Opinion
19-CV-1277 (LEK)(ATB)
02-09-2022
JERMELL MCLEAN, Plaintiff, v. DARWIN E. LaCLAIR et al, Defendants.
FOR THE PLAINTIFF: Pro se FOR THE DEFENDANTS: OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL BY: LAUREN EVERSLEY, A.A.G.
FOR THE PLAINTIFF:
Pro se
FOR THE DEFENDANTS:
OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL
BY: LAUREN EVERSLEY, A.A.G.
INDEX OF PROCEEDINGS
JERMELL McLEAN: Sworn
Direct Examination by Ms. Eversley 9
EXHIBIT INDEX
Marked as Description
B
Letter, 7-29-19 56
C
Letter, 8-14-19 66
D
Complaint, 10-4-19 71
STIPULATIONS
IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the respective parties hereto as follows:
THAT the filing of the transcript of the testimony in the County Clerk's office be waived;
THAT all objections to questions except as to the form thereof be reserved until the time of trial; and
THAT the transcript of testimony may be signed before any Notary Public or other officer authorized to administer oaths.
(The deposition commenced at 10:57 a.m.)
MS. EVERSLEY: I'm doing good. I think we're ready to get started if you are ready?
THE REPORTER: Okay, I just
MR. MCLEAN: Yes, ma'am.
THE REPORTER: -- I just need to swear the witness in.
MS. EVERSLEY: All right.
THE REPORTER: Okay. One moment, let me put us on the record.
MR. MCLEAN: I didn't hear you.
THE REPORTER: Okay. Can you raise right hand please?
Do you swear or affirm that the testimony you're about to give will be the truth, the whole truth and nothing but the truth?
MR. MCLEAN: I do.
THE REPORTER: Can you please state your name for the record.
MR. MCLEAN: Jermell McLean.
THE REPORTER: Thank you. You can put your hand down now, sir. Thank you. Witness is sworn.
JERMELL MCLEAN; Sworn
MS. EVERSLEY: Hello Mr. McLean, my name is Lauren Eversley and I'm with the attorney general's office, and I represent the defendants in this action that you brought against them. How are you this morning?
THE WITNESS: I'm okay, yourself, ma'am?
MS. EVERSLEY: I'm doing good. Have you ever been deposed before?
THE WITNESS: No, ma'am.
MS. EVERSLEY: Okay. So then I'll just give you a little bit of the framework for today. So I'm going to be asking you questions about the lawsuit that you brought against Officers Harris and Raymond. And I'm just going to be asking you questions about your claim based on the complaint and you're just going to tell me what happened. I like to think of it as you're the star of the show today. All I want to know is information about why you are bringing this action. Have you ever testified at trial or under oath?
THE WITNESS: No, ma'am.
MS. EVERSLEY: Okay. So since you've haven't done a deposition before, we're just going to go over some general rules. The first one being, let me finish my question before you attempt to answer.
So if you -- even if you think you know the answer, just let me just finish it because it could, you know -- the end of the question could go a different way. So just let me finish the question before you answer. If you need to take a break at all, that's fine. Just let me know and we can work something out, where you can take a short break, so long as there's not a question pending. If there's a question pending, answer the question and then we can take a break. If you don't understand the question, please ask me to rephrase it, or have a particular word explained. If you don't ask me to rephrase the question, then I'm going to assume that you understand it. This is just a reminder that you are answering questions under oath, with a word for word transcript being made. You may make objections to the form of the question, which will reserve your right to the objection in the transcript. But you still have to answer the question.
At the end of the deposition, I'm going to give you an opportunity to make a statement or clarify any testimony that you feel didn't come out correctly today. Also, you will receive a copy of this transcript for you to review. You will have thirty days to make corrections and return the transcripts signed and notarized to me. If it's not returned, it's going to be recorded as is. And the final thing is, I tend to talk pretty fast, so this is for the court reporter too, if at any time I'm speaking too fast, just let me know and I'll -- I'll slow down. Do you understand everything that I went over?
THE WITNESS: Yes, ma'am.
DIRECT EXAMINATION
BY MS. EVERSLEY:
Q. Okay. Now we're just going to get into some background information and some of this may seem repetitive, but it's kind of just forms of what we have to go through. Can you please state your name?
A. Jermell McLean.
Q. Are there any other names that you have gone by or been known by, including nicknames?
A. Yes, ma'am.
Q. What are those?
A. James Johnson, Jermell Johnson.
Q. Okay. And what is your date of birth?
A. 6-26-1976, ma'am.
Q. And how old are you?
A. Forty four.
Q. What is your DIN number?
A. 17A095.
Q. And did you review any documents prior to this deposition today?
A. Yes, ma'am.
Q. Who did you review?
A. I just reviewed the paperwork that I -- was sent by you, notifying me that I was having this hearing today. And just pretty much everything that happened was just point blank what happened so. I think it would be too much to go on.
Q. Okay. Now where were you -- when were you first incarcerated with DOCCS?
A. My very first time or -- or this charge right here?
Q. The first time.
A. The first time, 2006.
Q. And where was that?
A. I was in Marcy Correctional Facility, ma'am.
Q. And what were the charges?
A. Possession of a firearm.
Q. And then on this bid, that was in 2 017 I'm going to assume
A. Yes, ma'am.
Q. -- based on that DIN number. And where were you first incarcerated for that bid?
A. This is the first jail I've been in, and I've been here ever since.
Q. And what are those charges?
A. Possession of a firearm.
Q. Have you ever commenced any prior lawsuits?
A. No, ma'am.
Q. This is your first one?
A. Yes, ma'am.
Q. Are you married?
A. No, ma'am.
Q. Do you have any children?
A. Yes, ma'am.
Q. What is your highest level of education?
A. Tenth Grade, ma'am.
Q. And where was that completed?
A. Incarcerated, ma'am.
Q. Are you currently taking any -- any medications that might inhibit your ability to answer questions today?
A. No, ma'am. No, ma'am.
Q. Are you currently suffering from any disease or medical condition that would inhibit your ability to answer questions?
A. No, ma'am.
Q. Do you have any hobbies?
A. Yes, softball, football. I love to cook.
Q. I also like to cook. Okay. Now we're going to get to the amended complaint. Do you understand that your allegations that are currently being reviewed in this case are only the eighth amendment, inadequate medical care claims against Defendants Harris and Raymond? So the
A. Yes, ma'am
Q. -- Superintendent was ... so we're just focusing on those claims today.
A. Yes, ma'am.
Q. Now we're going to get a little background on some things that precursed, I guess, this incident. So my understanding is that you injured your knee, which required A.C.L. surgery, is that correct?
A. A.C.L. and meniscus, ma'am.
Q. I had the same thing, happened to me recently. How did you injure your knee?
A. Softball.
Q. And when was that?
A. That maybe was say like around I think July of 2018.
Q. And where were you initially treated for that knee injury?
A. Right here, ma'am.
Q. And right here is Franklin, correct?
A. Yes, ma'am. Franklin Correctional Facility.
Q. And in the infirmary I imagine, right?
A. Yes, ma'am.
Q. Do you remember the name of the doctor who treated you initially at Franklin?
A. I think it was (unintelligible) or something like that, I'm not quite sure her last name. But it's in my --.
Q. That's okay. What did you say something, I'm sorry.
A. I said, but it's in my paperwork, but I'm not quite sure how to pronounce her last name.
Q. And that's okay.
A. (unintelligible) or something like that.
Q. And again, we're asking questions that you've already answered, but what was your diagnoses from that doctor?
A. Well basically she just gave me the knee brace --at the time, she just gave me a knee brace. She gave me some ibuprofen and an ice pack.
