COUNTER LAWSUIT NOTES
Neglect:
1=2E Staff saw Audrey Budney come out of office with plant roots in
mouth along with dark soil on her face. Staff went into office to see
what AB had gotten into. Staff observed two marigold plants sitting on
a desk. Staff then took AB in bathroom. Staff **e observed that all
was left of the plant were ends of the roots. Staff could assume that
AB had eaten most of the plant. Staff took **e plant roots out of her
mouth and cleaned the soil off her face. Staff took AB to the
supervisor and told her what had happened.
2=2E On the side of sherry's back scratch that goes =BD across the back.
3=2E 1 inch red/purple bruise on inner aspect of L arm. When I asked
sherry how she got a bruise she said Becky did it.
4=2E Upper left arm pit; dark purple about the size of a penny.
5=2E Several times tonight, while getting Jeff for dinner and separating
him from Lisa Carl, he tried to bite me. On each instance he grabbed
onto my arm and tried to bring it to his mouth to bite. I used my
proximity to keep from being bit. Also I stopped letting Jeff grab me
and instructed all staff on, of the situation and not to let him grab
onto their arms.
6=2E Jeff was bit by another res (BS). Jeff was very upset + started
screeching. Took my left hand + hit it against his nose. Jeff then
took my hand + bit SH. I said ouch, help. Jeff then let go. I walked
into living room as other staff intervened.
7=2E Stop Jeff from grabbing Audrey again.
8=2E Please keep a look out for "Choke" hazards. I found more than 30
old markers, popsicle sticks, game cards stuck in couch seats. Thanks
P=2ES. found old shoe.
9=2E Spoke w/Frank and Audrey about Jeffs ***ual acts.
10. Jeff enjoyed a nice warm evening out at stewart park. Ate a lot of
hamburgers smiled and laughed a lot, was very, very verbal tonight at
the park. "Could not keep his hands to himself. Was redirected many
times."
11. Several times to sign for "more" Jeff had a hard time keeping his
hands to himself tonight was redirected by staff (JP) several times.
12. ...Jeff was acting very inappropriately screaming loudly and not
keeping his hands to himself.
13. ...He was touching SH and staff + couldn't keep hands to himself.
14. ...Jeff vocal tonight, as well. As very touchy feely with staff and
other "female" consumers. Jeff redirected from inappropriate touch-
15. I spoke with Jeff about keeping his hands to himself around
females in the house. Jeff sat in the chair and listened to what I
said he seemed to understand what I was saying.
16. I asked if Jeffery ever tried touching Wes,...
17. Jeff had previously bitten Lisa 20 minutes prior to this incident.
For the twenty minutes in between Jeff walked from his room through
the living room approximately 6-8 times. On One of his passes, he got
down on the couch quickly by Lisa and put his head down onto her arm
biting into her right forearm. The bite left teeth impressions. I
intervened as fast as I could, Lisa was given first aid and Jeff had
staff members with him one on one.
18. James told staff BN MS he would be taking photos of things in the
house. He has lawyers determined to shut house down. Becky had a
miscarriage + has been ***ually molested.
19. Rory, Please take a look @[EMAIL PROTECTED]
Patty's right + left eye. The right one
is bruised, and the left one looks funny. Thanks Kelly
20. ...This made BS mad to where she got out of her chair and hit TC on
the head 3 or 4 times.
21. ...Jeff also had a hard time keeping his hands to himself today, he
was attempting to rub, and grab staff + other residents.
22. ...Jeff had a good night, he was very vocal & wouldn't keep his hand
off other peers...
23. ...Jeff had to be reminded several times to keep his hands himself.
He was caught trying to touch 2 different clients personal parts.
24. ...Audrey had hair pulled out of the front part of her head and the
result was a reddened scalp.
25. ...Bruise on alan right back side.
26. ...looks like a scrape on her buttocks, it's about the size of the
bottom of a can of shower cream... `
27. ...Audrey came in. wrote notable but threw it away. Nothing written.
Talked to Audrey. If ever happens need to call AO... was afraid of how
to find right words...
28. ...Jeff had Audrey pinned against wall...Left hand on her left
breast....He was rubbing himself...
29. Jeff sitting in his room...grabbed Jen - Jen said Jeff get your
hands off of me....Put his hand on my upper thigh-
30. ...She slapped BS...
31. Alan - Rash, burn on hip blisters. Ccc - Contact derm. Never
transferred to MAR...
32. Light brown bruise >3-4 days old, =BD inch wide - 1 =BD inches long...
33. Bruise about 3" up from knee in thigh right...
34. Sherry was sitting on the floor watching TV. LH came up behind SH
and hit her in the back of the neck...
35. Alan Carlton, bruise on left hip...
36. On the right side of sherry back scratch that goes =BD across the
back...
37. Very faint scratch sherry's back that is approx 7-8" long. No
redness or swelling...
38. ...Please remember to toilet Lisa Carl when off bus also on
weekends. She has the misfortune of being neglected in this area...
39. Need med orders for Lisa Carl for rash on her buttocks...
40. As I told you that night this is never an appropriate form of
documentation...."No pt trained staff in this time frame"
41. Jaime hit on back of her head. Ultra congestion pink cheeks>
pulse. X
42. It is re****ted that he will grab at womens breast...
43. Purple/red on inner R arm 2 scratches on back between shoulder
blades...
44. Audrey was slapped with open hand on back...
45. Entered his room and grabbed his genitals...
46. BT was laying on consumer was going in a up & down motion...
47. Staff need to provide additional supervision either to Audrey or
the individuals who target her.
48. Brandy hit Audrey in the back...
49. Masturbating in class...
50. Had his pants down and his ***** in his hand, pointed at Audrey.
51. He urinated on Audrey...
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Assault Lawsuit - 2001
ITHACA CITY STATE OF NEW YORK
JAMES HARRIS,
vs.
SMALL CLAIMS COURT COUNTY OF TOMPKINS
Plaintiff,
VERIFIED ANSWER
LISA HELMS and FRANZISKA RACKER CENTERS, INC.
Defendants.
Index No.:
C2001-14163
Hi4.RRIS BEACH ~
The defendants, Lisa Helms and Franziska Racker Centers, Inc., an
agency having legal
custody of Lisa Helms, each answer the plaintiffs complaint and each
alleges as follows: ..
1. DenieS the allegations of the complaint.
AS AND FOR DEFENDANTS' FIRST AFFIRMATIVE DEFENSE
2. The Complaint fails to state a cause of
action.
AS AND FOR DEFENDANTS' SECOND AFFIRMATIVE DEFENSE
3. The claimed damages, if any, arose out of and
in the course of plaintiff's employment
with Franziska Racker .Centers, Inc. and plaintiff has been
compensated for the damages claimed
herein through Workers' Compensation. The plaintiffs claim therefore
is barred by the collateral
source provisions of CPLR, =A74545( c).
AS AND FOR DEFENDANTS' THIRD AFFIRMATIVE DEFENSE
4. By receiving Workers' Compensation benefits,
plaintiff's claim has been transferred
to the State Insurance Fund, his employer's Workers'
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