Complaint: Federal Bureau of Narcotics, 403 U.S. 388 (1972) - The Court Has Jurisdiction Over This Action

Case 5:22-cv-00115 Document 1 Filed 02/28/22 Page 1 of 17 PageID 1
UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
Case No.
ROBERT CONYERS JR., as Personal Representative
of the Estate of DAVON GILLIANS,
Plaintiff,
v.
KATHY LANE, OFFICER AYERS,
OFFICER BOSTIC, OFFICER PERKINS,
OFFICER MOREY, OFFICER KITCHEN, and
OFFICER KIRKENALL,
Defendants.
_____________________________________/
COMPLAINT
Plaintiff, ROBERT CONYERS JR., as Personal Representative of the Estate of DAVON
GILLIANS, sues the Defendants, KATHY LANE, OFFICER AYERS, OFFICER BOSTIC,
OFFICER PERKINS, OFFICER MOREY, OFFICER KITCHEN, and OFFICER KIRKENALL,
and alleges as follows:
1. This is a civil action brought pursuant to Bivens v. Six Unknown Named Agents of
Federal Bureau of Narcotics, 403 U.S. 388 (1972). The Court has jurisdiction over this action
pursuant to 28 U.S.C. 1331 and 2201.
2. Venue is proper in this Court because the events giving rise to the claims occurred
within this district, as set forth below.
3. Plaintiff ROBERT CONYERS JR. is the surviving father of DAVON GILLIANS
and was appointed Personal Representative of the Estate of DAVON GILLIANS.
1
4. At all times material hereto, DAVON GILLIANS, age 22 was incarcerated at
Federal Correctional Institution Coleman (“Coleman”) in Sumter County, Florida. He was
scheduled to be released from prison in the year 2022.
5. At all times material hereto, Defendant OFFICER AYERS, was and is a resident
and citizen of Florida working as a corrections officer at Coleman.
6. At all times material hereto, Defendant OFFICER PERKINS, was and is a resident
7. At all times material hereto, Defendant KATHY LANE, was and is a resident and
citizen of Florida working as Warden at Coleman.
8. At all times material hereto, Defendant OFFICER BOSTIC, was and is a resident
9. At all times material hereto, Defendant OFFICER KITCHEN, was and is a resident
and citizen of Florida working as a corrections officer at Coleman. He is believed to be a
lieutenant.
10. At all times material hereto, Defendant OFFICER MOREY, was and is a resident
11. At all times material hereto, Defendant OFFICER KIRKENALL, was and is a
resident and citizen of Florida working as a corrections officer at Coleman.
12. DAVON GILLIANS suffered from sickle cell disease requiring daily prescription
medication.
13. Defendants knew that DAVON GILLIANS suffered from sickle cell disease and
that his condition required medication.
2
14. On or about May 16, 2021, for unknown reasons, Defendant AYERS, Defendant
MOREY, and other officers physically removed DAVON GILLIANS from his cell with handcuffs
locked behind his back. At no time did DAVON GILLIANS offer any resistance to the removal.
15. Despite being compliant, Defendant AYERS physically assaulted DAVON
GILLIANS, including by punching him and ultimately choking him causing a brief loss of
consciousness.
16. Defendant AYERS, along with other unknown officer(s), then violently lifted
DAVON GILLIANS up from the floor and strapped him in a restraint chair where he would remain
in solitary confinement for 24-48 hours.
17. During this period of solitary confinement, DAVON GILLIANS remained strapped
into a restraint chair without being provided food, water, or medication.
18. On or about the evening of May 18, 2021, Defendant AYERS, Defendant
KITCHEN, Defendant MOREY, Defendant BOSTIC, Defendant KIRKENALL and perhaps other
unknown officers, removed DAVON GILLIANS from the restraint chair and escorted him to
another cell, that was not DAVON GILLIANS’ assigned cell.
19. An inmate, believed to be known as “Cleveland”, resided in the Unit B Range in a
single cell due to his mental health issues and propensity for violence. On information and believe,
Coleman officers were instructed not to place any inmates in a cell with “Cleveland.”
20. Despite this directive, Defendant BOSTIC, Defendant KITCHEN, Defendant
MOREY, Defendant KIRKENALL, Defendant BOSTIC, and perhaps other unknown officers
deliberately placed DAVON GILLIANS in a cell with inmate Cleveland as a punitive measure.