Q. But what did she diagnose you with?
A. At first, they didn't --at the first time she didn't tell me what it -- exactly it was. They had to send me out to do the x-ray. The x-ray didn't show anything so they had to send me out for the M.R.I. Once they sent me out for the M.R.I., they found out that the meniscus was torn and so was the A.C.L. So that's when they put me in and I had the surgery.
Q. And when you said, put you out for these x-rays and M.R.I.s. Where were you going for those?
A. Alice Hyde and -- was Alice Hyde one at Upstate, Upstate Box for the x-ray -- I mean for the M.R.I.
Q. Okay.
A. And then they sent me again to Alice Hyde for the M.R.I.
Q. And do you remember when you got the x-ray and the M.R.I., what date?
A. I'm not sure of the exact date, but it's all in my paperwork.
Q. Okay. Prior to having surgery, were you able to walk on your injured leg or no?
A. Yes, ma'am.
Q. And what knee was it?
A. It was my left knee, ma'am.
Q. Now we're going to get into the day of your surgery, which was July 29th, 2019. That was the date that you had indicated in the complaint. Do you remember
A. Yes, ma'am.
Q. -- what day of the week that was?
A. I'm not quite sure what exact date it was, but I know it was July 29th, 2019.
Q. Do you remember what time of day your surgery was?
A. When we got there it was like eight something, probably like around eleven. Eleven maybe, twelvish. But we got back here to Franklin Correctional Facility like three, three something.
Q. And you mentioned that you left for the hospital at eight a.m., is that what you just said?
A. We left here at around seven something -- six something
Q. Okay.
A. -- seven something, I don't know.
Q. Who transported you to the hospital for surgery?
A. Officer Todd and Officer, I think, Ramos, I don't know if that's the same person. But I know it was Todd and Raymond I think.
Q. Okay. And where was your surgery being conducted?
A. At Alice Hyde, ma'am.
Q. What kind of vehicle were you transported in?
A. In a facility van.
Q. And where did you get into the van to leave to go to the hospital. Like from what point of the facility?
A. The ... room, ma'am.
Q. And where is that located?
A. That's located behind the infirmary.
Q. Had you been in the infirmary prior to that, or were you in your cell?
A. No, I was in my dorm.
Q. About how long did it take to get from Franklin to the hospital?
A. Maybe twenty-five minutes, maybe.
Q. I'm not familiar with the area, so I -- I'm just trying to gauge for myself.
A. I'm not either, I just know how long I was in the van.
Q. But it wasn't an hour, it wasn't two hours. It wasn't
A. No.
Q. -- like a long trip. Okay. And when you arrived at the hospital, who did you meet with when you got there?
A. The orthopedic doctor, I believe the doctor, surgeon. First, I initially met with the nurse, she gave me the rundown of what was happening, what was going to go on. Then they put me in my room, then I waited and I spoke to the doctor surgeon himself. And then they gave me some meds, and I don't know what happened after that.
Q. Like I mentioned, I just also had the -- the same surgery. So I remember that well. Now what did the nurse say to you when you got there. You said she went over the procedures, what was she telling you?
A. She was just telling me that I was there for the A.C.L. surgery. That they would give me some anesthesia, it will knock me out. I would not be woke through the process, I'll be asleep. And I'd be woken up, and I have to wait about an hour before I'll be able to, you know, really function right, or I guess be removed from the hospital to come back to Franklin Correctional Facility.
Q. Okay. And you might have said this already, but I just want to confirm. Where did this conversation occur with the nurse?
A. It was in a regular hospital room.
Q. Okay. And were Mr. Harris and Mr. Raymond there for that conversation?
A. Yes, ma'am.
Q. And then you mentioned that you spoke to the doctor. What did he say to you?
A. He just basically gave me the same spiel about asking me was I allergic to anything. The procedure that was going to happen. The background about the anesthesia. The part that the A.C.L. can get infected. If it get infected, it swells up and I got to come straight down to the infirmary, I have to go back out. But God blessed me, I haven't had infections after the surgery.
Q. So you haven't had any infections like that that he mentioned?
A. No, ma'am.
Q. And were Mr. Harris and Mr. Raymond, Officers Harris and Raymond, there for that conversation as well?
A. Yes, ma'am.
Q. And is that normal that they're there during that conversation based on your experienced or anything you've heard?
A. From the -- far as I know, yes, ma'am.
Q. And Mr. Harris and Mr. Raymond were with you throughout the time up and until you went into the operating room, or no?
A. Yes, ma'am.
Q. Do you know if they went into the operating room with you, or where they were during your surgery?
A. Like I said ma'am, I was -- once they gave me the medication I was knocked out, so I'm not sure if they was in the room. I just know that the doctor was in the room and he also said he had a student in the room as well. I'm not sure if the officers came in once I was under the anaesthesia. But I'm quite sure from my experience being incarcerated, I'm quite sure they was in the room. But I'm not sure, once again.
Q. Okay, got that. And besides the nurse and the doctor, did you speak with anyone else before the surgery?
A. No, ma'am.
Q. Did you talk to Officers Raymond and Harris or no?
A. No, ma'am.
Q. At approximately what time do you think that your surgery began? If you don't know, that's totally okay.
A. I'm --I'm --I'm really not sure, ma' am.
Q. Do you recall how long the surgery was?
A. No, ma'am. I just know I went out, I woke up, only time I really know is around the time we got back here.
Q. Okay. And where were you taken directly after the surgery when you woke up. Do you know where -- what type of room you were in?
A. I guess it was a regular hospital room, recovery room, they might call it.
Q. Okay. And who was with you in the room when you woke up?
A. The officers.
Q. Was there anyone else there?
A. The nurse came in after -- after I woke up. Asked me how was I feeling ...
Q. Did she say anything else?
A. No, not at that moment. She just asked me how I was feeling, was I feeling okay. Was -- did I have any reaction or anything. My body's okay. Everything was feeling fine.
Q. Did you speak with anyone else other than the nurse?
A. No, ma'am not at that time.
Q. Did anyone give you any instructions 22 about recovery
A. Yes.
Q. -- or --?
A. Yes, that was later on when the doctor came in.
Q. Okay. So at what point did the doctor come in?
A. After the nurse gave me the run down, probably like about fifteen maybe twenty minutes later the doctor came in.
Q. And what did he say to you?
A. He just basic gave me instructions that I would be receiving physical therapy. That I would not be able to bear any weight on my leg for at least, I think he said, six to twelve weeks. I will start physical therapy -- was supposed to start the 10th of August. And once again about the -- if any swelling or anything to get in contact with the medical facility here.
Q. And when he was giving those instructions, was he giving them to you or to the officers?
A. He was basically letting everybody know. We all get it at the time.
Q. Did they say -- did Officers Raymond and Harris say anything to the doctor in terms of those instructions?
A. No, not at those instructions. The only time they said something is when they was giving me the crutches.
Q. And can you explain that. What happened with the crutches?
A. The doctor prescribed me crutches, which they said was metal. But the crutches was aluminium, but they said it was metal. And that due to Franklin Correctional Facility policies, they're not allowed to allow me to have metal crutches.
Q. And who is they -- when you say they said it was metal even though it was aluminium. Who were you referring to?
A. The officer said it was metal.
Q. Okay.
A. That I -- that I wasn't allowed --well due to the policy at Franklin Correctional, they're not allowed to allow me to have these metal crutches.
