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Lawsuit Against Cuyahoga County, MetroHealth Alleges Whistleblower Violations

Gary Brack speaks at a press conference with his lawyer Subodh Chandra. [Mark Urycki / ideastream]
Gary Brack stands at a podium full of microphones during a press conference with his lawyer Subodh Chandra.

The former nursing director for the Cuyahoga County Jail filed a lawsuit late Tuesday against County Executive Armond Budish, former Regional Director of Corrections Ken Mills and others for First Amendment retaliation and liability for criminal acts.

The lawsuit alleges the county and MetroHealth committed conspiracy to violate Gary Brack鈥檚 civil rights and includes multiple counts of violations of free speech and whistleblower protections under state and federal law.

Brack was a MetroHealth employee working at the Cuyahoga County Corrections Center under a contract to provide medical care at the jail. He was removed from that position after speaking out against Mills at a May 22, 2018, county council committee meeting. At that meeting, Brack testified that the jail nursing situation was dire and accused Mills of blocking the hiring of additional nurses.

At a Wednesday press conference, Brack said he walked away expecting Metrohealth CEO Akram Boutros and County Executive Armond Budish would fix the problem.

鈥淣ever once did Dr. Boutros or Armond Budish pick up the phone and say, 鈥楬ey Nurse Brack, what鈥檚 going on down there?鈥欌 Brack said. 鈥淲hat did happen was two days later I鈥檓 summoned to Metrohealth and told, 鈥榊ou鈥檙e relieved of your position.鈥欌

The lawsuit states, 鈥淗is candid answers to County legislators triggered malfeasance investigations, a string of public-corruption indictments, and renewed cries for County reform.鈥  

Named in the suit are Cuyahoga County itself, MetroHealth CEO Akram Boutros, Boutros鈥檚 chief of staff, Jane Platten, and Mills.

鈥淚t is time for Cuyahoga County to reckon with the unmitigated disaster of our local jail鈥檚 mismanagement,鈥 said Subodh Chandra, Brack鈥檚 lead counsel, in a Wednesday press release. 

A spokesperson for Cuyahoga County declined to comment on the lawsuit and a MetroHealth spokesperson said in an email, 鈥淲e鈥檙e still reviewing the complaint and are not in a position to comment at this time.鈥

 

 

The lawsuit also details Mills鈥 alleged years of sanctioning violence against inmates, withholding medical care, obstructing mental health care, homophobic comments, and problematic treatment of other employees, including the county鈥檚 former Director of Nursing, Marcus Harris, who resigned in 2017. Some of Mills鈥 conduct has already been investigated by the Cuyahoga County Inspector General.

Mills, who resigned in November, was indicted in January along with a current county employee and a former one. Prosecutors accuse Mills of lying to county council at the May 2018 meeting. He has pleaded not guilty.

The FBI and the Ohio Bureau of Criminal Investigation raided Budish鈥檚 office in Feburary, seeking Budish鈥檚 electronic records, files on the county jail and any evidence of extortion, obstruction and other crimes, according to a search warrant. Law enforcement confiscated files on jail complaints, two desktop computers, an iPhone and files on a proposal to privatize medical care at the jail.

Budish has maintained his innocence, releasing a statement after the raid that it was 鈥渨ithout justification鈥 and appeared to be politically motivated.