21. On information and belief, it was custom and/or practice at Coleman for officers to
place inmates in particular cells for the purpose of inciting violence as a form of punishment.
3
22. Immediately thereafter, as was intended by the above-named Defendants, inmate
Cleveland began fighting with DAVON GILLIANS.
23. Rather than intervene, the above-named Defendants deliberately allowed the fight
to persist for an extended period of time to ensure that DAVON GILLIANS would be injured.
24. After several minutes of fighting, Defendant KITCHEN, Defendant MOREY,
Defendant BOSTIC, Defendant KIRKENALL, and perhaps other unknown officers used large
amounts of pepper spray in an attempt to extract DAVON GILLIANS and Cleveland from the cell.
25. Cleveland was removed from the cell, but DAVON GILLIANS was unable to exit
the cell under his own will.
26. Defendant BOSTIC, Defendant KITCHEN, Defendant MOREY, Defendant
KIRKENALL, and perhaps other unknown officers entered the cell, assaulted DAVON
GILLIANS, and lifted him by his arms and legs out of the cell.
27. DAVON GILLIANS was in clear medical distress and continued to ask for water,
but this request was denied. Defendant BOSTIC, Defendant KITCHEN, Defendant MOREY,
Defendant KIRKENALL, and perhaps other unknown officers intentionally withheld food, water,
medical attention, and medication from DAVON GILLIANS despite his condition.
28. Instead, Defendant BOSTIC, Defendant KITCHEN, Defendant MOREY,
Defendant KIRKENALL, and perhaps other unknown officers then escorted DAVON GILLIANS
back to solitary confinement and once again placed him in the restraint chair without food, water,
or medical attention despite his deteriorating condition.
29. On information and belief, at Coleman, officers frequently utilized a restraint chair
as a form of punishment in a manner that constitutes violation of inmates’ Eighth Amendment
rights. The restraint chair is placed in a holding cell, facing a wall and includes straps and shackles
4
tightened to the point of causing pain and scarring. The inmate is purposefully placed in an
uncomfortable position; the restraint chair is tilted backwards and there is no neck or head support.
While inmates are in the restraint chair, the custom and practice at Coleman is to withhold food,
water, medication, and medical attention from the inmate being restrained. The custom and
practice at Coleman is to keep inmates in the restraint chair for such extended periods of time that
they end up urinating and/or defecating on themselves. Upon being released from the restraint
chair, the inmate is then required to clear the chair and surrounding area. The use of the restraint
chair continued for an extensive period of time and was rampant at the facility. At least one officer
at Coleman had gloated that he once placed an inmate in the restraint chair for over eighty hours
and was intent on “breaking that record.” Use, or threatened use, of “the chair” as it was referred
to by the officers at Coleman, was done to threaten, carry out retribution, or otherwise to simply
subject inmates to cruel and usual punishment.
30. The use of the restraint chair in the manner described above is utilized by Coleman
officers in manner that is persistent, pervasive, and widespread, and was known by Defendant
LANE.
31. DAVON GILLIANS was subjected to these policies, practices, or customs of
Coleman and he remained restrained for an extended period of time.
32. During the time he was restrained, DAVON GILLIANS was denied food, water,
medication, adequate medical attention, and the use of the bathroom.
33. DAVON GILLIANS’ condition worsened, and inmates could hear him pleading
for food, and stating that he could not feel his legs, had urinated on himself, and was concerned he
was going to die.
5
34. Defendant AYERS, Defendant BOSTIC, and other officers knew that DAVON
GILLIANS was in distress and his condition was deteriorating. They also knew that he was being
denied food, water, medication, and medical attention and had been restrained for a prolonged
period of time.
35. In the late hours of May 18, 2021, and/or early hours of May 19, 2021, while still
