McCloud Lawsuit

NAILAH K.
BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
New Case Electronically Filed:

September 25,2018 12:06
By: THOMAS J. SILK 0021462
Confirmation Nbr. 1503714
SHABRINA MCCLOUD, ET AL. CV 18 904319
vs.
Judge: PAMELA A BARKER
CUYAHOGA COUNTY BOARD OF
COMMISSIONERS, ET AL.
Pages Filed: 29
Electronically Filed 09/25/2018 12:06/ / CV 18 904319 / Confirmation Nbr. 1503714 / CLSLP

IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
SHABRINA McCLOUD ) CASE NO

c/o Obral, Silk & Associates, LLC )
55 Public Square, Suite 1700 )
Cleveland, OH 44113 )
)
)
and )
)
)
KEVIN LIPMAN as Administrator of the Estate of )
Ta’Naejah McCloud )
55 Public Square, Suite 1750 )
Cleveland, Oh 44113 )
)
Plaintiffs, )
)
-vs- )
)
CUYAHOGA COUNTY BOARD OF )
COMMISSIONERS ) JUDGE
c/o Armond Budish County Executive )
2079 East Ninth Street )
)
)
and )
)
)
CUYAHOGA COUNTY DEPARTMENT OF )
CHILDREN AND FAMILY SERVICES )
c/o Cynthia Weiskittel, Director )
3955 Euclid Avenue )
)
)
and )
)
)
TEQUILA CRUMP )
Inmate No. W101504 ) COMPLAINT
c/o Warden, Wanza Jackson ) WITH JURY DEMAND
Dayton Correctional Institution )
4104 Germantown Street )
Dayton, OH 45417 )
and )
)
Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirmation Nbr. 1503714/CLSLP

)
URSULA OWENS )
Inmate No. W101555 )
c/o Warden, Ronnette Burkes )
Ohio Reformatory for Women )
1479 Collins Avenue )
Marysville, OH 43040 )
)
and )
)
KRISTINA QUINT, )
Individually and as agent of )
Cuyahoga County Children and Family Services )
c/o Cuyahoga County Department of Children and )
Family Services )
)
and )
)
ADA JACKSON, )
Cuyahoga County Children and Family Services )
Family Services )
)
and )
)
MARQUETESE BETTS, )
Cuyahoga County Children Family Services )
Family Services )
)
and )
)
JOHN/JANE DOE I-VII,
Individually and as agent of
Cuyahoga County Children and Family Services
c/o Cynthia Weiskittel, Director
3955 Euclid Avenue
Cleveland, OH 44115
Defendants.
Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirmation Nbr. 1503714 / CLSLP

COMPLAINT
Now come the Plaintiffs, SHABRINA MCCLOUD and KEVIN LIPMAN, as
Administrator for the Estate of TaNaejah McCloud, by and through their attorneys, THE
DERATANY FIRM and OBRAL, SILK & ASSOCIATES, LLC, and for their Complaint against
the defendants allege and state as follows:
INTRODUCTION
1. This action is brought on behalf of Kevin Lipman administrator of the Estate of
Ta’Naejah McCloud and Shabrina McCloud for the loss of Ta’Naejah McCloud, who was a
developmentally disabled five (5) year old child who required close oversight, attention and
care in order to ensure her safety and health.
2. From September, 2016, through March 17, 2017, Ta’Naejah suffered
unconscionable abuse both psychological and physical at the hands of her mother, Tequila
Crump and her live-in girlfriend, Ursula Owens, both named defendants herein. This abuse
resulted in the tragic death of Ta’Naejah on March 19, 2017, caused by, inter alia, the conduct
of these defendants.
3. The cause of death was determined to be blunt force injuries and the manner of
death was homicide following significant professional neglect by the defendant, Department of
Children Family Services. Five year old Ta’Naejah was brutally killed while those responsible
for protecting her either looked away or looked on and did nothing.
4. This action seeks to hold accountable the defendants who are the individuals,
professionals and the public and private agencies charged with protecting, investigating and
providing necessary services to Ta’Naejah.

5. The defendants named herein were responsible for investigating, protecting,
ensuring the safety, and providing necessary services to the family and this precious child. The
defendants, individually and collectively, turned a blind eye to clear and present indications of
ongoing physical abuse and neglect, acting indifferently to Ta’Naejah’s safety and well-being
and blatantly failing her, leaving her exposed to longstanding and continuing harm and
ultimately leading directly to her untimely death.
6. Further, defendants ignored mandated statutory requirements inclusive of
investigation requirements to protect children from neglect and abuse, were grossly reckless in
their duties, and acted in contravention of reasonable standards of care and practice.
7. As a result of the wrongful conduct described in this Complaint, Ta’Naejah
McCloud (age 5), became severely physically abused, brain dead and died on March 19, 2017.
8. This action seeks remedies for her harm and losses against the culpable parties,
whose actions and inactions violated the letter of the law, ignored professional standards, and
manifested an unforgivable and reckless indifference for the safety and health of this most
vulnerable disabled child. This action seeks compensatory and, where appropriate, punitive
damages for the horrific harms done to Ta’Naejah and her preventable death.
PARTIES
9. At all times relevant, decedent, Ta’Naejah McCloud (hereinafter referred to as
"Ta’Naejah") resided at 10722 Bryant Ave, Cleveland, Cuyahoga County, Ohio 44108, and
other unknown addresses with her mother, Tequila Crump and Mother’s partner, Ursula
Owens, both defendants herein.

