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Cornelius Fredericks Civil Rights Complaint
Cornelius Fredericks Civil Rights Complaint
Defendants.
Cornelius Fredericks, Deceased, by and through her attorney, Marko Law, PLLC, and
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INTRODUCTION
Cornelius Fredericks was known by his family members as a “boy’s boy: hyper and
rambunctious, with a penchant for playing jokes and pranks, and ultimately was known as
a sweet boy.” Unfortunately, Cornelius’s family lost their boy at a young age while he was
in the care of a residential facility that ironically markets itself as dedicated to preparing
young men and women for a positive future. Ultimately, the private entities responsible for
the management and oversight of this residential facility were the ones responsible for
taking away the positive future they were supposed to help Cornelius achieve.
The loss of Cornelius Fredericks’s life at the young adolescent age of sixteen was
due to the improper and wrongful use of restraints by staff members at Lakeside Academy
in Kalamazoo, Michigan. In fact, video from Lakeside Academy even shows a staff
member placing his/her weight directly on Cornelius’s chest for nearly ten minutes as
Cornelius lost consciousness. Cornelius’s scream of “I can’t breathe” was not enough to
get the staff members to stop the excessive restraint. The excessive use of restraints and
the lack of concern for Cornelius’s life draw an eerily similar comparison to that of George
Floyd’s death. Floyd died less than a month after Cornelius Fredericks at the hands of four
police officers, one of whom kneeled on Floyd’s neck for over nine minutes despite Floyd’s
Not only has the country seen a trend in the exposure of such excessive restraints,
but the use of these excessive restraints was a common theme at Lakeside Academy. The
facility had over thirty investigations conducted by the Department of Health and Human
Services since the year 2016. These investigations focused on violations regarding facility
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and premises maintenance, staff qualifications, discipline, behavior management, resident
restraint, and sufficiency of staff. Even more important to note is that within the six months
prior to Cornelius Fredericks’s death, the Defendants named in this action had six separate
investigations of Defendants’ improper use of restraints on residents should have put the
Additionally, not only were Defendants negligent regarding the use of restraints on
pandemic. Only after Cornelius Fredericks was transported to the hospital, as a result of
entering cardiac arrest from the improper restraint used on him, was it discovered that he
was positive for coronavirus. It would later be discovered that close to forty other residents
and nine staff members at Lakeside Academy were also positive. Yet, despite the adverse
impact that coronavirus has on an infected person’s ability to breathe, Defendants used tear
gas on the Lakeside Academy residents. Defendants used an agent known to restrict
people’s breathing on residents with a virus that already makes it hard to breathe.
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2. Cornelius Frederick, now deceased, was a 16-year-old boy who resided in
Michigan.
TSI Holdings, LLC is an Iowa corporation that owns and/or operates and/or
State of Michigan.
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9. To the best of Plaintiff’s knowledge and understanding Defendant Sequel
10. The amount in controversy exceeds the jurisdictional minimum for this
Honorable Court, exclusive of interest, costs and attorney fees, and the
FACTS
12. As a ward of the state, Cornelius Fredericks was housed by the State of
13. Prior to July 2007 Defendant Lakeside Academy was known under the
14. In July 2007, Lakeside for Children entered into a management agreement
with Defendant Sequel Youth and Family Services, and the Defendant
15. On April 29, 2020, the staff at Lakeside Academy used an improper
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17. After entering cardiac arrest, Cornelius Fredericks was transported to
18. On May 1, 2020, only 30 hours after entering cardiac arrest as the result of
19. The use of wrongful and improper restraints by Defendants’ staff is not a
novel occurrence.
20. The Department of Health and Human Services has a laundry list of
Academy.
21. Since 2016, Defendants had at least thirty violations investigated through
residents.
supervision of residents.
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24. Within the six months prior to the death of Cornelius Fredericks,
29, 2020, it was discovered that Cornelius was positive for coronavirus.
26. The other residents and staff at Lakeside Academy were tested for
coronavirus after it was discovered that Cornelius was positive, and nearly
forty other residents and nine staff members tested positive for the virus.
27. Despite the fact that coronavirus was running rampant through Defendants’
28. Defendants knew or should have known that coronavirus also restricts an
that condition.
29. Defendants now face the revocation of their license for Lakeside Academy
in his death.
30. Defendants owed common law and statutory duties to Cornelius Fredericks
for his care and safety while he was residing at Lakeside Academy and
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31. The Defendants’ voluntarily assumed duties for Cornelius Fredericks’s care
a. Exercise reasonable care and ordinary care for his safety and
well-being;
facility;
attention; and
32. Defendants breached all of the above listed common law, statutory, and
at Lakeside Academy.
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33. Defendants had actual and/or ostensible knowledge of their employees’
and/or staffs’ and/or agents’ treatment and care of Cornelius Fredericks and
34. As a direct and proximate result of the negligent and/or grossly negligent
employees, staff and/or agents, decedent suffered the following injuries and
damages:
c. Premature death;
COUNT 1
NEGLIGENCE & GROSS NEGLIGENCE
36. Defendants owed certain duties to the residents of Lakeside Academy, and
facility.
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37. Defendants’ breached this duty by recklessly using excessive force in
restraining Cornelius Fredericks on the date of April 29, 2020, and the other
38. Defendants are vicariously liable under respondeat superior for the actions
40. These actions are the most immediate cause, as well as the proximate cause
of Plaintiff’s injuries.
damages to Plaintiff.
MCL 600.2922.
COUNT II
DIRECT NEGLIGENCE
44. Defendants had a special relationship with its residents, as well as with its
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45. Defendants breached the duties owed to their residents, and Cornelius
46. Defendants knew or should have reasonably expected to know that failure
damages to Plaintiff.
48. Defendants’ direct negligence as set forth above resulted in the wrongful
600.2922.
DAMAGES
50. The wrongful acts and/or omissions, neglect and/or fault of Defendants and
Cornelius Fredericks.
52. Decedent’s estate incurred medical, hospital, funeral, and burial expenses
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53. Plaintiff, Tenia Goshay, as Personal Representative of the Estate of
damages allowed under the Michigan Wrongful Death Act, MCL 600.2922.
54. As a direct and proximate result of Defendants’ conduct, Plaintiff has been
CONCLUSION
Judgment in her favor in an amount that good conscience dictates and against Defendants
Respectfully submitted,
Date:
CERTIFICATE OF SERVICE
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JURY REQUEST
Plaintiff, by and through counsel, hereby requests a trial by jury in the above-
captioned matter.
judgment in favor of Plaintiff against Defendants, in an amount the Court or jury deems
Respectfully submitted,
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Date: June 22, 2020
CERTIFICATE OF SERVICE
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