strapped in a restraint chair, DAVON GILLIANS suffered a further decline in medical status and
was ultimately rushed to the emergency room at Leesburg Hospital.
36. Shortly thereafter he was pronounced dead.
37. The manner of DAVON GILLIANS’ death was determined to be “homicide” and
the cause of DAVON GILLIANS’ death was determined to be a vaso-occlusive crisis complicated
by oleoresin capsicum (pepper spray) use and prolonged restraint following altercation.
38. Two autopsies were performed on DAVON GILLIANS. The results from the first
autopsy were utilized by the medical examiner to certify the case of death referenced above.
However, the autopsy report, photographs, and pathology are not being made available to DAVON
GILLIANS’ next of kin and the Personal Representative of his Estate on the basis of an “ongoing
criminal investigation.”
39. A second, private autopsy performed on DAVON GILLIANS revealed abrasions
to his arm and chest, soft tissue hemorrhage in the chest and neck, bilateral scleral hemorrhages,
contusions within the right side of the chest wall, hemorrhages extending into the bilateral
sternocleidomastoid muscles. The autopsy also revealed hemorrhages in the chest, neck and eyes
consistent with a restraint event as described in the death certificate.
COUNT I
DEFENDANT AYERS’ VIOLATION OF GILLIANS’ EIGHTH AMENDMENT RIGHTS
Plaintiff realleges paragraph 1 through 39 and further alleges as follows:
6
40. Pursuant to the Eighth Amendment, DAVON GILLIANS had a constitutional right
to be free from cruel and unusual punishment.
41. Defendant AYERS violated DAVON GILLIANS’ constitutional right to be free
from cruel and unusual punishment and is liable personally for this violation.
42. Defendant AYERS knew that DAVON GILLIANS suffered from a medical
condition.
43. Defendant AYERS intentionally placed DAVON GILLIANS in the restraint chair
for a dangerous and prolonged period of time and despite his medical condition and injuries. In
doing so, he was deliberately indifferent in a manner that increased the known risk of serious harm
and death in violation of DAVON GILLIANS’ Eighth Amendment Rights.
44. Defendant AYERS withheld the provision of adequate water, food, hygiene, and
medical attention from DAVON GILLIANS. In doing so, he was deliberately indifferent in a
manner that increased the known risk of serious harm and death in violation of DAVON
GILLIANS’ Eighth Amendment Rights.
45. Defendant AYERS knew that other officers had intentionally placed DAVON
GILLIANS into a cell with an inmate known to have a mental health issue and be prone to violence
as a punitive measure. He also knew that officers intentionally used excessive amounts of pepper
spray on DAVON GILLIANS, and physically beat him in violation of his Eighth Amendment
Rights. Nonetheless, Defendant AYERS withheld food, water, medication, and medical attention
from DAVON GILLIANS as a further punitive measure.
46. In doing so, he was deliberately indifferent in a manner that increased the known
risk of serious harm and death in violation of DAVON GILLIANS’ Eighth Amendment Rights.
7
47. Defendant AYERS’ conduct was of a gross and flagrant character, suggestive of a
reckless disregard human life or safety, and/or complete lack of care suggesting indifference to
consequences, there by entitling Plaintiff to punitive damages.
48. As a direct and proximate cause of Defendant AYERS’ deliberate indifference,
DAVON GILLIANS suffered harm and died in violation of his Eighth Amendment rights and
Plaintiff was caused to suffer the damages described below.
COUNT II
DEFENDANT PERKINS
VIOLATION OF GILLIANS’ EIGHTH AMENDMENT RIGHTS
50. Defendant PERKINS violated DAVON GILLIANS’ constitutional right to be free
51. Defendant PERKINS knew that DAVON GILLIANS suffered from a medical
condition.
52. Defendant PERKINS intentionally placed DAVON GILLIANS in the restraint
chair, or otherwise failed to intervene as others placed DAVON GILLIANS in the restraint chair
53. Defendant PERKINS intentionally withheld the provision of adequate water, food,
hygiene, and medical attention, or otherwise failed to intervene as others withheld water, food,
