The plaintiffs, Cassey Keen and Melanie Kazaskiboski, allege in their complaint that James Aaron Kelly, 49, died at Pike County Jail on April 14, 2023, after staff ignored a hospital doctor's orders to continue his Suboxone prescription and failed to follow proper withdrawal protocols. Kelly was arrested for DUI on April 11, 2023, and taken to Pike County Memorial Hospital, where Dr. Robert Bridge ordered continuation of Kelly's longstanding prescription for buprenorphine-naloxone (Suboxone) that he had taken for five years. Instead, jail medical staff abruptly discontinued the medication, causing Kelly to suffer from alcohol withdrawal and adverse effects from the medication discontinuation.
According to the complaint, the most disturbing incident occurred on April 14 at approximately 9:32 p.m., when correctional officer Carson Schwenk entered Kelly's cell carrying a Lincoln County court order directing his immediate transport to SSM Wentzville for emergency medical treatment. The lawsuit alleges that 'instead of arranging the ordered transfer, Defendant Schwenk placed the document between Mr. Kelly's feet as Kelly lay on the floor unresponsive in a fetal position.' Schwenk allegedly 'held his nose, placed the furlough order between Mr. Kelly's feet and exited the cell without helping Kelly, transporting Kelly or otherwise checking on Kelly.'
The complaint details how Kelly's condition rapidly deteriorated over three days in custody, with symptoms including 'hallucinations, tachycardia, shaking, unsteady gait, repeated falls, and eventual inability to stand.' Dr. Shaukat Abdul Thanawalla, employed by Advanced Correctional Healthcare (ACH), allegedly ordered Kelly to be forcibly injected with Haldol at 3:05 p.m. on April 14, despite Kelly's refusal of the medication. The lawsuit states that 'Haldol without the concurrent use of benzodiazepines is contraindicated for alcohol withdrawal and delirium tremens.'
The case reached Pike County Jail through Kelly's arrest on April 11, 2023. Pike County had contracted with ACH to provide medical services at the jail. The complaint alleges that jail staff and ACH medical personnel knew Kelly was experiencing delirium tremens but chose to delay emergency treatment while seeking a court-ordered furlough rather than calling 911 or transporting him immediately to a hospital. Despite Dr. Thanawalla's orders for 'face checks' every fifteen to thirty minutes, the lawsuit claims these checks were not properly conducted.
The plaintiffs argue that defendants ignored established medical protocols and their own policies. The complaint states that Kelly should have received twice-daily COWS (Clinical Opiate Withdrawal Scale) assessments that were never completed, and that jail surveillance video showed staff visited Kelly's cell only three times between 4:00 p.m. and 9:48 p.m. on the day he died, rather than conducting the ordered frequent checks. Kelly was found dead at approximately 10:22 p.m., nearly forty minutes after Schwenk had dropped the court order at his feet.
The lawsuit alleges a pattern of constitutional violations at Pike County Jail, claiming that defendants 'had actual knowledge, prior to Mr. Kelly's death, of a substantially similar incident involving the death of a detainee, Hollie Grote, in which required face checks were not conducted.' The complaint further alleges that other Missouri counties, including Audrain and Saline County, had terminated their relationships with ACH's jail doctor in 2021 due to concerns about the systematic discontinuation of prescribed medications, yet Pike County continued its contract with ACH.
The federal lawsuit brings claims under 42 U.S.C. § 1983 for violations of Kelly's Eighth and Fourteenth Amendment rights, failure to train and supervise, and Missouri state law wrongful death and medical negligence claims. Named defendants include Pike County, Sheriff Stephen Korte, Advanced Correctional Healthcare Inc., Dr. Thanawalla, nurse Erin Varner, jail administrator Corina Halbach, and correctional officers Carson Schwenk and Logan Phelps. The plaintiffs seek compensatory and punitive damages, attorney's fees, and other relief the court deems just and proper.