Q. And did they indicate that you would be getting different crutches at the facility, that they had crutches there, or --.
A. They didn't -- they didn't specifically say that I would be getting crutches, but they just told them that weren't allowed to allow me to have these metal crutches.
Q. And did the doctor say anything in response to that?
A. No, the doctor just said just wheel him out in a wheelchair.
Q. Do you remember how long you stayed in the recovery room post-surgery?
A. Like I said, I think it was at least an hour, because he said it's bare minimum an hour after the surgery, to make sure everything, I guess went well.
Q. And were Officers Harris and Raymond with you that whole time as well?
A. Yes.
Q. Did you talk to them about anything during that time that you were in there?
A. No, ma'am I still was a little bit under the medication so.
Q. Do you know if they were talking amongst themselves?
A. I'm not really sure. I believe they probably was conversating, but I'm not sure.
Q. And I know you mentioned this earlier, but around what time did you return to the facility that day?
A. Think it maybe was like three forty-five maybe -- three forty, three forty-five somewhere around there.
Q. And how did you return to the facility, in the same van that you were transported there?
A. Yes, ma'am.
Q. How did you get from the hospital to the facility van?
A. In a wheelchair.
Q. And who -- who pushed the wheelchair or were you manually doing it?
A. It was one of the nurses from the hospital.
Q. Do you remember how long of a distance it was from the hospital to where the van was parked?
A. It wasn't far, you know, because he parked the van right in front of the entrance of the hospital.
Q. Now on the drive back to the facility, do -- where were you seated in the van?
A. I was seated in the second row, because it wasn't no --.
Q. And can you kind of describe how the van is set up, or what the inside looks like. Is it just a like typical van or if you could --.
A. Yes, it's like a typical sixteen-seater. You have the driver, passenger, then you got the gate to block off the inmates. And then you got one, two -- if I'm not mistaken, three rows maybe of seats.
Q. So you were seated in rows?
A. Yes.
Q. So you were just in the second row by yourself?
A. Right.
Q. Who was driving the van?
A. If I'm not mistaken, it was Todd.
Q. And did you speak with Officers Harris or Raymond during the drive at all?
A. No, ma'am. They was just conversating amongst themselves.
Q. And what were they talking about?
A. Trying to get to the facility before shift was over. Said they were going to get stuck.
Q. And what does that mean? Is there like a particular time the shift ends and they were
A. Yes -- yes ma'am, they know -- I'm guessing from what -- what I was hearing, if they don't make it to the facility in time before the count, they would be stuck. And they don't get paid overtime on medical trips, or something in that. So -- so when we got to -- when we got here, they kind of go through the truck stop which allowed them to take me directly to medical.
Q. And just a couple of questions to backtrack on what you said. What time does the count normally happen?
A. At three o'clock, two forty-five, three o'clock around that time.
Q. But you said you got back at three forty-five. So how long does the count take, I guess -- I guess it could probably take a while?
A. Yes, the count is -- it depends how the facility runs the count, how fast the count ... I guess patrol, and then they send out count clear. But taking -- I'm not sure exactly how long that would take.
Q. Okay. You see again ... I was thinking it'd be over quickly, but likely not --.
A. No, because it runs anywhere around two forty-five to three fifteen
Q. Okay.
A. --is where they can start doing the count.
Q. Okay.
A. After three fifteen I don't know how long exactly does it take before the count is clear. Because anything can happen in the facility where there's a hold on the count, or somebody been miscounted, then they got to do a mass count all over again. So you are never too sure about that, ma'am.
Q. And I guess, can you describe what a count is. Like what occurs during the count?
A. All inmates got to go to their ... officer walks around make sure everybody's counted for, make sure everybody's up and breathing. Then they go to the desk, they call in the count I guess to the patrol office, and this happens in every dorm.
Q. And you mentioned that they couldn't come through the -- I think you said truck trap, I'm not sure exactly what you said. But if you can describe that in more detail?
A. Okay. That -- the truck stop is where they come in and out the main gate, where it allows them to drive the van so they could go straight to drive or straight to medical or wherever they got to go. But due to the count they couldn't come through there, so they had to take me through the mister building the -- the -- the main building in the front, which is probably -- I'm not exactly how far of a distance it is from the road to the building, but it's a nice pretty distance from the road to the building and throughout the building.
Q. So where -- when the -- so the van couldn't go through the truck stop. Where did it park -- where did they end up parking the van?
A. They wound up parking in front of the main building.
Q. And then what happened next? Because this is really the crux of what happened next.
A. Then they ordered me to get out the van. I explained to them, I said, how do you want me to get out the van, I have no crutches, I have nothing. I think you should call for a wheelchair. So he told me, don't tell him how to do his job.
Q. Who said that? Not to interrupt you, but who said that?
A. I'm not sure the name because like I said, I didn't know their names until they did the investigation, and they went and got the -- the print -- printout from the truck stop to know who
Q. Yes.
A. -- was the two officers that took me down to the hospital. So I'm not sure which ones is which name right now. But they said --he asked me to get out the van, I told him the whole spiel. I can't get out the van. I think you should call for a wheelchair. He told me, don't tell him how to do his job. I said, the doctor just told you that I could bear no weight on this leg. How you want me to walk from here all the way over there. I need a wheelchair the same way I came out the hospital. The other officer said, just give him a direct order. I'm still under the medication a little bit, I don't feel like arguing. I've been up early in the morning, I'm tired, I'm still under medication, I just want to get to a bed.
So I said okay, that's what you want to do, okay. I get out the van. He saying, you can make it with my help. So he's trying to hold me up, but I'm shackled. So I'm not really too much of a holding me from bearing weight on this leg, that I just had surgery on. So we get into the building, after we get into the building, we go to where I guess they got to sign me back in now. And I'm trying to walk and I just feel something snap. I fumbled a little bit, and I told them -- I said, I just felt -- I don't feel -- something just ain't right -- right now. Something just happened. They said, don't worry I got it. So now, another officer's coming from the other side of the gate coming to leave work, coming off the facility. And, you know, they always joke around. So he said oh, what happened to this guy. He said oh, he just got ... A.C.L. repair, surgery. He said, and you got him walking, let me call for a wheelchair. And he got on the walky-talky and called for a wheelchair.
Q. Okay. Again, to backtrack on some of the things that you said -- and this might be easier too. I know that you just mentioned that you didn't know which officer was who because of, you had to get the ... order from the court for the logbook. Can you describe what the officer looked like who was driving. Do you remember what he looked like?
A. It was the shorter one.
Q. And do you remember any other descriptive features, hairstyle, hair color?
A. Salt and pepper hair.
Q. And do you remember what the other officer looked like? Obviously, taller.
A. Yes, a little taller, black hair.
Q. Any other distinctive features?
A. He was -- I know he was younger than the driver. I know that.
Q. So just to go back, to I guess kind of describe these people to the things that you mentioned. You mentioned that one of the officers told you, he's giving you a direct order, or something of that like. Do you remember which officer said that?
A. The younger one told the older one that -- I mean, the younger one told me that the older one was giving me a direct order.
Q. So the older of the two was the one that was -- that directed you to get out of the van 33 and walk in, is that
A. Yes.
Q. -- correct?
A. Yes, ma'am.
Q. Now when -- you said that you were shackled. Was it just your wrists or was your --your legs also shackled? I'm --.
A. If I'm not mistaken, I just had my --my wrist with the black box. I don't remember if I had my leg shackles on, but I'm quite sure, I don't think they would put leg shackles on after a surgery. But again, I'm not sure if I had the leg shackles on.
