The Courthouses in North Carolina have all been shut-down for a while now due to all this COVID-19 coronavirus pandemic mess. But, not shutdown all the way. The Trial Coordinator for Cleveland and Lincoln counties has been busy drawing up a so-called “Civil Court Calendar Call” of cases “ripe” for hearings and trials so they can be scheduled for the appropriate Court Actions. The next Calendar Call will be held June 1, 2020 and will be presided over by Senior Superior Court Judge Don Bridges. This Calendar Call is available on the internet and I happened to find this one while I was looking for something else. As I was scrolling down thru this Calendar Call (attached for your convenience), I ran across several very interesting entries.
Entry # 13 was Case Number 16-CRS-001386, Titled: Cleveland County School Board -vs-Humphries, Travis, Matthew and 1st Atlantic Surety Company, apparently a Bail Bond company. The first number in the Court Case, 16, indicates the case was filed in 2016. Four years ago. The School Bord Attorney is Vernon R. Malone. Rod Malone. The same School Board Lawyer that drew up the $3 Million lawsuit against Sheriff Alan Norman that was almost immediately dropped. The majority of the School Board said they didn’t know anything about the lawsuit against the Sheriff. CCS Superintendent Stephen Fisher, who signed that lawsuit against the Sheriff, said the lawsuit was drawn up and filed because of “bad legal advice.” Fisher never said whether or not the School Board lawyer had advised him NOT to tell the School Board that they were filing a bogus lawsuit against the Sheriff. And, I have to wonder if the school board even knows about this four-year-old lawsuit against Travis Matthew Humphries. I also have to wonder why the Cleveland County School Board still has a lawyer that gives them bad legal advice on the payroll.
The Bail Bond company listed on the lawsuit is a puzzle. Since School Board Member and Vice Chairman Richard Hooker is a jail Bondsman, you have to wonder if somehow this Travis Humphries somehow jumped bail on Richard Hooker and Hooker has somehow gotten the School Board to go after Humphries for him. You never know what kind of stuff this crazy school board will do. The Calendar Call was not specific enough to say what exactly the lawsuit is all about. But, Cleveland County School Board, we are asking YOU to fill us taxpayers in on what is going on here. At the next School Board meeting. Put it on the Agenda. Also, since School Board member Danny Blanton has publicly asked for a detail record of what CCS has spent on legal fees and what for, include that too. We all want to know. Especially since this was not the only item related to the School Board that was on the Calendar Call list.
Entry # 14 was Case Number 17-CRS-053169, Titled: Cleveland County School Board -vs-Woodard, Markeith, Lamont and 1st Atlantic Surety Company. A three-year-old case filed by the same Cleveland County School Board’s Raleigh lawyer Rod Malone. Just about everything else on this item was the same as Entry # 13 noted above. Questions and “wonderings” too.
School Board and Superintendent Stephen Fisher, all of the citizens and taxpayers of Cleveland County want answers at the next School Board meeting about these two lawsuits, the questions asked above, what these lawsuits are all about and how much money and on what-a detailed list and a full report regarding what has the School Board spent on legal fees for the past 10 years.
School Board, we do not trust YOU!!! And, we are not supposed to trust you. Our form of government is not based on trust, but upon “checks and balances.” You better tell us the truth about what we are asking. That is the “Check.” If you don’t, the “balances” are you will be voted out of office at the next election. Which is November 3, 2020 For Richard Hooker, Shearra Miller and Roger Harris. We want to hear it all at the next School Board Meeting!!!
Entry # 18 was Case Number 18-CVS-002120, Titled: McNeilly, Mary and the estate of Archie McNeilly-vs-Southern Health Partners Inc. and Smith, Teresa; Lail, Crystal; Patterson, Pam; Maldonado, Manuel. The “event” noted on the Calendar Call is JURY TRIAL
This case is the result of the alleged wrongful death of Archie K. McNeilly while in the Cleveland County Jail under the supervision of the Cleveland County Sheriff’s Department and the Southern Healthcare Partners.