10. At all times relevant herein, the plaintiff, Shabrina McCloud, was in loco
parentis mother, resided in Lynchburg VA.
11. Kevin Lipman was appointed on September 25, 2018 as administrator of the
Estate of Ta’Naejah McCloud, in The Court of Common Pleas of Cuyahoga County, Ohio,
Probate Division, Case Number 2018EST237105.
12. At all times relevant herein, the Defendant CUYAHOGA COUNTY BOARD OF
COMMISSIONERS, was and is a political subdivision in and for the County of Cuyahoga, State
of Ohio, that employed social workers, case managers and case workers who provided social
services that included, but were not limited to, foster care placement and implementation,
counseling services, investigations, evaluations and services for at risk families.
13. Defendant CUYAHOGA COUNTY DEPARTMENT OF CHILDREN AND
FAMILY SERVICES (hereinafter “CCDCFS”) is a public social services agency charged with
serving individuals and families in Cuyahoga County and providing them services that enhance
the quality of family life. Specifically, CCDCFS is a child protection agency charged with
providing social services to children which promote a child’s right to safety and stability, as well
as ensuring freedom from abuse and neglect.
14. CCDCFS employees and social workers also manage a 24-hour hotline/Intake
department that is charged with investigating child abuse and neglect; referring children and
families to services; and protecting children who are at risk of harm and cannot remain in their
homes.
15. John/Jane Doe I-VII were, at all times relevant, social workers employed by
CCDCFS operating in the course and scope of their employment and had a statutory duty to
record abuse and neglect, investigate reported abuse and neglect, conduct and complete safety

assessment, conduct face to face interviews of the alleged child victim, and act to remove a
child who is in danger of abuse. Plaintiff cannot identify said social workers by name because
records of their identity are maintained in the control and custody of Defendant CCDCFS and
are not available and cannot be discovered by the plaintiffs prior to the filing of the within
action.
16. Defendant, Kristina Quint, was at all times relevant herein, a social worker
employed by CCDCFS operating in the course and scope of her employment and was
responsible for screening and investigating claims of child abuse and neglect and protecting
children at serious risk of harm, conduct and complete a safety assessment, conduct face to face
interviews of the alleged child victim of child abuse or neglect, refer and recommend removal
of child victim from unsafe environment, initiate emergency removal proceedings to protect the
child victim. Specifically, Kristina Quint was charged with screening and investigating claims
for suspicion of neglect and abuse lodged in September, 2016, early in October, 2016 and mid
October, 2016 related to Ta’Naejah McCloud.
17. Defendant, Ada Jackson, was, at all times relevant, a social worker employed by
CCDCFS operating in the course and scope of her employment and was responsible for
screening and investigating claims of child abuse and neglect, conduct face to face interview of
child victim, protecting children at serious risk of harm, conduct and complete safety
assessment, refer and recommend removal of child victim from home, initiate emergency
removal proceedings to protect the child victim. Specifically, Ada Jackson was charged with
screening and investigating claims of neglect and abuses lodged in February 2017 through
March 17, 2017, related to Ta’Naejah McCloud.
18. Defendant, Marquetese Betts, was at all times relevant herein, a social worker

supervisor employed by CCDCFS operating in the course and scope of her employment and
was responsible for supervising the screening and investigations of claims of child abuse and
neglect, conduct and complete a safety assessment plan, refer and recommend removal of child
victim from home that is unsafe, initiate emergency removal proceedings to protect the child
victim. Specifically Marquetese Betts was charged with supervising the screening and
investigation of claims of abuse and neglect lodged in February, 2017, through March 17, 2017,
related to Ta’Naejah McCloud, and had responsibility to act and remove a child who is in an
unsafe environment.
19. Defendant, Tequila Crump (sometimes hereinafter referred to as “Crump”) is the
natural mother of Ta’Naejah McCloud, who, at all times relevant, resided in Cuyahoga County
and who was convicted in the death of Ta’Naejah McCloud, more specifically convicted of
multiple counts of Reckless Homicide, multiple counts of Endangering Children, and was
sentenced to serve time in the Ohio State Prison System.
20. Defendant, Ursula Owens, was the live-in girlfriend/partner of Tequila Crump
who, at all times relevant herein, resided in Cuyahoga County and who was convicted in the
death of Ta’Naejah McCloud, more specifically convicted of Murder, multiple counts of
Reckless Homicide, Felonious Assault and multiple counts of Endangering Children and was
sentenced to serve time in the Ohio State Prison System.
FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
21. Decedent Ta’Naejah McCloud was born September 2, 2011, to Tequila Crump,
biological mother and unknown father.
22. Ta’Naejah had suffered from a developmental disability.
23. At the time of her birth, Ta’Naejah lived in Lynchburg, VA, with her biological

mother, Tequila Crump, and plaintiff, Shabrina McCloud, who was issued legal custodial rights
of Ta’Naejah by the State of Virginia.
24. At or around 2016, Shabrina McCloud separated from Tequila Crump.
25. Shabrina named Ta’Naejah and Ta’Naejah carried her last name.
26. At or about June 2016, defendant, Tequila Crump moved in with defendant
Ursula Owens in Cleveland, OH.
27. On or about June 2016, and continuing to her death, Tequila Crump and Ursula
Owens began to inflict severe and repeated abuse against Ta’Naejah.
28. In October 2016, CCDCFS was aware and had knowledge of several reported
cases of abuse and neglect related to Ta’Naejah but failed or refused to investigate the
allegations.
29. Between 2016-2017, the above stated CCDCFS social workers were contacted
by neighbors and /or medical providers about abuse and injury to report suspected abuse and
neglect related to Ta’Naejah on numerous occasions. CCDCFS failed or refused to
appropriately investigate the abuse allegations as to Ta’Naejah.
30. On or about September 2016, it was reported to CCDCFS social worker that
Tequila Crump and Ursula Owens were burning Ta’Naejah well before her hospitalization for
third degree burns. CCDCFS through its social worker, deliberately refused to investigate the
claim as mandated by law.
31. On or about early October 2016, it was reported to CCDCFS that Ta’Naejah was
being beaten and punched in her face by defendants, Tequila Crump and her girlfriend Ursula
Owens. CCDCFS failed to properly investigate these allegations of abuse and neglect.
32. On or about October 17, 2016, Ta’Naejah was taken to University Hospitals