Q. Now, when they were walking you to the building from where the truck was parked, about how long would you say that was?
A. Probably like a hundred feet.
Q. And during this walk, where was the shorter older officer?
A. That was the one that was trying to hold me up.
Q. And how was he trying to hold you up?
A. He -- he just basically had my arm right here. He was holding up under my arm.
Q. Was it your left arm or -- or your right arm, if you can remember?
A. It was my left arm.
Q. And was he saying anything to you during this time?
A. The only thing he said is, you could -- you could do it with my help.
Q. And where was the taller, younger officer during
A. He was
Q. -- the walk?
A. --he was in -- he was in front of us.
Q. So he was not helping -- assisting you walking into the building?
A. No, ma'am.
Q. And during this time did you have your leg up, were you holding it, you know, out in front so you didn't put it on the ground, or where was --what were you doing with your surgical leg during that time?
A. I was -- I was just trying to put as, as less weight on it as I could, but I had to put it on the ground in order to walk.
Q. So it wasn't raised at all, it was on the ground, is that your testimony?
A. Yes, I was stepping, I was walking.
Q. And you were headed into the main building?
A. Right.
Q. Did you complete the walk from the van to the building?
A. Yes, ma'am.
Q. And you mentioned that another officer was coming out of the building. Do you remember that officer's name or
A. No.
Q. -- what he looked like?
A. We was already in the building, he was just ...
Q. I'm sorry --.
A. -- other side of the gate. There's this gate where they
Q. Yes.
A. -- open and close the gates, it was gates. So he was coming out, we was coming in. But we was already
Q. Do you remember what he looked --?
A. -- coming in the
Q. I'm sorry --.
A. -- turn.
Q. That was my fault, you did say that. That was a misstep by me. Do you remember what he looked like, or his name, do you know his name at all?
A. No, ma'am. I just know he was a taller gentleman. I've been trying to figure out, trying to get his name, but nobody knows his name because nobody really knows that he just walked by. So I was trying to see if they had cameras. I wrote to find out if they got cameras in the main building, but nobody haven't responded to me letting me know if they got footage, cameras upfront, or what the case may be.
Q. Okay. And do you remember who was checking you in, which officer it was?
A. The younger guy.
Q. And where was the shorter, older man during that time, still holding you?
A. Yes, he was still holding my arm, ma'am. This is after I already told him that I felt something snap in me, like shot down to -- to my hip and then shot straight down to my toe.
Q. Okay, let's go back to that. So when did that -- when did you feel that pain?
A. When we got in between the gates, those two gates. That -- like I said, they open and close. Once we got in there, I just -- I guess it was by putting too much weight on it and it just like a lightning bolt just shot to my hip and then straight down to my toe. And I -- and I said oh man, I felt something, I don't think it felt right. ... That's when the other guy came and he said, what happened to this guy. He said oh, yes A.C.L., he said you got him walking. Let me call for a wheelchair. That's when he took it upon himself to call for the wheelchair.
Q. Okay. So this was after the person had checked you in, and you were between the two gates?
A. Yes, the younger guy was still checking me in as -- as I felt the pain shoot up my -- my hip to my toe. He was signing me in. The other guy, the shorter guy, was just holding me up.
Q. Now when you were standing there when he was just holding up, was leg on the ground, was it elevated, was it raised?
A. No, I lifted it up. I didn't want to let -- once I felt the pain, I didn't want to put no more weight on it. So as he's holding me, I'm just holding my one foot up just standing on one leg, waiting for him to finish signing me in.
Q. So you felt the pain while you were still walking
A. Yes, ma'am.
Q. -- not when you were just standing, waiting for the person to sign in?
A. No, no when we walked in then I felt the pain.
Q. So it was once you walked like into the building? I'm just trying to get a timeline
A. Not into
Q. -- per se?
A. -- not into the building, but once you walk into the building you got a little way to go then it's the gates. Once I got into the gate area, when I walked in the gate area, that's when I felt it. That it was just like a pain I never felt before, that shoot up to my hip like I said, it shot down to my toe. And that's when I just stopped, and I'm telling the officer like, listen I just felt something I'm not -- I don't think it's right. So I'm trying to hold my -- my leg up so I won't put no more pressure on it and he's holding me up. And that's when the guy was coming out and said about the wheelchair.
Q. And what did the shorter, older officer say to you in response to you saying that?
A. He told me that it's almost over --the walk is almost over. Because right outside the gate is a little metal bench that they make us sit on and wait.
Q. So he was trying to get you to that metal bench?
A. Right.
Q. And you mentioned that this other officer called for a wheelchair. Did a wheelchair come?
A. Yes, they sent a guy from the infirmary with the wheelchair. One of the porters that work in the infirmary.
Q. And when you were put in the wheelchair, where were you brought?
A. I was brought straight to medical.
Q. Were you always going straight to medical when you --
A. Yes.
Q. -- got back?
A. Yes, ma'am --.
Q. Do you know how long you were going to stay in medical?
A. Well they -- I thought it was like two or three days they said for the recovery, that I had to be in medical.
Q. Did you speak to a nurse when you got to the infirmary?
A. Yes, I did ma'am.
Q. Did you tell her anything that had just happened with your -- the pain in your leg?
A. Yes, ma'am.
Q. And what did she say?
A. She, the nurse after -- I had shown her -- it's the ... disappeared there where I felt the pain shoot in my hip. So I'm showing her -- she told me that she don't know what that is, that I would have to see a doctor in the morning.
Q. Did you see a doctor in the morning?
A. Yes, ma'am.
Q. Did you tell him --?
A. I told -- I told her, yes Ms. Macbeth I think her name was.
Q. I'm sorry. And did you tell about the bruise or the entire incident from the day --?
A. I told her I told her about the whole incident and I think that -- that bruise came from the pain that I felt shoot to my hip.
Q. And what did she say in response to that?
A. She -- she looked at the bruise. It was just like, maybe about this big, red. She said, oh that looks like shingles.
Q. And just because the court reporter can't take down, this big. What the size of a -- a quarter would you say, a nickel?
A. No, maybe a nickel.
Q. And where did you say that bruise was?
A. On my left hip, ma'am.
Q. And when you said you felt that initial pain. Can you describe -- you said it went to -- to -- from your toes up to your hip?
A. No, it went to my hip down to my toe.
Q. Okay. Sorry wrong way.
A. It was just like a -- like a quick lightning flash pain, just.
Q. And when you initially saw the nurse when you first came back to the infirmary, did she prescribe you anything?
A. Only Percocet for the pain and naproxen.
Q. And was that -- did she mention that that was standard for A.C.L. surgeries?
A. Yes, ma'am.
Q. Do you recall if the nurse noted any additional injuries? If she noted the bruising in your medical records or not?
A. The bruise on my hip?
Q. Yes.
A. Yes, ma'am.
Q. Now that shooting pain that you said that you felt, have you -- did you feel that at any other point within your recovery period right after the surgery?
A. No.
Q. So you just felt that pain just that one time?
A. Just that once.
Q. Have you had any reimaging done of your knee after the alleged incident. Any additional M.R.I.s or x-rays?
A. No, they, they - -- they had me in to see the nerve specialist. They did a M.R.I, on my back, they said -- I don't know why they put a M.R.I. on my back, but this is what they do here. But they had me on the call out to see the orthopaedic doctor three times, but I never got called down, all three times they never called me down, but I was on the call out. So I don't know.
Q. And is this is in relation to your surgery or what -- what are you claiming that these -- these M.R.I.s of your back how did that come about?