In a Raleigh News and Observer article regarding deaths in North Carolina Jails, this was said:
“In Cleveland County, Archie McNeilly Jr., 40, died from renal failure on May 12, 2015, after spending a week in the jail. His family claims in a lawsuit that detention officers and nurses did little in response to his complaints of weakness and abdominal pain, and were angered at his inability to control his bowel movements. An autopsy showed McNeilly had a large kidney stone and a related infection that shut down his kidneys. McNeilly had been accused of breaking and entering, larceny and possessing stolen property.”
Joyce Orlando, in the Gaston Gazette Gazette wrote:
“Officers found McNeilly kneeling in front of his bed. Officers and medical personnel at the detention facility tried to get McNeilly to respond. When he did not, Cleveland County Emergency Medical Services were called. They pronounced McNeilly dead at the scene, the statement said.
According to the statement, McNeilly appeared to be fine when officers checked on him at around 9:30 p.m.
The cause of death is unknown. McNeilly’s body has been transported to the medical examiner’s office in Charlotte.
Cleveland County Sheriff Alan Norman asked SBI to become involved with this investigation. They will determine if any criminal violations took place. The sheriff’s office will conduct its own investigation to see if any policies were violated.”
It is not known why Ms. Orlando did not write this article in the Shelby Star.
This, from the “Prison Legal News,” is the most telling of all:
“In Shelby, about 50 miles west of Charlotte, Archie McNeilly, Jr. died a week after he was booked into the Cleveland County Detention Center in May 2015, charged with breaking and entering, larceny and possessing stolen property. An autopsy determined that McNeilly, 40, died due to renal failure caused by an infection related to an undiagnosed kidney stone. His family filed a lawsuit claiming jail employees and SHP medical employees ignored his complaints of abdominal pain and in fact grew angry at his loss of bowel control.
The three deaths blamed in part on SHP – Green’s, Wetherington’s and McNeilly’s – were among claims raised in at least 43 lawsuits filed against the company in North Carolina within the past decade. With contracts at 30 facilities, Southern Health Partners is the largest jail medical contractor in the state. All three suits were settled for undisclosed amounts by SHP, as private companies are not covered by the state law requiring settlement disclosure.”
WOW!!! At least 43 other lawsuits against Southern Health Care regarding jail deaths in North Carolina and this one in Cleveland County also raises questions about why Cleveland County and the Sheriff’s Office is dealing with this crowd??? As I recall, the Cleveland County Health Department was responsible for covering health care at the Cleveland County Jail, until the totally preventable ruptured appendix death of Tyreze Odoms back when the late Dan Crawford was Sheriff. In that situation other inmates, all upset by the painful screaming of Odums that went on for days, made calls to their relatives begging for them to call the Sheriff and county officials about Tyreze Odums, but to no avail. The Odums family would have probably owned Cleveland County if their Atlanta lawyers had not sold them out.
And, then the beating death of the Cleveland County jail inmate not long ago in a holding cell waiting on a court appearance. An unrepaired window into the cell prevented jail officers to view the inside of the holding cell contributed to that fight and subsequent death not being discovered promptly. Kinda like the leaking ceiling in the Clerk of Court’s records vault and Burns High School. The commissioners refuse to require and fund preventive maintenance to County facilities like the courthouse and jail. Preferring to spend $20 million on a new jail. And even more on a new courthouse. Who knows whether or not the mold at Burns High School will kill anyone before the nitwit Commissioners and School Board does anything. And they know about it too. Danny Blanton told the School Board and I told the Commissioners.
Editor’s Note: Folks, the windup of this article is this question. What else all screwed up is waiting in the wings regarding the School Board, Commissioners and other governmental agencies is going to happen next??? Coronavirus or not, I will probably be the first one to tell you. So, pay attention!!!