Rainbow Babies and Children’s Hospital (“RBC”) with Third Degree burns. It was reported to
CCDCFS that these burns may not have been self - inflicted as reported by Tequila Crump and
Ursula Owens, but in fact, were the result of abuse. CCDCFS failed to assess and investigate
these burns.
33. On or about October 18, 2016, Ta’Naejah was transferred to Metro Health
Medical Center Burn Intensive Care Unit. She was admitted with third degree burns on the
back of her hands and all of her fingers. CCDCFS failed to properly investigate these burns.
34. Ta’Naejah was required to undergo painful grafting surgery as a result of the
third degree burns. The surgery was performed by Dr. Yowler. Dr. Yowler reported to the
Metro Health social worker that he did not believe the burns were self- inflicted. This
information was reported to CCDCFS social worker Kristina Quint who failed to investigate
and failed to act to remove Ta’Naejah from the home of Tequila Crump and Ursula Owens.
35. It was reported to Kristina Quint that a Metro Health nurse suspected abuse and
CCDCFS failed to adequately investigate or interview Ta’Naejah alone without parents.
36. It was reported to Kristina Quint by nursing staff that Ta’Naejah said she was
scared of the hot water and went to the bathroom with her mom. Kristina Quint failed to
investigate or interview Ta’Naejah alone, or assess the risk posed to Ta’Naejah if she returned
to the home of Tequila Crump and Ursula Owens.
37. Metro Health social worker Kathy Mahoney called CCDCFS several times
throughout the admission of Ta’Naejah and reported to CCDCFS that the burn injuries were
suspicious injuries that call for further investigation. CCDFCS failed to investigate either the
burns or that TaNaejah was not enrolled in school. CCDCFS failed to remove Ta’Naejah from
the home.

38. On or about October 21, 2016, Kristina Quint was responsible for investigating
the burn injury reported by Metro Health and RBC. She only came to the hospital one time and
Kathryn Mahoney discussed her concerns and provided Quint with clinical documentation that
was needed, which supported her concern for the need for investigation. Kristina Quint failed
to investigate the abuse and neglect, failed to report this conduct and failed to act to remove
Ta’Naejah from the home of Tequila Crump and Ursula Owens.
39. Kristina Quint failed to investigate the issue with hot water, and interview the
nurses or doctors who treated Ta’Naejah. She failed to go to the house and interview the other
people who lived in the home. She failed to do any investigation.
40. Kristina Quint did not interview the landlord concerning the hot water. She
never interviewed Rayvon Owens. She never investigated the temperature of the hot water.
41. After failing to investigate the reported abuse and neglect of Ta’Naejah,
Kristina Quint and her CCDCFS supervisors made the decision to release Ta’Naejah to her
mother upon discharge from the hospital. The assessment/investigation, was not timely
managed and was inappropriately/recklessly investigated and closed by Cuyahoga County
CCDCFS in violation of O.A.C. Sec 5101:2-36-01/03. CCDCFS failed to remove Ta’Naejah
from the home.
42. After Ta’Naejah’s discharge from the hospital in October 2016 through
February 2017 multiple complaints of neglect and/or abuse were made to CCDCFS and none of
those reports were investigated.
43. In February, 2017, a county social worker reported to CCDCFS that Ta’Naejah
was being physically abused. A case was opened and Ada Jackson was responsible for
investigating the report. CCDCFS failed to properly investigate this report and failed to remove

Ta’Naejah from the home.
44. CCDCFS concluded that TaNaejah appeared to be malnourished but failed to
investigate further and/or remove Ta’Naejah from the home in February, 2017.
45. From February 7, 2017, through March 17, 2017, a number of complaints were
made to CCDCFS concerning allegations of physical abuse. CCDCFS was aware of these
reports and failed to investigate and remove Ta’Naejah from the home.
46. It was discovered by Ada Jackson that Ta’Naej ah was sleeping on the floor with
no pillow and no blanket and had no bed during February 2017 - March 17, 2017. They did
nothing to remove Ta’Naejah from this unsafe and unsanitary environment.
47. During February, 2017, through March, 2017, CCDCFS was aware that
Ta’Naejah was in a home infested with bed bugs and cockroaches. It was reported to CCDCFS
that Ta’Naejah was eating cockroach-filled sandwiches and CCDCFS failed to investigate these
reports and remove Ta’Naejah from the home.
48. On March 16, 2017, the day before the brutal physical abuse of Ta’Naejah that
resulted in her death, Defendants Crump and Owens made Ta’Naejah scrub the floor with a rag
soaked in bleach and Ta’Naejah was consumed by the aroma of the bleach, and blacked out.
This was punishment for accidently urinating on herself. CCDCFS had an open case on
Ta’Naejah during this time period and failed to investigate this abuse and failed to remove
Ta’Naejah from the home.
49. Sometime between February 7, 2017, through March 17, 2017, Ta’Naejah was
examined by a physician. Ada Jackson was present and it was discovered and reported to Ms.
Jackson that Ta’Naejah had multiple scars on her body and that she had only gained one pound
in the last four to five months, since October, 2016. The Physician indicated to Ms. Jackson