hygiene, and medical attention from DAVON GILLIANS. In doing so, he was deliberately
8
indifferent in a manner that increased the known risk of serious harm and death in violation of
DAVON GILLIANS’ Eighth Amendment Rights.
54. Defendant PERKINS’ conduct was of a gross and flagrant character, suggestive of
a reckless disregard human life or safety, and/or complete lack of care suggesting indifference to
55. As a direct and proximate cause of Defendant PERKINS deliberate indifference,
COUNT III
DEFENDANT BOSTIC’S VIOLATION OF
GILLIANS’ EIGHTH AMENDMENT RIIGHTS
57. Defendant BOSTIC violated DAVON GILLIANS’ constitutional right to be free
58. Defendant BOSTIC knew that DAVON GILLIANS suffered from a medical
condition.
59. Defendant BOSTIC intentionally placed DAVON GILLIANS into a cell with an
inmate known to have a mental health issue and be prone to violence as a punitive measure. In
60. Defendant BOSTIC intentionally used excessive amounts of pepper spray on
DAVON GILLIANS, and physically beat him in violation of his Eighth Amendment Rights.
9
61. Defendant BOSTIC intentionally placed DAVON GILLIANS in the restraint chair,
or otherwise failed to intervene as others placed DAVON GILLIANS in the restraint chair for a
dangerous and prolonged period of time and despite his medical condition and injuries. In doing
so, he was deliberately indifferent in a manner that increased the known risk of serious harm and
death in violation of DAVON GILLIANS’ Eighth Amendment Rights.
62. Defendant BOSTIC intentionally withheld the provision of adequate water, food,
hygiene, medication and medical attention, or otherwise failed to intervene as others withheld
water, food, hygiene, medication and medical attention from DAVON GILLIANS. In doing so, he
was deliberately indifferent in a manner that increased the known risk of serious harm and death
in violation of DAVON GILLIANS’ Eighth Amendment Rights.
63. Defendant BOSTIC’s conduct was of a gross and flagrant character, suggestive of
64. As a direct and proximate cause of Defendant BOSTIC’s deliberate indifference,
COUNT IV
DEFENDANT KITCHEN’S VIOLATION OF
GILLIANS’ EIGHTH AMENDMENT RIGHTS
66. Defendant KITCHEN violated DAVON GILLIANS’ constitutional right to be free
10
67. Defendant KITCHEN knew that DAVON GILLIANS suffered from a medical
condition.
68. Defendant KITCHEN intentionally placed DAVON GILLIANS into a cell with an
69. Defendant KITCHEN intentionally used excessive amounts of pepper spray on
70. Defendant KITCHEN intentionally placed DAVON GILLIANS in the restraint
71. Defendant KITCHEN intentionally withheld the provision of adequate water, food,
72. Defendant KITCHEN’s conduct was of a gross and flagrant character, suggestive
of a reckless disregard human life or safety, and/or complete lack of care suggesting indifference
to consequences, there by entitling Plaintiff to punitive damages.
11
73. As a direct and proximate cause of Defendant KITCHEN’s deliberate indifference,
COUNT V
DEFENDANT MOREY’S VIOLATION OF
Plaintiff realleges paragraphs 1 through 39 and further alleges as follows:
75. Defendant MOREY violated DAVON GILLIANS’ constitutional right to be free
76. Defendant MOREY knew that DAVON GILLIANS suffered from a medical
condition.
77. Defendant MOREY intentionally placed DAVON GILLIANS into a cell with an
78. Defendant MOREY intentionally used excessive amounts of pepper spray on
79. Defendant MOREY intentionally placed DAVON GILLIANS in the restraint chair,
or otherwise failed to intervene as others placed DAVON GILLIANS in the restraint chair for a
dangerous and prolonged period of time and despite his medical condition and injuries. In doing
so, he was deliberately indifferent in a manner that increased the known risk of serious harm and
death in violation of DAVON GILLIANS’ Eighth Amendment Rights.
12
80. Defendant MOREY intentionally withheld the provision of adequate water, food,
81. Defendant MOREY’s conduct was of a gross and flagrant character, suggestive of
82. As a direct and proximate cause of Defendant MOREY’s deliberate indifference,
COUNT VI
DEFENDANT KIRKENALL’S VIOLATION OF
