The family of a Jefferson County woman who died after she was found unresponsive in the Crystal City Jail is suing the city, as well as Crystal City Police officers and Joachim-Plattin Ambulance District emergency medical technicians.
Kimberly Kertz was found unresponsive in the jail cell in February 2022 and was transported to an area hospital where she was pronounced dead. She was 38 and lived in Pevely and left behind three children.
Her estate, along with her mother, Paula Kertz, are suing the city and other defendants for alleged negligence and are asking for $15 million in compensatory damages, plus punitive damages, attorney’s fees and other court costs.
In addition to Crystal City, the defendants named in the federal lawsuit include Edward “Eddie” Robinson, detective sergeant; Kyle Boyer, police sergeant; James Link, detective sergeant; Curtis Pullen, police officer; Timothy Bennett, police officer; Jeff Price, dispatcher; Kristina Long, dispatcher; Kathy Forester, dispatcher; Brittany Meyer, dispatcher; Greg Maguire, EMT; and Andy Dixon, EMT.
The lawsuit was filed Feb. 7 in the U.S. District Court, Eastern District of Missouri. Joseph S. Dueker is assigned to the case. The suit lists the plaintiffs’ attorneys as Larry A. Bagsby and Karie M. Pennington.
At the time of Kimberly Kertz’ death, the officers and dispatchers named in the suit were members of the Crystal City Police, and the EMTs worked for the Joachim-Plattin Ambulance District (JPAD), according to court papers.
“The city is aware of the lawsuit,” Crystal City Administrator Jason Eisenbeis said in a written statement. “We plan to vigorously defend the employees of the Crystal City Police Department that are named in the suit.”
The lawsuit accuses the defendants of “intentional, wanton and malicious denial of medical treatment by supervisors and employees of the Crystal City Police Department.”
According to a story in the Feb. 17, 2022, Leader, Crystal City Police reported that officers were conducting prisoner cell checks at approximately 7:48 p.m., Feb. 9, 2022, when they found Kimberly Kertz unresponsive in her cell. Officers began administering medical attention until JPAD employees arrived and transported her to Mercy Hospital Jefferson in Crystal City. She was pronounced dead a short time later by hospital medical personnel.
Kertz had been arrested on multiple warrants, Crystal City Police Chief Chad Helms said at the time.
The suit claims that Kertz had been in the custody of Crystal City Police for just more than 43 hours before her death, during which time she displayed serious opiate withdrawal symptoms, such as involuntary muscle movements, chills and vomiting, and police staff did not provide or transport her to the proper care she needed.
The suit claims that on Feb. 8, 2022, a day before Kertz died, JPAD employees were called to assess her condition while she was being held at the jail, but they did not respond properly to her condition and should have transported her to a hospital for medical treatment at that time.
In addition, the suit claims Kertz had served as a confidential informant for Crystal City Police for three years, but refused to provide information in a specific case, so the police withheld proper medical care as “payback.”
The suit further states that the defendants conspired together to withhold medical treatment from Kertz, reducing her chance for survival.
“The conduct of these defendants was committed with deliberate indifference to, and reckless disregard to the constitutional rights of Kimberly Kertz and her physical safety, thereby entitling the plaintiffs to punitive damages against each defendant,” according to the lawsuit.
As of Monday, no upcoming hearings were scheduled in the suit.
JPAD officials did not respond for comment as of Leader deadline on Tuesday.