A. Because like I told the orthopaedic doctor when he came to visit after the surgery, that I still have no feeling on the side of my left knee. It's like still literally numb to this day. So he said, maybe it was a pinched nerve, or he said, he said maybe it's something in your back. So they sent me out for a back M.R.I. They did the back M.R.I., nothing came about my back or this -- this numbness is still there. My knee is still constantly in pain. My knee is still cracking. It's like -- is it worse than what it was before, certainly.
Q. Now are you attributing all of those injuries that you just mentioned to the fact that you had to walk on your knee?
A. Yes, because that's when I felt the --the shooting pain. That's the only time I ever felt that type of pain in my leg going to this knee surgery. That's -- and it's like I don't know if there was a -- a ruptured nerve, a torn nerve. I --I don't know what it is, but I know that I still have no feeling in my knee and my knee's still constantly in pain. I come down to medical, the only thing they want to do is give me ibuprofen. Ibuprofen, ibuprofen is not doing nothing for me. And I explained this to the doctor. Okay, we going to put you in to see the nerve specialist. See maybe if it's a nerve damage. I still haven't been to see the nerve doctor yet.
Q. And when you said the doctor that you explained that to who mentioned it might be a pinched nerve when he came to visit you, was that a doctor at the facility or was the doctor from Alice Hyde?
A. No, that's the -- that's the doctor that did the surgery ma'am. The orthopedic doctor.
Q. Okay. I just wanted to make sure it's on there for the record. And did he say anything to you like the --a pain like that was normal, or did he --?
A. ... Sorry ma'am, go ahead.
Q. Now, did he indicate any type, if it was normal, if that seemed weird to him?
A. He -- he actually say he never --never heard of nothing like that, you know, why I still have numbness to my leg, and he don't know why I still have so much pain in my knee. Because it wasn't no infection. The surgery --he said the surgery went well. So he's basically saying it's not on his part. That's basically what he was telling me and what I'm telling you.
Q. Do you remember when that was, how long after the surgery you met with that doctor?
A. I think it maybe was like six weeks later.
Q. Did you complete physical therapy as a part of your recovery process?
A. Yes, ma'am. And I had -- I also had it extended.
Q. How often did you go to physical therapy?
A. Two times a week, ma'am.
Q. Where was it located. Was it at the facility?
A. Yes, ma'am.
Q. Do you remember the name of the person who was treating with you?
A. No, ma'am I'm not. I don't know the --we call her Ms. B.
Q. Did you find that physical therapy was helpful for the rehabilitation of your knee?
A. Well it hurt -- it helped so my knee won't stay stiff. But like I told the physical therapist the -- the pain is -- is like the physical therapy is not helping the pain. It's just keeping my leg from not stiffening up, but the pain is still there. And this is why she extended it, and this is why she said she was going to have them send me out for another M.R.I., a nerve therapist and specialist -- I mean, nerve specialist. But to this day I'm still, I guess, on the waiting list. They said due to the COVID and everything that happened in this time, that everything was a major backup and pushed back so.
Q. I feel like that's with everything lately.
A. Yes.
Q. And again, I'm asking you a question that you may have already stated, but I'm just trying to make it clear. Do you still suffer from any injuries today that you are claiming occurred from having to walk on your knee?
A. Yes, I still have same multiple pains in my knee. Sometimes it -- I just wake up in the morning, it be swollen. Still walking with the cane. Some days is worse than others.
Q. And I guess how does this, how does that pain affect your -- your everyday life, if at all?
A. Well I can't really do the things I like to do. I can't -- can't play football, Softball, can't stand for too long.
Q. Currently, how would you rate your pain for your knee?
A. Today?
Q. Yes.
A. Today is not that bad. It's like probably a three in pain of a one to ten, probably three right now.
Q. And does that fluctuate or is that kind of consistent in your life, in the past few months, has it generally been a three or does it --?
A. No, it's -- it's just on the day, I guess. But somedays like I said, is worse than others. When I come down to medical, sign up for sick call, I have to sign up for sick call, come down here, and the only thing they want to do is just give me ibuprofen.
Q. And then I guess in the few weeks after your surgery, what would you have rated your pain, if you can remember during that timeframe?
A. Probably like a nine.
Q. And would that be a consistent nine throughout those first few weeks after the surgery?
A. Yes, ma'am.
Q. And when you were going to the nurses for sick call. Did you mention the incident where you had to walk on your leg at all to these nurses?
A. In the beginning I did.
Q. Just to be clear, you said you mentioned it I believe to the nurse when you initially got back
A. Yes, when I first --
Q. -- correct, that's what you said?
A. -- Yes, ma'am.
Q. And then did you mention it to the doctor the next day when you saw him?
A. When I seen Ms. Macbeth, yes, ma'am.
Q. Yes, sorry, excuse me, Macbeth, yes.
A. Like I said, she looked at it and she seen the bruise. She tried to say it was shingles. I told her I don't think it's shingles. Shingles don't look like that. She gave me some cream. I went back to the dorm my -- my unit, my dorm area, and I took a shower. When I got out the shower as I was drying off, the towel must have rubbed against the bruise, and it just gave me a burning sensation. So when I looked down it's like the thing was growing right in front of my face like, literally just growing, just expanding. I -- I ran out the shower, paranoid, don't know what was going on, to the CO. The CO. called medical, they brung me right down to medical and they admitted me in medical.
Q. And was this the day after your surgery, or a few days after --?
A. No, this was a few days after the surgery --
Q. Okay.
A. -- after I got released from medical.
Q. Now you initially said it was a bruise, but now it -- was it raised or -- if you could just describe. I know you said it was the size of a nickel. But
A. Yes
Q. -- was it raised?
A. --it just, it just started expanding and it was like a lot of little pus, like pus bubbles I guess. They was just --it just looked real weird. I can't -- it just -- it was just -- the circle just was getting bigger and bigger and it was like pus bubbles just busting, like whish whish. And once I seen that I ran straight to the CO. with my towel on. Said listen, I don't know what this is but I got to go to medical. So he just told me to get dressed and he called for the medical. Medical came down, the doctor looked at it, she was like, oh my God, what's wrong with that leg, we've got to admit him. So they admitted me into the hospital -- to the infirmary rather.
Q. And are you attributing that rash, I guess we could call it, to the fact that you had to walk on your leg?
A. I believe so because the -- the pain that I felt in my hip is exactly where this bruise started. Where it was the first day that I saw the nurse. Exact same spot, it was exactly where I felt the pain shoot up to my hip.
Q. And you had never seen anything in that area prior to that?
A. No.
Q. You had no issues with any type of pain in that area prior to that?
A. No, ma'am. And it wasn't there before I left out of here that morning to go do the surgery.
Q. And how did that get resolved? Do you still struggle from anything with regards to that?
A. Yes, ma'am. It started going all over my body.
Q. And you still have that to this day in that area and in other places?
A. Yes, ma'am. And the original one that started is maybe like this big now, like a small basketball size.
Q. Are you getting treated for that at all? Did the -- are they saying anything about that?
A. Only thing they did was send me to the dermatologist. They gave me some cream, and it ain't go away. It's still there.
Q. Has any doctor said any connection between your knee and that type of -- and that rash bruise?
A. No, they didn't say no direct. They don't know if it's a direct connection to that. They never mentioned that, no.
Q. So aside from knee pain, this rash bruise, are you dealing with any further effects from having to walk on your leg that day? Any current injuries that you're still claiming?