that Ta’Naejah was malnourished. CCDCFS failed to remove Ta’Naejah from the home of
Defendants Crump and Owens, and failed to investigate the scarring on her body.
50. At some point on or after February 7, 2017, and prior to the death of Ta’Naejah,
Defendant Crump reported to CCDCFS that she was suffering from mental health issues and
needed some help.
51. Marquetese Betts determined that the risk level for Ta’Naejah was high and kept
her case open as a result of the February 7, 2017 physical abuse report, but took no further
action.
52. Marquetese Betts congratulated Defendant Crump for requesting mental health
services but failed to remove Ta’Naejah from the home given the unsafe/unstable mental
condition expressed by Crump.
53. From September, 2016, through March, 2017, Defendant Owens would
repeatedly punch and violently push Ta’Naejah to the ground. Owens would use her hands,
fists, belts, and other objects to strike Ta’Naejah. These acts were witnessed by neighbors,
family members, and other individuals living in the home. These events were reported to
CCDCFS and CCDCFS failed or refused to investigate these reports and/or remove the
innocent child from the home.
54. Between February, 2017, and March, 2017, prior to her death, Ta’Naejah
suffered a fractured clavicle and multiple rib fractures. CCDCFS failed or refused to investigate
the repeated acts of abuse.
55. On March 17, 2017, at approximately 10:00 A.M., while in the care of CCDCFS
and being monitored by CCDCFS, Defendant Crump repeatedly struck Ta’Naejah and stood by
and watched Defendant Owens throw Ta’Naejah against the wall, the dresser and floor.

56. On March 17, 2017, while in the care and being monitored by CCDCFS, at
approximately 10:00 A.M. Ursula Owens began yelling at Ta’Naejah, hit her multiple times,
picked her up and threw her against the wall, threw her against the dresser, threw her to the
ground, stepped on her and repeatedly hit Ta’Naejah.
57. For approximately 10 hours on March 17, 2017, Ta’Naejah became
unresponsive at the home of Defendants Crump and Owens, yet they refused to call for medical
assistance.
58. At approximately 10:00 P.M. that evening on March 17, 2017, Ta’Naejah was
rushed to the emergency room, where she was examined, tested and determined to have
bleeding on her brain.
59. Ta’Naejah succumbed to her injuries and died on March 19, 2017.
60. An autopsy performed on March 20, 2017, concluded that the cause of death of
Ta’Naejah McCloud was, “multiple blunt force injuries” and the manner of death was quickly
determined to be homicide.
61. At all times relevant, Ta’Naejah was living with her custodial biological mother
Tequila Crump and her girlfriend Ursula Owens both named defendants herein. Tequila Crump
was arrested and charged, and convicted by a jury of reckless homicide and endangering
children, as a result of the events which led to the death of Ta’Naejah McCloud. Ursula Owens
was convicted by a jury of Murder, Reckless Homicide, Endangering Children and Felonious
Assault as a result of the events which led to the death of Ta’Naejah McCloud.
62. Cuyahoga County public agencies had known of the abuse and neglect
Ta’Naejah had suffered and continued to suffer until her death.
63. Cuyahoga County public agencies were aware that defendants, Crump and
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Owens, were abusing, neglecting, and inflicting great bodily harm on Ta’Naejah. In February
2017, they witnessed the abuse up close and personal when it was determined that Ta’Naejah
was malnourished and underweight, not in school and had a developmental delay.
64. CCDCFS failed to investigate all the above-referenced complaints and declined
to investigate and take immediate action to ensure the health and safety of Ta’Naejah by
removing her from the home.
65. Ada Jackson, Marquetese Betts, Kristina Quint and John/Jane Does I-VII were
the individuals responsible for investigating suspicions of child abuse and neglect and
protecting children who are at serious risk and whose failure to respond and investigate such
complaints was reckless and indifferent to the known and obvious risks facing Ta’Naejah.
66. Over the course of these many months, the condition and health of Ta’Naejah,
including her physical appearance and assessments, continued to decline such that a reasonable
person in a similar position would have suspected physical abuse and neglect.
FIRST CAUSE OF ACTION — WRONGFUL DEATH -

-RECKLESS-WILLFUL. AND WANTON-
CUYAHOGA COUNTY BOARD OF COMMISSIONERS, CUYAHOGA COUNTY
CHILDREN AND FAMILY SERVICES
67. Plaintiffs KEVIN LIPMAN and SHABRINA McCLOUD, restates and incorporates
by reference, Paragraphs 1 through 66 of this Complaint at Law as and for Paragraphs 1 through
66 of this First Cause of Action.
68. At all times relevant, and pursuant to O.A.C. 5101:2-36-01, 5101:2-36-03,
O.R.C. 2151.421, Cuyahoga County Board of Commissioners and CCDCFS through its
agents/employees were required to comply with regulations, in providing social services and
investigating child, neglect and abuse to children under the age of 18 years who had suffered or
faced the threat of suffering injury, disability or a condition of a nature that reasonably

indicated abuse or neglect and failed to do so.
69. On or about September, 2016, and continuing to her death, Cuyahoga County
Board of Commissioners and CCDCFS owed a duty to Ta’Naejah pursuant to Ohio Revised
Code and OAC regulations requiring CCDCFS to provide care and services to Ta’Naejah.
70. At all times from September 2016 up through March 17, 2017, Defendants had a
common law duty, as well as a statutory duty, and a duty pursuant to its voluntary undertaking,
to protect the health, safety and best interests of Ta’Naejah in all situations in which she was
vulnerable to child abuse or neglect, offer protective services in order to prevent any further
harm to Ta’Naejah and to provide recommendations and services which will stabilize the home
environment and preserve the life of the child.
71. Defendants Cuyahoga County Board of Commissioners, Cuyahoga Department
Children Family Services through its employees breached its duty of care that was owed to
Ta’Naejah by one or more of the following acts:
a) From October 2016 through February 2017 failed to monitor the

