatrician.
What happened next is sharply disputed. According to receptionist Merrill Bryant, medical assistant Bonita King, and nurse Deborah Moss Berlon, the only thing Arliss told anyone when asked his problem was that he was "all stuffed up."
After hearing his complaint and observing his physical condition, but without examining him, Nurse Berlon told Arliss that there was no doctor available at that time to care for adult patients. She testified that she offered to provide Arliss a cab with fare vouchers to take him to a hospital emergency room or to another community health center.
Walker gave several depositions in this case. She also gave a statement to Frank Sefton, the city of Cincinnati investigator charged with investigating this matter. Although not consistent on this point, Walker did testify that she and/or Arliss told the staff at the Health Center that Arliss suffered from "shoulder hurts and chest pain" while at the clinic, and that Nurse Berlon offered to call a cab for transportation, but that she did not offer vouchers to pay for it. Walker testified additionally that she told Sefton this when he interviewed her several days after the incident. Sefton's report confirms this in part.
Upset at not being able to see a doctor, Arliss and his mother left the Health Center and began walking home. According to Walker, Arliss appeared normal and was not having any difficulty walking or breathing. When they reached Bill Russell's grocery store two blocks away, they asked Russell for a ride home. Arliss still seemed to be fine. About half an hour after the Walkers got home, Arliss collapsed and died of a heart attack.
As a result of Arliss's death, Walker filed a complaint against all of the defendants.
The complaint in this case includes nine claims. The first is a claim under Section 1983, Title 42, U.S.Code naming as def
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