A. Do you mean current issues after the issues -- did I occur any injuries after that?
Q. No. I just mean, aside from the knee pain that you mentioned and this rash bruise, are there any other injuries that you're claiming still affect you today from having to walk on your leg?
A. No.
Q. Okay. Now we're going to pivot from the incident and talk about grievances that were allegedly filed in this case. And we're just going to go into a little fact -- when you entered DOCCS' custody, do you go through orientation?
A. When you first come to the facility?
Q. Yes.
A. Yes, ma'am.
Q. And I believe you mentioned you drafted into Franklin, you're still at Franklin today. So aside from maybe a side trip here and there, you've been at Franklin consistently throughout that time, correct?
A. Yes -- yes, ma'am.
Q. And I know it was in 2017, but can you describe what you're taught at orientation?
A. Pretty much the rules and regulations that goes on at Franklin Correctional Facility.
Q. Do they go over the grievance process?
A. I can't remember for sure, but I'm quite sure they give us a spiel on the grievance process.
Q. Do they explain DOCCS' directives that are associated with the grievance process if you can remember?
A. Not that I can remember.
Q. Are you yourself familiar with the grievance process?
A. Yes, ma'am. Now I became very familiar with it.
Q. In your own words, how does it work?
A. Well you -- you write up a grievance, you send the grievance in, they call you down for an interview. After the interview, they tell you, you can sign off on the grievance and if you don't sign off for the grievance, you have to I guess appeal it to the superintendent. Then if you don't agree with his decision, then it go over his head and I guess appeal it to Albany.
Q. Do you know of any timeframes that are associated with the filing of a grievance. Like how long after an incident do you have to file a grievance?
A. No, I didn't know that until after I started dealing with the case, when I started reading up on it, I think they said it's like thirty days or something. I'm not a hundred percent sure.
Q. And do you know any timelines between like how long certain -- like how long does the initial step have to respond to you? How long do they have to conduct their investigation to get a response to your grievance to you, if you know?
A. I'm not sure, I think it's around seven -- from the first process of putting your grievance in, I think they got seven days before they call you in for the interview.
Q. And then if you don't like that determination as you mentioned, you go to the superintendent. Do you know how long the superintendent has to respond?
A. I'm not sure. I think the paperwork says forty-five days.
Q. And then if you don't like that, you go to, as you mentioned, Albany. Do you know how long Albany has to respond?
A. That's Albany you can never know. They -- no I'm not sure ma'am.
Q. And you mentioned when you file a grievance you go before a committee. And then do you get a response in writing after that?
A. Yes, they send you a copy of your grievance and the paperwork that said you want to sign off on it or do you care to pursue it and go to the superintendent on the appeal.
Q. And what happens if you don't receive a response to your grievance?
A. I guess you just waiting to see if you get a response, and I think it's thirty days you know about, I think you -- you -- you write and find out was your grievance accepted or did it make to the grievance.
Q. Now, did you file a grievance in relation to your claims on the caption?
A. Yes, ma'am.
MS. EVERSLEY: Can we bring up Exhibit B please?
THE REPORTER: Yes, one moment.
MS. EVERSLEY: Okay.
THE REPORTER: Can you see it?
THE WITNESS: Yes.
BY MS. EVERSLEY: (Cont'g)
Q. Can you -- okay. Do you recognize this document, Mr. McLean?
A. Yes, ma'am.
Q. What is it?
A. That's the -- that's the grievance.
Q. And --.
A. No, that's the claim actually.
Q. What -- I'm sorry, what did say? If you need to scroll through, so we can get a better look at the entire -- and take your time, there's no rush. If you want to ...
A. Yes, that's the grievance.
Q. Okay. And I'll let you ... back down, court reporter. And where were you when you wrote this document?
A. I was in the infirmary.
Q. And how about -- how did you go about attempting to file this grievance?
A. One of the porters that was working down there, I asked him can he get me a grievance slip. He said, they don't have grievance slips down in medical, and you have to write on a plain piece of paper and submit it to the officer.
Q. So did you end up giving it to the officer?
A. Yes, ma'am.
Q. Do you remember what that officer looked like, or what his name was?
A. No, ma'am. I'm not sure.
Q. Did you hand the letter to him, directly?
A. Yes, ma'am I gave it to him in an envelope.
Q. So was it packaged in an envelope?
A. Yes, ma'am.
Q. And did it have any writing on the front of the envelope indicating where it was going?
A. They wrote -- it had grievance written on the envelope, ma'am.
Q. Do you remember what time of day you gave it to the officer on the 29th?
A. It was around -- right before -- right after -- right after the count, so it probably was like ten fifteen, ten twenty, around that time.
Q. And was the officer conducting a round -- what was he, was he just standing around?
A. No, he was doing a round ma'am. He was doing his count.
Q. So July 2 9th would have been the day of the surgery. So you immediately -- why did you immediately write this grievance?
A. To be honest with you, I didn't like the way that I was handled by the police officer --the CO. officer.
Q. Did you receive a response to this document?
A. No, ma'am.
Q. So what did you do next after not receiving a response?
A. I went to the law library and I talked to one of the gentlemen that work down in the law library, and they told me that I would -- I should, I should write and see what happened to the grievance.
Q. And this document right here, you --what were you grieving? You said you didn't like the actions of the officers. What do you mean by that?
A. Because the simple fact is that, if you getting a direct, like I -- like I would have to follow a direct order. I feel the doctor, the orthopedic doctor, the surgeon, specifically gave him instructions as well not to allow me to bear any weight on this leg. I genuinely asked you can you call for a wheelchair. You see I'm just out of surgery, I cannot walk on this leg. I cannot bear no weight on this leg. All you had do to was just call for a wheelchair. You didn't want to do that. You -- you were upset at me because you the one, I guess got stuck overtime or whatever the case may be, so you taking it out on me, which I have no control of, I had nothing to do with. And then with the pain situation, I'm telling you I just felt something shoot up .to my hip and down to my toe, and you still don't take no consideration and do nothing, you just going on about you trying to get out of here before a certain time, or a certain time you got to be gone.
And due to that, you caused me pain that I'm suffering with to -- to this day. I still -- I got mold growing on my body that I had to go see O.M.H. because every time I look at it, it just, I don't know what's going on. Nobody telling me what it is. I don't know it could be growing around my --it could be growing anywhere on my body. I don't know this.
Q. Okay. So you mentioned that you went to the law library, you spoke with someone, and then what did you do after that? Did you take their advice, what did you do?
A. Yes, I came -- I came and I wrote a letter. I don't remember her name but I wrote a letter to find out what happened to my grievance. Was it a response to my grievance. I didn't get no response. Why I didn't get no response from my grievance. I didn't get no response from her either.
MS. EVERSLEY: Can we bring up Exhibit C?
THE REPORTER: You said D?
MS. EVERSLEY: C, sorry.
THE REPORTER: C. Yes, one moment.
BY MS. EVERSLEY: (Cont'g)
Q. Okay. Mr. McLean, do you recognize this document?
A. Yes, ma'am. That's the
Q. What --?
A. -- that's the letter that I typed up in law library.
Q. Okay. So that would be the letter that you just described?
A. Yes, ma'am.
Q. And again, it may seem obvious because it's written right there, but just so it's clear for the record. Who did you send this letter to?
A. I don't remember her name off hand, ma'am.
Q. Okay. Where it says memo to, would that be who you sent it to, Ms. Tavernier. I don't know if I'm pronouncing that right.