84. Defendant KIRKENALL violated DAVON GILLIANS’ constitutional right to be
free from cruel and unusual punishment and is liable personally for this violation.
85. Defendant KIRKENALL knew that DAVON GILLIANS suffered from a medical
condition.
86. Defendant KIRKENALL intentionally placed DAVON GILLIANS into a cell with
an inmate known to have a mental health issue and be prone to violence as a punitive measure. In
13
87. Defendant KIRKENALL intentionally used excessive amounts of pepper spray on
88. Defendant KIRKENALL intentionally placed DAVON GILLIANS in the restraint
89. Defendant KIRKENALL intentionally withheld the provision of adequate water,
food, hygiene, medication and medical attention, or otherwise failed to intervene as others
withheld water, food, hygiene, medication and medical attention from DAVON GILLIANS. In
90. Defendant KIRKENALL’s conduct was of a gross and flagrant character,
suggestive of a reckless disregard human life or safety, and/or complete lack of care suggesting
indifference to consequences, there by entitling Plaintiff to punitive damages.
91. As a direct and proximate cause of Defendant KIRKENALL’s deliberate
indifference, DAVON GILLIANS suffered harm and died in violation of his Eighth Amendment
rights and Plaintiff was caused to suffer the damages described below.
COUNT VII
DEFENDANT LANE’S VIOLATION OF GILLIANS’ EIGHTH AMENDMENT RIGHTS
14
93. Defendant LANE violated DAVON GILLIANS’ constitutional right to be free
94. As Warden of Coleman, Defendant LANE was responsible for setting policy, and
directing the governance, discipline and policy of Coleman, and enforcing its orders, rules, and
regulations.
95. Defendant LANE was personally aware of a history and culture of widespread
abuse and deliberate indifferent treatment by Coleman officers.
96. Defendant LANE was personally aware of the custom and practice of punishing
inmates by placing them with specific inmates for the sole purpose of inciting violence.
97. Defendant LANE was personally aware of the custom and practice utilized at
Coleman of punishing inmates by placing them in the restraint chair for dangerously prolonged
periods of time and withholding food, water, use of the bathroom, medication and medical
treatment.
98. Despite being so aware, LANE was deliberately indifferent to the policies, customs,
and practices as Coleman that increased the known risk of serious harm and death in violation of
DAVON GILLIANS’ Eighth Amendment rights.
99. Defendant LANE was deliberately indifferent when she:
a. Failed to stop the custom, or practice of disciplining and punishing inmates
at Coleman by placing them with other inmates for the sole purpose of
inciting violence;
15
b. Failed to stop the custom or practice of Coleman officers of placing
disciplining and punishing inmates by utilizing restraint chairs in inhumane
ways including for prolonged, dangerous, and unreasonable lengths of time;
c. Failing to remedy the policies, practices, and/or customs of the Coleman
officers which resulted in DAVON GILLIANS being placed in a cell with
an inmate known to be prone to violence and mental health episodes, being
beaten, and being placed in the restraint chair for a prolonged, dangerous
and unreasonable lengths of time;
d. Failing to remedy the policies, practices, and/or customs of the Coleman
officers of withholding food, water, medication, and use of the bathroom to
inmates placed in restraint chair for prolonged, dangerous, and
unreasonable lengths of time.
100. Defendant LANE’s conduct was of a gross and flagrant character,
suggestive of a reckless disregard of human life or safety, and/or a complete lack of care suggesting
indifference to the consequences, thereby entitling Plaintiff to punitive damages.
101. As a direct and proximate cause of Defendant LANE’s deliberate
indifference, DAVON GILLIANS suffered harm and died in violation of his Eighth Amendment
rights and Plaintiff was caused to suffer the damages described below.
DAMAGES
102. Plaintiff is entitled to and seeks recovery of the following damages:
a. On behalf of Robert Conyers Jr., father of DAVON GILLIANS, mental pain

