Wrongful Death and Civil Rights Lawsuit Filed Against City of Sunrise, Fire Chief, and Medical Providers

The family of an elderly woman who died in Sunrise, Florida in 2024 has filed suit against the local fire department and medical providers, alleging wrongful death, race discrimination and various civil rights violations. The pro se suit was filed by Calvin Allen, Sr., in the U.S. District Court for the Southern District of Florida over the July 4, 2024 death of his mother, Ethel C. Allen.

The defendants include the City of Sunrise, Sunrise Fire Rescue personnel, the fire chief, the Florida Medical Center, and an emergency room physician. According to the complaint, Ethel Allen was 87 years old at the time of her death and had a history of congestive heart failure and an implanted pacemaker-defibrillator. The plaintiff alleges that while vacationing in Sunrise, Ms. Allen became non-responsive at a family’s residence, prompting a 911 call. Sunrise Fire Rescue EMS personnel and Sunrise police officers responded to the scene.

The plaintiff alleges that upon arrival, EMS personnel initiated CPR despite being informed that Ms. Allen had a pacemaker-defibrillator and a low pulse. He contends that the CPR was performed in an unreasonable, aggressive, and reckless manner, contrary to accepted protocols for elderly patients with implanted cardiac devices. The complaint asserts that EMS personnel falsely reported finding no pulse upon arrival and continued manual chest compressions both inside the residence and during transport.

Quoting from the complaint (note: the pro se complaint contains awkward wording and grammatical errors, making comprehension difficult):

• [O]n July 4, 2024 decedent lived with daily a maximum high of 60 sixty pulse rate per minute, which was normal over the past 5 five years. After giving decedent her medication. Decedent wanted to lay back down in bed, which petitioner accommodated decedent because of the lengthy-travel from Springfield, Missouri to Sunrise, Florida.
• That Petitioner alleged on July 4, 2024 and elder’s daughter Jasmine, as result of her observation of decedent in a deep sleep made premature 911 call on July 4, 2024. Late afternoon for decedent being allegedly non-responsive. After the 911 call was made, and in following the instructions of 911 operator.
• That Petitioner alleged on July 4, 2024 decedent removed mom from the bed. Place mom on the floor with the Boston Scientific Latitude Communicator machine beside the bed that monitor mom pulse and pace-maker-fibrillation. Upon, the EMS, paramedics arrival within five minutes of the call and Sunrise police officer.
• That Petitioner alleged on July 4, 2024 express with specificity after EMS, emergency medical services arrival to residence. Along with Sunrise police officers on July 4, 2024. As decedent caregiver, petitioner sufficiently informed the paramedics based in their questioning.
• That Petitioner alleged on July 4, 2024 express with specificity to EMS paramedics were dealing with an elderly (87), eighty-seven year old fragile African American female. Further, expression to EMS paramedics the current medical conditions of decedent. Decedent had been diagnosis of congestive heart failure and had an implanted pacemaker-defibrillator.
• That Petitioner alleged on July 4, 2024 express with specificity informed EMS of the Boston Scientific Latitude Communicator machine on the side of decedent bed that monitored the heart pulse and pacemaker-fibrillation. On July 4, 2024, upon the Sunrise police officer and EMS paramedics demanded and requested all of us to leave the bedroom.
• That Petitioner alleged on July 4, 2024 express with specificity the EMS paramedics obtain low pulse and begin their unreasonable and inappropriate hand-to-chest compressions CPR techniques. This is contrary to EMS false, erroneous and pretext reporting of finding no pulse upon their arrival.
• That Petitioner alleged on July 4, 2024 express with specificity while decedent was lying on the floor EMS paramedics begin their hand-to-chest compression and pushing down on her chest. After EMS, Mr. McNamara applied the egregiously negligent, reckless and aggressive CPR of mom on the floor, 1 to 2 minutes on July 4, 2024.

Ms. Allen was transported to Florida Medical Center, where she was pronounced dead. The plaintiff alleges that emergency room staff informed him that the cause of death was cardiac arrest, but no autopsy was performed at that time. He further alleges irregularities in the death certification process, including confusion over who was responsible for certifying the death and delays in issuing the death certificate.

The complaint also alleges that Florida Medical Center staff and EMS personnel concealed or misrepresented information related to the CPR performed, the cause of death, and medical records. The plaintiff contends that these actions resulted in emotional distress, additional costs related to burial and potential exhumation, and interference with efforts to determine the precise cause of death.

The lawsuit asserts claims under federal civil rights statutes, including 42 U.S.C. §§ 1981, 1983, and 1985, as well as state law wrongful death and negligence theories. The plaintiff alleges that the defendants deprived Ms. Allen of equal protection and her right to life and medical care, and that race was a motivating factor in the alleged misconduct. He seeks compensatory damages, declaratory relief, and a jury trial.

Here is a copy of the complaint.