A. Yes, ma'am.
Q. And who is Ms. Tavernier?
A. From what I was told that she looks over the grievance committee.
Q. When did you send this letter?
A. I think it says it on there, August 14th, 16th, 14th.
Q. I believe it says 14th. And how did you send this to Ms. Tavernier?
A. I put it the envelope and I put it in the mailbox.
Q. In what mailbox?
A. In the facility mailbox in the -- in the unit, in the dorm area.
Q. And is that where you normally place grievances if you were in the dorm you place -- what do you place generally in that, where does that go?
A. That's like in-house jail -- in-house jail mail. Where it goes to your counselor or superintendent or whoever you have, trying to send mail to that's in the facility.
Q. And who picks up the mail from the mailbox
A. Officers
Q. --if you know?
A. -- officers.
Q. And do you know when they do that?
A. If I'm not mistaken, I think it's around five in the morning. They go around and collect all the mail.
Q. And if you can recall, you dated this letter August 14th, 2019. Did you place it in the mail that day?
A. That night, yes ma'am.
Q. What was your goal in sending this letter? And if you need to refresh, maybe we can zoom in a little bit if you -- if you need to see.
A. I was just basically trying to get a better understanding of why I haven't received no response from the grievance that I wrote, or what's going with the grievance situation.
Q. Okay. And were you attempting to appeal to the next step in this letter?
A. Yes, ma'am.
Q. Did you receive any response from this letter?
A. No, ma'am.
Q. I was just waiting until that was done. Why did you wait until August 14th to send this letter?
A. Because I was just waiting to get a response from the grievance. But after so much time went by, a couple of people in my dorm was like, maybe you need to write to find out what's going on. Because I was talking to people in my dorm about my grievance and my situation. So they said, maybe you just write to the head of the grievance committee and figure out why you haven't got no response to your grievance. So that's when I took it upon myself to go to the law library to speak to someone that I thought, you know, had more knowledge about the law situation than I do, or was going ... . a grievance situation happens in Franklin more than I do. And that's when I was told that I should write to this lady right here.
Q. And when you went to the law library, was that on August 14th or was it before that?
A. No, that was all on the same day. I typed that letter at the law library.
Q. Did you file any other documents in relation to this action other than these two letters?
A. No, ma'am.
Q. In the grievance process?
A. I don't think. No, ma'am because I haven't received nothing back from the grievance itself. So, no ma'am.
Q. So this was the last letter that you filed attempting to appeal to the superintendent?
A. Yes, ma'am.
Q. At any point in time did you attempt to contact what you described as Albany concerning your grievance?
A. Yes, ma'am. I have -- I had my daughter call to see if they had any grievance on file. I was told that I had no grievance on file.
Q. And who -- you mentioned it was your daughter that called, correct?
A. Yes.
Q. What's her name?
A. Fanstasia McLean.
Q. And who did she call in Albany?
A. I don't remember exactly who she told me she talked to, but she said she talked to a lady that told her that I had no grievance on file.
Q. How did she know to call Albany?
A. Because I told her to call Albany.
Q. And why did you call Albany rather than writing any type of further appeal to the next level?
A. Because I felt like the facility wasn't doing their job as far as responding to me on my grievance or if they even received my grievance of what was going on. I couldn't get no answers. I wasn't getting no response back.
Q. And again you might have said this, but I just want to make sure it's clear. What did the woman in Albany tell your daughter about the grievance that you had filed?
A. She just told my daughter that I didn't have no -- no grievance on file in her, in her system.
Q. And I just want to be clear again. So the only letters and or grievances that you attempted to file in this action, were what we brought up as Exhibit B, which you alleged was your initial grievance, and then what's up as Exhibit C right now, this letter appealing to the superintendent. Is that correct?
A. Yes, because I had sent them another letter, which you all don't have no file of, because I can't -- I couldn't find it so I couldn't send it to you all when I -- I sent in my paperwork.
Q. Just to be also clear. These letters we received from you in -- in regard to your motion, we don't have any of these letters. So you're mentioning there was a third letter now?
A. Yes, it was another letter that I had wrote.
Q. And who was that to?
A. That was to the same people, same person as -- the head of the grievance committee.
Q. And what -- if you can remember, what were you saying in that letter?
A. I just basically just asked -- just let her know that I had put a grievance in, I gave her the date, and I just asked her do she know when I would be getting a response on this grievance.
Q. Did you say anything else in the letter to her?
A. No, that was pretty much that's all I said in that letter.
Q. Do you remember what date that you sent that letter?
A. I think it may be like September sometime. Probably like the ending of September, the middle or the ending of September.
Q. And did you mention anything about appealing your grievance to the next level in that September 3rd level -- letter?
A. Yes.
Q. Okay. And you've never heard any response from that letter either?
A. No, ma'am.
Q. Do you know what the Central Office Review Committee is?
A. I believe that's Albany.
Q. Okay. So sometimes it's referred to as CORC, correct?
A. Right. Correct, ma'am.
Q. And is that who your daughter was attempting to call in Albany?
A. Yes, ma'am.
Q. When you filed your initial grievance on July 2 9th, 2019, did you receive any type of confirmation from the grievance office that your document had been received and filed?
A. No, ma' am. No, ma' am.
Q. Do you know if that's required from the grievance office?
A. From -- from what I now understand, they said -- once again somebody in the law library told me that if the grievance never reached the grievance committee, they have no number of the grievance or -- it will be no grievance on file, so they would not send you no response. They don't know nothing about the grievance. The grievance was never submitted.
Q. So is that what you're alleging happened here today, somehow your grievance never reached the grievance office?
A. Correct.
Q. Do you know why that would be the case?
A. To be honest with you, I don't ma'am.
Q. Prior to the August 14th, 2019, letter that's on the screen right now. Did you write any other letters to anyone concerning whether they received your grievance?
A. No.
Q. So this, aside from your initial grievance, this is the first letter that you wrote?
A. Right. Because I didn't know -- I didn't know like I said, I didn't know why I wasn't getting no respond. I didn't know how long it takes for a response. I just -- just was sitting there waiting for them, assuming they got my grievance and I'm just waiting for them to respond to it. And I was hearing different numbers from different inmates from the facility saying it could take this long, it could take that long. So I just was sitting and waiting until somebody told me that maybe I need to just write this letter, figure out why I haven't got a response.
Q. Okay. And just so it's clear for the record and clear for me. In this grievance universe for this incident, we have the July 2 9th grievance, which was Exhibit B. The August 14th letter right here, which is Exhibit C. And then this September letter that we don't have
A. Correct.
Q. -- is -- is that all?
A. Correct, ma'am.
Q. Which you believe you sent sometime in -- in mid-September you said, correct?
A. Yes, ma'am.
Q. And do you remember when you initially commenced this action with the original complaint? I know we have the amended complaint, but with the original complaint.
A. No, ma'am I'm not exactly sure of the exact date.
Q. Okay. Can we bring up Exhibit D? Do you recognize this document, Mr. McLean?
A. Yes, ma'am.
Q. And we can scroll through it, if that would be helpful. What is it?
A. That's the heading of the complaint.
Q. And was this the original complaint that you filed with the court?
A. Yes, ma'am.
Q. Can we scroll to the bottom, the last page please? And is this still a page of your complaint, Mr. McLean?
A. Yes, ma'am.
Q. Okay. And is that your signature at the bottom?
A. Yes, ma'am.
Q. And then I believe the date says, October 1st, 2019, is that correct?
A. Yes, ma'am.
Q. So would that be the day that you signed this complaint and sent it out for mailing to the court?
A. Yes, ma'am I assume so.
Q. I'm just going to take a second really-quick, and just review my notes to make sure that I've asked everything. We're wrapping here, Mr. McLean.