safety of Ta’Naejah by failing to provide the necessary services to
Tequila Crump, and Ta’Naejah including safety assessments,
medical treatment, in violation of ORC 2151.421, OAC 5101:2
36-03 and other statutory regulations;
b) From September 2016 through March 2017, failed to investigate

reports of abuse and neglect, failed to investigate within 24 hours
reports of abuse and neglect, failed to record reported abuse and
neglect complaints as statutorily mandated, failed to inform and
work with law enforcement agencies to assist in the investigation of
reported abuse and neglect complaints, failed to gather the requisite
information in accordance with OAC 5101:-2-36-03 and ORC
2151.421, failed to file a report of its investigation, failed to
properly investigate reported cases of abuse and neglect;
c) From February 2017 through March 17, 2017, failed to visit; and
monitor the home of Ta’Naejah, failed to provide necessary living
essentials to Ta’Naejah ie. Food, bed, failed to remove Ta’Naejah
from a cock roach and bed bug infested home, failed to remove
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Ta’Naejah from an unsafe and unsanitary living situation;
d) From February 2017 through March 17, 2017 failed to assess the
mental health of Tequila Crump after learning that Tequila had
mental health issues; and failed to act to remove Ta’Naejah from
the home;
e) From September 2016 through March 17, 2017 failed to assess the
mental health and failed to evaluate the risk and assess whether
defendant Owens was a safety concern for Ta’Naejah despite
previous allegations of abuse directed toward Rayvon Owens,
abuse known to CCDCFS that resulted in the removal of her own
biological children;
f) Repeatedly closed cases of reported abuse and neglect without a

proper and thorough assessment and investigation;
g) In October 2016, closed the file, and released Ta’Naejah to the

custody of her mother despite information by doctors, nurses,
hospital social workers that Ta’Naejah had suffered burn injuries
that were not self- inflicted, and failed to conduct a child safety
assessment as required by the statute; Failed to act to remove
Ta’Naejah from the home;
h) After October 2016, failed to implement an aftercare plan, as

required by statutory Regulations;
i) From September 2016-March 2017 disregarded warnings and pleas

from the family, friends, neighbors, doctors, nurses, social workers
of Ta’Naejah regarding the child’s safety and wellbeing despite
repeated reports of abuse and neglect;
j) In October 2016 and February 2017, failed to recommend

immediate transfer of Ta’Naejah to temporary protective custody
when they knew or should have known that she had been neglected,
or physically abused and beaten; and
k) Released Ta’Naej ah back to the custody of her mother despite that

they knew or should have known that Ta’Naejah was the victim of
child abuse, that the mother had a propensity of violence, that the
live in girlfriend had a propensity for violence and knew or should
have known that said child abuse was likely to continue and result
in serious bodily harm and/or death to Ta’Naejah;
72. As a direct and proximate result of one or more of the aforesaid acts or

omissions, Ta’Naejah McCloud, sustained injuries resulting in her death on March 19, 2017
and suffered a wrongful death.
73. SHABRINA MCCLOUD, in loco parentis mother and KEVIN LIPMAN
administrator of the Estate of Ta’Naejah McCloud, Deceased, brings this wrongful death
action, pursuant to O.R.C. §2125.02.
74. That on or about March 19, 2017, Ta’Naejah McCloud left surviving her:
SHABRINA MCCLOUD In Loco Parentis Mother
BONITA D. RAY Biological Maternal Grandmother
WILLIE J. CRUMP Biological Maternal Grandfather
All the above have suffered pecuniary loss, including grief and sorrow and loss of society
as a result of Ta’Naejah’s death.
WHEREFORE, Plaintiffs prays for judgment against each Defendant, jointly and
severally, in an amount significantly in excess of $25,000 in compensatory damages on each
cause of action in this complaint, as well as other appropriate relief, including attorney’s fees
and litigation expenses, the costs of this action, pre and post judgment interest, and any other
legal, equitable, injunctive or declaratory relief that may be just and appropriate.
SECOND CAUSE OF ACTION — WRONGFUL DEATH -

-RECKLESS-WILLFUL, AND WANTON-, KRISTINA QUINT, ADA JACKSON,
MARQUETESE BETTS, JOHN/JANE DOES I-VII
1-75. Plaintiffs, SHABRINA MCCLOUD and KEVIN LIPMAN as administrator of the
Estate of TA’NAEJAH MCCLOUD, restate and incorporate by reference, Paragraphs 1 through
74 of this Complaint as if fully re-written herein.