and suffering;
16
b. On behalf of Shanika Gillians, mother of DAVON GILLIANS, mental pain

and suffering;
c. Medical or funeral expenses due to the decedent’s injury or death that have
become a charge against her or his estate or that were paid by or on behalf
of decedent;
d. On behalf of the Estate of DAVON GILLIANS, loss of prospective net

accumulations of DAVON GILLIANS’ estate which would have been
reasonably expected but for his wrongful death.
103. Punitive damages against all Defendants.
WHEREFORE, the Plaintiff ROBERT CONYERS JR., as Personal Representative of the
Estate of DAVON GILLIANS, demands judgment against the Defendants and all other relief
deemed just and proper under the circumstances, and requests trial by jury of all issues triable as
of right by jury.
Dated: February 28, 2022
STEWART TILGHMAN FOX BIANCHI & CAIN, P.A.

Attorneys for Plaintiffs
One Southeast Third Avenue
Suite 3000
Miami, Florida 33131
305-358-6644 – Telephone
305-358-4707 – Facsimile
______________________
MICHAEL LEVINE
Florida Bar No. 107363
STEPHEN F. CAIN
Florida Bar No. 425419
&
THE PEPER LAW FIRM, PA

Attorney for Plaintiff
548 Savannah Highway
Charleston, South Carolina 29407
MARK A. PEPER
Pro Hac Pending
17

Complaint: Federal Bureau of Narcotics, 403 U.S. 388 (1972) - The Court Has Jurisdiction Over This Action

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Case 5:22-cv-00115 Document 1 Filed 02/28/22 Page 1 of 17 PageID 1

UNITED STATES DISTRICT COURT

OFFICER PERKINS, OFFICER MOREY, OFFICER KITCHEN, and OFFICER KIRKENALL,

and alleges as follows:

pursuant to 28 U.S.C. 1331 and 2201.

within this district, as set forth below.

3. Plaintiff ROBERT CONYERS JR. is the surviving father of DAVON GILLIANS

and was appointed Personal Representative of the Estate of DAVON GILLIANS.

4. At all times material hereto, DAVON GILLIANS, age 22 was incarcerated at

Federal Correctional Institution Coleman (“Coleman”) in Sumter County, Florida. He was

scheduled to be released from prison in the year 2022.

and citizen of Florida working as a corrections officer at Coleman.

and citizen of Florida working as a corrections officer at Coleman.

citizen of Florida working as Warden at Coleman.

and citizen of Florida working as a corrections officer at Coleman.

and citizen of Florida working as a corrections officer at Coleman. He is believed to be a

and citizen of Florida working as a corrections officer at Coleman.

resident and citizen of Florida working as a corrections officer at Coleman.

that his condition required medication.

15. Despite being compliant, Defendant AYERS physically assaulted DAVON

in solitary confinement for 24-48 hours.

into a restraint chair without being provided food, water, or medication.

another cell, that was not DAVON GILLIANS’ assigned cell.

19. An inmate, believed to be known as “Cleveland”, resided in the Unit B Range in a

20. Despite this directive, Defendant BOSTIC, Defendant KITCHEN, Defendant

22. Immediately thereafter, as was intended by the above-named Defendants, inmate

Cleveland began fighting with DAVON GILLIANS.

24. After several minutes of fighting, Defendant KITCHEN, Defendant MOREY,

the cell under his own will.

26. Defendant BOSTIC, Defendant KITCHEN, Defendant MOREY, Defendant

28. Instead, Defendant BOSTIC, Defendant KITCHEN, Defendant MOREY,

or medical attention despite his deteriorating condition.

as a form of punishment in a manner that constitutes violation of inmates’ Eighth Amendment

subject inmates to cruel and usual punishment.

31. DAVON GILLIANS was subjected to these policies, practices, or customs of

Coleman and he remained restrained for an extended period of time.

medication, adequate medical attention, and the use of the bathroom.

was going to die.

was ultimately rushed to the emergency room at Leesburg Hospital.

36. Shortly thereafter he was pronounced dead.

39. A second, private autopsy performed on DAVON GILLIANS revealed abrasions

consistent with a restraint event as described in the death certificate.

Plaintiff realleges paragraph 1 through 39 and further alleges as follows:

to be free from cruel and unusual punishment.

41. Defendant AYERS violated DAVON GILLIANS’ constitutional right to be free

and death in violation of DAVON GILLIANS’ Eighth Amendment Rights.

GILLIANS’ Eighth Amendment Rights.

from DAVON GILLIANS as a further punitive measure.

consequences, there by entitling Plaintiff to punitive damages.

48. As a direct and proximate cause of Defendant AYERS’ deliberate indifference,

Plaintiff was caused to suffer the damages described below.

Plaintiff realleges paragraph 1 through 39 and further alleges as follows:

to be free from cruel and unusual punishment.

50. Defendant PERKINS violated DAVON GILLIANS’ constitutional right to be free

52. Defendant PERKINS intentionally placed DAVON GILLIANS in the restraint

and death in violation of DAVON GILLIANS’ Eighth Amendment Rights.

DAVON GILLIANS’ Eighth Amendment Rights.

consequences, there by entitling Plaintiff to punitive damages.

55. As a direct and proximate cause of Defendant PERKINS deliberate indifference,