Civil rights suit against Oak Hill PD remanded to Putnam Circuit Court

HUNTINGTON - A lawsuit against Oak Hill Hospital has been dismissed from federal court and remanded back to Putnam Circuit Court.

Dr. Brian S. Love; City of Oak Hill; Oak Hill Police Department; Michael Whisman Jr.; and Randall Shannon Prince were also named as a defendant in the suit.

Love filed a third-party complaint against Oak Hill Police Department in May, claiming that discovery in the matter revealed that OHPD was the proximate cause of the decedent's death and sought indemnification and contribution in that regard.

U.S. District Judge Robert C. Chambers stated on Nov. 20 that the Oak Hill third-party defendants have failed to meet their burden of establishing that Wilshire's second complaint is a properly pleaded complaint upon which federal subject matter jurisdiction can rest.

Therefore, the court finds jurisdiction cannot be based upon the plaintiff's second complaint, according to the memorandum opinion. The court remanded the action back to Putnam Circuit Court and found it unnecessary to rule upon the pending motions.

On Aug. 22, 2009, Jeremy Rinehart became seriously ill while in the custody of the Oak Hill Police Department as a result of his ingestion of cocaine in a plastic bag, according to a complaint filed Oct. 18, 2011, in Putnam Circuit Court and removed to the U.S. District Court for the Southern District of West Virginia at Huntington on June 21.

Yevette Wilshire claims her son was taken to Oak Hill Hospital Corporation, which is doing business as Plateau Medical Center, where he was evaluated and treated by Love and other medical providers.

The defendants discharged Rinehart from Plateau and back into the custody of the police department, although Rinehart remained at risk of death or serious bodily injury without continuing care and treatment, according to the suit.

Wilshire claims shortly after his discharge, her son suffered severe pain before losing consciousness and being transported to Raleigh General Hospital. Rinehart died on Aug. 26, 2009.

The defendants failed to exercise the degree of care, skill and learning required or expected, according to the suit.

Wilshire is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Allan N. Karlin and Sarah W. Montoro.

Oak Hill Hospital was represented by W.E. "Sam" Fox II and John M. Huff of Flaherty, Sensabaugh & Bonasso PLLC. Love was represented by David L. Shuman and Karen Tracy McElhinny of Shuman, McCuskey & Slicer PLLC. OHPD, City of Oak Hill, Whisman and Prince were represented by Chip E. Williams and Daniel J. Burns of Pullin, Fowler, Flanagan, Brown & Poe PLLC.

U.S. District Court for the Southern District of West Virginia at Huntington case number: 3:13-cv-15201