O.R.C. 2151.421, Kristina Quint, Ada Jackson, Marquetese Bett, John/Jane Does I-VII as
employees of CCDCFS was required to comply with regulations, in providing social services
and investigating child, neglect and abuse to children under the age of 18 years who had
suffered or faced the threat of suffering injury, disability or a condition of a nature that
reasonably indicated abuse or neglect and failed to do so.
77. On or about September 2016, and continuing to her death these Defendants
owed a duty to Ta’Naejah pursuant to Ohio Revised Code and regulations requiring social
workers to provide care and services to Ta’Naejah.
78. At all times from September, 2016, up through March 17, 2017, Defendants had
a common law duty, as well as a statutory duty, and a duty pursuant to its voluntary
undertaking, to protect the health, safety and best interests of Ta’Naejah in all situations in
which she was vulnerable to child abuse or neglect, offer protective services in order to prevent
any further harm to Ta’Naejah and to provide recommendations and services which will
stabilize the home environment and preserve the life of the child.
79. Defendants Kristina Quint, Ada Jackson, Marquetese Betts, John/Jane Does I-
VII breached its duty of care that was owed to Ta’Naejah by one or more of the following acts:

safety of Ta’Naejah by failing to recommend and provide the
necessary services to Tequila Crump, and Ta’Naejah including
safety assessments, medical treatment, in violation of OAC 5101:2
36-03, ORC 2151.421 and other applicable statutory regulations;

neglect complaints as statutorily mandated, failed to inform and
work with law enforcement agencies to assist in the investigation of
information in accordance with OAC 5101:2-36, ORC 2151.421
and other applicable statutory regulations, failed to file a report of
Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirhfetion Nbr. 1503714 / CLSLP

its investigation, failed to properly investigate reported cases of
abuse and neglect;
c) From February, 2017 through March 17, 2017, failed to monitor the
home of Ta’Naejah, failed to provide necessary living essentials to
Ta’Naejah ie. Food, bed, failed to remove Ta’Naejah from a cock
roach and bed bug infested home, failed to remove Ta’Naejah from
an unsafe and unsanitary living situation;
mental health issues and failed to act to remove Ta’Naejah from the
home;
Ursula was a safety concern for Ta’Naejah despite previous
allegations of abuse directed toward Rayvon Owens, abuse known
to the defendants that resulted in the removal of her own biological
children;
f) Repeatedly closed cases of reported abuse and neglect without




from family, friends, neighbors, doctors, nurses, social workers of
Ta’Naejah regarding the child’s safety and wellbeing despite


k) Released Ta’Naejah back to the custody of her mother despite that
81. SHABRINA MCCLOUD in loco parentis Mother, KEVIIN LIPMAN as
administrator of the Estate of Ta’Naejah McCloud brings this wrongful death action, pursuant
to O.R.C. §2125.02.
82. That on or about March 19, 2017, TaNaejah McCloud left surviving her:
cause of action in this complaint, punitive damages where permissible and appropriate in an
amount significantly in excess of $25,000, as well as other appropriate relief, including
attorney’s fees and litigation expenses, the costs of this action, pre and post judgment interest,
and any other legal, equitable, injunctive or declaratory relief that may be just and appropriate.

THTRD CAUSE OF ACTION — WRONGFUL DEATH -
-NEGLIGEN CE-
CHILDREN AND FAMTLY SERVICES, KRISTINA QUINT, ADA JACKSON,
MARQUETESE BETTS, JOHN/JANE DOES I-VII
83. Plaintiff SHABRINA MCCLOUD and KEVIN LIPMAN as administrator of the
Estate of Ta’Naejah McCloud restates and incorporates by reference, Paragraphs 1 through 82
of this Complaint as if fully re-written herein.
O.R.C. 2151.421, DCFS through its agents/employees was required to comply with regulations,
in providing social services and investigating child, neglect and abuse to children under the age
of 18 years who had suffered or faced the threat of suffering injury, disability or a condition of
a nature that reasonably indicated abuse or neglect and failed to do so.
85. After February 7, 2017, DCFS owed a duty to Ta’Naejah pursuant to Ohio
Revised Code and regulations requiring CCDCFS to provide care and services to Ta’Naejah
after keeping her case open in February 2017 and continuing to maintain contact and refer
Ta’Naejah and her family to private providers to provide medical services and care to
Ta’Naejah as they continued placement in the home.
86. At all times from September 2016 up through March 17, 2017, Defendants had a
common law duty, as well as a statutory duty, and a duty pursuant to its voluntary undertaking,
to protect the health, safety and best interests of Ta’Naejah in all situations in which she was
vulnerable to child abuse or neglect, offer protective services in order to prevent any further
harm to Ta’Naejah and to provide recommendations and services which will stabilize the home
environment and preserve the life of the child.

87. Defendants Cuyahoga County Board of Commissioners, Cuyahoga County
Department of Children and Family Services, through its employees, breached its duty of care
that was owed to Ta’Naejah by one or more of the following acts:

safety of Ta’Naejah by failing to provide the necessary services to
Tequila Crump, and Ta’Naejah including safety assessments,
medical treatment, in violation OAC 5101:2-36-03,ORC 2151.421
and other applicable statutory regulations;

neglect complaints as statutory mandated, failed to inform and work
with law enforcement agencies to assist in the investigation of
information in accordance with 2151.421, failed to file a report of
its investigation, failed to properly investigate reported cases of
abuse and neglect;
c) From February 2017 through March 17, 2017, failed to monitor the
home of Ta’Naejah, failed to provide necessary living essentials to
Ta’Naejah ie. Food, bed, failed to remove Ta’Naejah from a cock
roach and bed bug infested home, failed to remove Ta’Naejah from
an unsafe and unsanitary living situation;
mental health issues; Failed to act to remove Ta’Naejah from the
home as a result of mental health issues;
Ursula was a safety concern for Ta’Naejah despite previous
allegations of abuse directed toward Rayvon Owens, abuse known
to CCDCFS that resulted in the removal of her own biological
children;
f) Repeatedly closed cases of reported abuse and neglect without a





from the family, friends, neighbors, doctors, nurses, social workers
of Ta’Naejah regarding the child’s safety and wellbeing despite

k) Released Ta’Naejah back to the custody of her mother despite that

89. SHABRINA MCCLOUD in loco parentis mother, KEVIN LIPMAN as
administrator of the Estate of Ta’Naejah McCloud brings this wrongful death action, pursuant to
O.R.C. §2125.02.
90. That on or about March 19, 2017, TaNaejah McCloud left surviving her:

as a result of TaNaejah’s death.
cause of action in this complaint, as well as other appropriate relief, including attorney’s fees
and litigation expenses, the costs of this action, pre and post judgment interest, and any other
legal, equitable, injunctive or declaratory relief that may be just and appropriate.
FOURTH CAUSE OF ACTION —AGENCY LIABILITY