A. No. problem, ma'am.
Q. Okay. I -- I do have a few more questions circling back to the incident. I know in your amended complaint you had indicated that the officers has waited ten -- fifteen to twenty minutes until the count cleared to enter the property. Can you talk more about that, if that occurred?
A. Yes, they -- they -- they -- they --they didn't, no they didn't want to wait
Q. Okay.
A. -- for the truck stop to open back up. So this is why they took me through the main building.
Q. So they did not want to wait that extra however time until the count cleared, so that's why they took you
A. Right.
Q. --in your allegation, to the main, okay.
A. Right. Because they was trying not to get stuck, that was the whole purpose to not to get stuck.
Q. Okay. I just wanted to clarify that. And I believe you had said -- let me get this right. The shorter, older person was the one that was helping you, guiding you into the facility. Can you again describe how he was holding you?
A. He was just holding onto my arm -- I was -- I was standing like this --he was holding right up under here, with my -- in between my elbow and my shoulder.
Q. And was he holding you sturdily would you say. How would you describe how he was holding you?
A. He was just basically holding me and walking with me.
Q. Did you feel secure in the walk and --with how he was holding you?
A. Not really because I couldn't, I was trying not to bear weight on this leg, but I had no choice because I had to put this foot down in order to walk, because it ain't like one was holding this side and one was holding this side, I was able to just hop on one leg which is one -- one holding me on the side with the surgery.
Q. Okay. And just because I -- I want to make this a little more clear for myself, the night that you returned home to the infirmary to recover you spoke with a nurse?
A. Yes, ma'am.
Q. Then the next day, you spoke with the doctor?
A. Yes, ma'am.
Q. And then about six weeks later, the Alice Hyde doctor came to the facility to speak with you?
A. Yes, ma'am.
Q. So within those six weeks, were you regularly seeing a doctor at the facility
A. Yes, ma'am.
Q. -- regarding your knee? Okay.
A. Yes, ma'am.
Q. And was it that same doctor that you spoke with the next day?
A. Yes, ma'am. Because I was
Q. And was she --?
A. -- . . .
Q. I'm sorry.
A. Because I kept coming down on sick calls, signing in, because the rash continued growing and the pain.
Q. And during those six weeks was your knee swollen?
A. Yes, because I was doing physical therapy.
Q. Was it -- would you say like regularly swollen, or swollen enough that it was concerning to you that maybe something could be wrong?
A. Well in the beginning it was swollen to where I thought something -- something was messed up. But they told me that that was just due to the surgery, that it would go down.
Q. And then the swelling did go down?
A. Yes, ma'am.
Q. And then you might have mentioned this, but how long did you do physical therapy? I know you mentioned it was extended, but how long was your initial order for and then how long did you complete it?
A. I think the -- I think the first was twelve sessions -- twelve sessions. And then I asked for an extension, then they gave me I think she said six sessions.
Q. And again you might have mentioned this, but did you find that that was helpful for the rehabilitation of your knee?
A. Yes, somewhat. Well like I mentioned before
Q. Did help --?
A. --it didn't --it didn't --it didn't help with the pain, it just helped with the movement of my legs. Not allowing it to get stiff and back up to where I wouldn't be able to bend my knee.
Q. Have you had any other interactions with Officers Harris and Raymond since that initial transport?
A. No, ma'am.
Q. Just one more moment. I'm going to just relook at my notes again.
A. I know one time I had put in a -- a retaliation claim, because they called me down one day and told me that I refused a outside medical trip. Which I never refused the outside medical trip, and then all of sudden the paperwork is not in my file stating that I refused the outside medical trip.
Q. Okay. Well I don't think that's a part of this action today but
A. Okay.
Q. -- yes. Okay. So we're just going to wrap up here, Mr. McLean. Just some final closing questions here. Did you bring any documents with you today that pertain to your claims?
A. No, ma'am.
Q. And --.
A. I didn't know
Q. All right then --.
A. -- I didn't know it was needed, or we was going through all this. I just thought it was --I just, I don't know.
Q. Okay. So as I promised you, you now have an opportunity to speak or make statement on the record to clarify or you know go forward with anything that you want to say regarding this case. But I'm just going to provide some direction. If you -- this doesn't necessarily apply, but if you had documents today, you would have to provide those to me. You don't have to restate anything with regards to your claims. I know what your claims are, we talked about them at length today. The purpose of this deposition was to ask questions and gain information. You don't have to restate your claims here. So if you have anything that you want to add that you feel like you need to clarify, you can do so now.
A. The only thing I really trying to move forward in getting, is if they have the footage in --if they got cameras in the main building. I still was not able to get a response about that situation. Because if they got footage -- if they got cameras in the main building and they got footage, then the footage is speak for itself that everything that I'm saying is -- is exactly what happened and how it happened. There's no adding anything or taking anything out, it's just point blank of what happened, and how it happened, and why I feel the way I feel, and why I'm still going through this pain today.
Q. So we're still in the discovery phase here, so if there was a discovery demand that you wanted, you could write that to my attention. And we haven't received anything from you regarding that yet, so that is an option.
A. No, because I just. No. because I had -- I didn't know I had to send it to you to get that. I thought I had to go through the facility to see if I could footage, or see if they even had cameras period.
Q. I mean there's different -- I mean I understand you probably went through the FOIL process, is that -- to get footage
A. Yes.
Q. --if you have any certain discovery demands in this action, you can write to my attention. The discovery deadline does end I believe on July 2nd. And technically I would need thirty days to be able to respond to your discovery demands.
A. Okay. So with the -- with the camera thing, I can write to you and --.
Q. Yes, as a part of discovery.
A. Okay, okay. So I will do that today to make sure you have time, in your thirty-day mark to get it done.
Q. Do you have any other questions on the process moving forward?
A. No, ma'am. Just pretty much it is what it is, is what happened, and how it happened. So it ain't you know --.
Q. Okay. So that is the end of the 80 deposition today Mr. McLean. Thank you so much
A. Thank you.
Q. -- and I hope you have a great day.
A. Okay. You have a blessed one too, ma'am.
Q. Thank you. Stay safe.
THE REPORTER: Okay. Mrs., let me find your name, Eversley, how many transcripts
MS. EVERSLEY: Yes?
THE REPORTER: -- yes, how many transcripts am I sending to you?
MS. EVERSLEY: The original and the copy, and then can you send one via e-mail?
THE REPORTER: Yes, in a P.D.F.
MS. EVERSLEY: Yes, please.
THE REPORTER: Okay. Everybody have a good day.
MS. EVERSLEY: Okay. Thank you so much.
THE REPORTER: You are welcome.
(The deposition concluded at 12:26 p.m.)
I, JERMELL McLEAN, have read the foregoing record of my testimony taken at the time and place noted in the heading hereof and do hereby acknowledge: (Please check one)
() That it is a true and correct transcript of same.
() With the exceptions noted in the attached errata sheet, it is a true and correct transcript of same.
I, HOWARD HUBBARD, do hereby certify that the foregoing testimony of JERMELL McLEAN was taken by me, in the cause, at the time and place, and in the presence of counsel, as stated in the caption hereto, at Page 1 hereof; that before giving testimony said witness was duly sworn to testify the truth, the whole truth and nothing but the truth; that the foregoing typewritten transcription, consisting of pages number 1 to 80, inclusive, is a true record prepared by me and completed by Associated Reporters Int'1., Inc. from materials provided by me.
HOWARD HUBBARD, Reporter