CHARLESTON – The sister of a man who committed suicide while in custody has sued the state Division of Corrections and Rehabilitation.
Alexandria Davenport, as administratrix of the estate of Janson Alando Davenport, filed her complaint Jan. 29 in Kanawha Circuit Court against the WVDCR and PrimeCare Medical of West Virginia, which provides health care services to inmates at WVDCR facilities.
“Janson Davenport’s death in the North Central Regional Jail is yet another example of the atrocious mental health care provided to inmates in our Regional Jail System,” said Dante diTrapano, one of the attorneys representing the plaintiff. “Janson’s sister called the jail and told them what her brother’s condition was, and they ignored her.
diTrapano
“This 21-year-old young man could be alive, working as he was, and caring for his two children. His death was preventable.”
Janson Davenport was jailed on a robbery charge in Monongalia County and sent to NCRJ in Doddridge County on June 26, 2019. During his intake screening, Davenport disclosed his history of addiction and ongoing drug and alcohol use. He also disclosed that he had received psychiatric and/or mental health care.
On the same day, Alexandria Davenport called Leanna Shaw, a licensed practical nurse at the jail, and told her she thought her brother had attempted suicide three weeks before he was jailed. A few hours later, Janson Davenport was screened by another jail staff member and again mentioned his drug and alcohol problems, legal problems, lack of support and significant losses as well as his history of mental health problems and prior thoughts of suicide. He did deny his sister’s report of an attempted suicide, but said he would be detoxing from alcohol and heroin.
A doctor ordered opioid and alcohol detox for Janson Davenport. He was seen by a licensed clinical social worker on June 27 to “consider step down from suicide watch.”
“Janson allegedly denied suicidal thoughts, stating, ‘I don’t want to die,’ citing his fiancé and child as a reason to keep living,” the complaint states. “Mr. Davenport reported a suicide attempt at age 16.
The social worker “did not explore his mental health history, nor did she note his looming alcohol, amphetamine and opioid withdrawal. She considered him a low level of risk and discharged him from suicide watch. She recommended follow up within 24 to 72 hours.”
Vital signs were obtained on June 27 and 28, but none were recorded on June 29.
Davenport was found unresponsive and pulseless at 9:04 p.m. on June 30. His death certificate shows immediate cause of death by hanging, the place of death his jail cell.
“Hanged himself,” it states.
Despite his time of death being listed officially as 9:38 p.m. on June 30, his Clinical Opiate Withdrawal Scale score was noted at 10:12 p.m. on June 30.
Also, Davenport’s Medical Administration Record listed him as being given doses of clonidine and Librium at 11:51 p.m. on June 30 and at 9:44 a.m. on July 1. Records also show his vital signs were taken at 10:12 p.m. on June 30 and 11 p.m. on July 1. All of those times are after his time of death.
Alexandria Davenport accuses PrimeCare of medical negligence and vicarious liability, saying they are responsible for the negligent conduct of medical staff at the jail. She accuses the WVDCR of malicious conduct. And she accuses both defendants of violating clearly established laws as well as of negligent hiring, retention and supervision.
She seeks compensatory damages for her brother’s wrongful death beneficiaries, including for his pain and suffering prior to his death, their sorrow and emotional suffering, their loss of financial support and their loss of emotional support. She also seeks punitive damages.
She also seeks pre- and post-judgment interest, attorney fees, court costs, expenses and other relief.
The complaint also notes that “any purported statutory caps or statutory limitations on the availability and amount of damages that can be awarded against defendant PrimeCare … including caps on non-economic damages and caps on punitive damages, were enacted in violation of the West Virginia Constitution and are therefore invalid.”
DiTrapano settled two jail suicide cases last year involving incidents at the South Central Regional Jail. He has at least two other jail death cases pending in Kanawha Circuit Court, and he said more will be filed soon.
In addition to diTrapano, Davenport is being represented by Alex McLaughlin and Benjamin Adams also with Calwell Luce diTrapano as well as William C. Forbes and W. Jesse Forbes of Forbes Law Offices. The case has been assigned to Circuit Judge Tod Kaufman.
Kanawha Circuit Court case number 20-C-107