KRISTINA QUINT, ADA JACKSON, MARQUETESE BETTS, JOHN/JANE DOES I-VII
91. Plaintiffs, SHABRINA MCCLOUD and KEVIN LIPMAN as administrator of the
Estate of Ta’Naejah McCloud restate and incorporate by reference, Paragraphs 1 through 90 of
this Complaint as if fully re-written herein.
92. This cause of action is brought against ADA JACKSON, KRISTINA QUINT,
MARQUETESE BETTS, JOHN/JANE DOES I-VII and other employees of Cuyahoga County
Board of Commissioners, Cuyahoga County Department of Children and Family Services,
under the theory of respondeat superior for their reckless conduct undertaken within the scope
of their employment or official responsibilities with the Cuyahoga County CCDCFS, such that
one or both political subdivisions shall indemnify them in the amount of any judgment rendered
on this claim.
93. Ada Jackson, Kristina Quint, Marquetese Betts, John/Jane Does I-VII and other
employees, were reckless in that their conduct was characterized by a conscious disregard or
indifference to the known and obvious risk that Ta’Naejah was being neglected, was not
receiving appropriate and necessary medical services and/or malnourished, neglected, and/ or
physically abused. The conduct of Kristina Quint, Ada Jackson, Marquetese Betts and other

employees, was more than merely negligent. Each willfully ignored the clear and present
danger presented by the reports of physical abuse, neglect, and visible signs of malnourishment,
the conditions of the Crump-Owens home, as well as documented reports of suspected neglect,
and physical abuse.
94. Ada Jackson, Kristina Quint, Marquetese Betts, John/Jane Does I-VII and other
employees, exhibited a conscious disregard for the rights and safety of Ta’Naejah despite a
great probability that substantial harm would result from such failures.
95. As a direct and proximate result of the reckless conduct of Ada Jackson,
Kristina Quint, Marquetese Betts, John/Jane Doe I-VII and other employees, Ta ’Naejah
suffered harms, losses and a wrongful death for which these political subdivisions are
vicariously liable.
WHEREFORE, Plaintiffs SHABRINA MCCLOUD and KEVIN LIPMAN as
administrator of the Estate of Ta’Naejah McCloud, prays for judgment against each Defendant,
jointly and severally, in an amount significantly in excess of $25,000 in compensatory damages
on each cause of action in this complaint, as well as other appropriate relief, including
attorney’s fees and litigation expenses, the costs of this action, pre and post judgment interest,
and any other legal, equitable, injunctive or declaratory relief that may be just and appropriate.
FIFTH CAUSE OF ACTION — WRONGFUL DEATH -

-RECKLESS-WILLFUL. AND WANTON-
TEQUILA CRUMP, URSULA OWENS
96. Plaintiffs, SHABRINA MCCLOUD and BONITA RAY, restate and incorporate by
reference, Paragraphs 1 through 95 of this Complaint as if fully re-written herein.
97. This cause of action is brought against defendants, Tequila Crump and Ursula
Owens, who were each duty-bound to care for Ta’Naejah.

98. Each of these caretakers were reckless, willful and wanton, abandoning entirely
their duties to care for and protect Ta’Naejah and instead neglected, physically abused and
caused her death.
99. As a direct and proximate result of the caretaker’s reckless, willful and wanton
acts, Ta’Naejah suffered harms, losses and a wrongful death.
100. Each of the caretakers exhibited a conscious disregard for the rights and safety
of Ta’Naejah despite a great probability that substantial harm and death would result from such
failure. Such reckless conduct gives rise to the imposition of punitive damages.
102. Plaintiffs SHABRINA MCCLOUD in loco parentis mother, KEVIN LIPMAN
as administrator of the Estate of Ta’Naejah McCloud brings this wrongful death action,
pursuant to O.R.C. §2125.02.
103. That on or about March 19, 2017, Ta’Naejah McCloud left surviving her:
cause of action in this complaint, an amount significantly in excess of $25,000 as and for punitive

damages, as well as such other appropriate relief, including attorney’s fees and litigation
expenses, the costs of this action, pre and post judgment interest, and any other legal, equitable,
injunctive or declaratory relief that may be just and appropriate.
SIXTH CAUSE OF ACTION— SURVIVAL ACTION OF ALL COUNTS -

CHILDREN AND FAMILY SERVICES, KRISTINA QUINT, ADA JACKSON,
MARGUETESE BETTS, JOHN/JANE DOES I-VII, TEQUILA CRUMP, URSULA
OWENS
98. Plaintiff KEVIN LIPPMAN as administrator of the Estate of Ta’Naejah McCloud
restates and incorporates by reference, Paragraphs 1 through 97 of this Complaint as fully re
written herein.
99. Prior to her death, Decedent Ta’Naejah McCloud endured great pain and
suffering as a direct and proximate result of Defendants' willful, wanton, negligent acts and
pursuant to the Ohio Survival Act, O.R.C 2305.21, this cause of action, by reason of such pain
and suffering has survived her death.
WHEREFORE, Plaintiff KEVIN LIPPMAN as Administrator of the Estate of Ta’Naejah
McCloud, deceased, prays for judgment against each Defendants, jointly and severally, in an
amount in excess of $25,000 in compensatory damages on each cause of action in this
complaint, as well as other appropriate relief, including attorney’s fees and litigation expenses,
the costs of this action, pre and post judgment interest, and any other legal, equitable, injunctive
or declaratory relief that may be just and appropriate.
Respectfully submitted,

/s/ Thomas J. Silk
Thomas J. Silk (0021462)

Obral, Silk & Associates, LLC
Local Co-Counsel for Plaintiffs
55 Public Square - Suite 1700
Tele: 216-LAWYERS
(529-9377)
Fax: 216-696-3228
Email: Tsilk@216Lawyers.com
-and-
Pending Pro Hac Vice Motions
/s/ Jay Paul Deratany
Jay Paul Deratany (6197097)

Roosevelt Allen (6298925)
Megan O’Connor (6309814)
The Deratany Law Firm
221 N. LaSalle Street
Suite 2200
Chicago, Illinois 60601
312-857-7285
312-857-2004 (Fax)

JURY DEMAND
Plaintiffs respectfully request a Trial By Jury on all issues so triable.
Respectfully submitted,
/s/ Thomas J. Silk
Thomas J. Silk (0021462)

Obral, Silk & Associates, LLC
Local Co-Counsel for Plaintiffs
55 Public Square - Suite 1700
Tele: 216-LAWYERS
(529-9377)
Fax: 216-696-3228
Email: Tsilk@216Lawyers.com
-and-
/s/ Jay Paul Deratany
Jay Paul Deratany (6197097)

Roosevelt Allen (6298925)
Megan O’Connor (6309814)
The Deratany Law Firm
221 N. LaSalle Street
Suite 2200
Chicago, Illinois 60601
312-857-7285
312-857-2004 (Fax)

McCloud Lawsuit

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McCloud Lawsuit

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NAILAH K.

Court of Common Pleas

New Case Electronically Filed:

By: THOMAS J. SILK 0021462

Confirmation Nbr. 1503714

SHABRINA MCCLOUD, ET AL. CV 18 904319

Electronically Filed 09/25/2018 12:06/ / CV 18 904319 / Confirmation Nbr. 1503714 / CLSLP

SHABRINA McCLOUD ) CASE NO

Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirmation Nbr. 1503714/CLSLP

Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirmation Nbr. 1503714 / CLSLP

Now come the Plaintiffs, SHABRINA MCCLOUD and KEVIN LIPMAN, as

the defendants allege and state as follows:

1. This action is brought on behalf of Kevin Lipman administrator of the Estate of

care in order to ensure her safety and health.

2. From September, 2016, through March 17, 2017, Ta’Naejah suffered

providing necessary services to Ta’Naejah.

Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirmation Nbr. 1503714 / CLSLP

ultimately leading directly to her untimely death.

6. Further, defendants ignored mandated statutory requirements inclusive of

7. As a result of the wrongful conduct described in this Complaint, Ta’Naejah

9. At all times relevant, decedent, Ta’Naejah McCloud (hereinafter referred to as

Owens, both defendants herein.

Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirmation Nbr. 1503714 / CLSLP

parentis mother, resided in Lynchburg VA.

Probate Division, Case Number 2018EST237105.

counseling services, investigations, evaluations and services for at risk families.

13. Defendant CUYAHOGA COUNTY DEPARTMENT OF CHILDREN AND

as ensuring freedom from abuse and neglect.

Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirmation Nbr. 1503714 / CLSLP

October, 2016 related to Ta’Naejah McCloud.

March 17, 2017, related to Ta’Naejah McCloud.

Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirmation Nbr. 1503714 / CLSLP

19. Defendant, Tequila Crump (sometimes hereinafter referred to as “Crump”) is the

sentenced to serve time in the Ohio State Prison System.

death of Ta’Naejah McCloud, more specifically convicted of Murder, multiple counts of

sentenced to serve time in the Ohio State Prison System.

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

biological mother and unknown father.

22. Ta’Naejah had suffered from a developmental disability.

Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirmation Nbr. 1503714 / CLSLP

of Ta’Naejah by the State of Virginia.

24. At or around 2016, Shabrina McCloud separated from Tequila Crump.

Ursula Owens in Cleveland, OH.

Owens began to inflict severe and repeated abuse against Ta’Naejah.

neglect related to Ta’Naejah on numerous occasions. CCDCFS failed or refused to

appropriately investigate the abuse allegations as to Ta’Naejah.

claim as mandated by law.

Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirmation Nbr. 1503714 / CLSLP

CCDCFS failed to adequately investigate or interview Ta’Naejah alone without parents.

to the home of Tequila Crump and Ursula Owens.

Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirmation Nbr. 1503714 / CLSLP

Ta’Naejah from the home of Tequila Crump and Ursula Owens.

people who lived in the home. She failed to do any investigation.

managed and was inappropriately/recklessly investigated and closed by Cuyahoga County

CCDCFS in violation of O.A.C. Sec 5101:2-36-01/03. CCDCFS failed to remove Ta’Naejah

from the home.

those reports were investigated.

Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirmation Nbr. 1503714 / CLSLP

44. CCDCFS concluded that TaNaejah appeared to be malnourished but failed to

nothing to remove Ta’Naejah from this unsafe and unsanitary environment.

reports and remove Ta’Naejah from the home.

Ta’Naejah from the home.

Electronically Filed 09/25/2018 12:06 / / CV 18 904319 / Confirmation Nbr. 1503714 / CLSLP

needed some help.