Attorneys respond to motion to dismiss Carl DeBrodie wrongful death lawsuit

Case of Carl DeBrodie Family Attorney Responds to Motion to Dismiss

CALLAWAY COUNTY Mo. - Lawyers representing Carolyn Summers and others in the Carl DeBrodie wrongful death lawsuit have responded to a pair of motions to dismiss the lawsuit and several charges.

Attorneys for the plaintiffs issued suggestions to State Attorney General Josh Hawley's June 12 request to dismiss the case.

According to federal court documents ABC 17 News obtained Wednesday, the plaintiffs argue Carol Sampson is the court-appointed next friend of Carolyn Summers. 

The Circuit Court of Callaway County appointed Samson to act as the Next Friend of Summers back on Feb. 2. It allows Sampson to seek wrongful-death claims in Counts I and II listed in the lawsuit. 

Court documents also list independent constitutional claims that didn't result in DeBrodie's death, but did allegedly contribute to it. These include violations of his Fourteenth Amendment of the U.S. Constitution, which gives citizens the right to sufficient food, shelter, clothing, and medical care. 

Attorneys said DeBrodie wasn't allowed to live where he wanted or manage his own affairs and was reliant on the state to take care of him. 

The plaintiffs claim that prior to DeBrodie's in late October 2016, he didn't receive his medication, didn't make doctor visits, was taken away from the Second Chance home, was not getting food, and was physically and verbally abused by Second Chance employees. 

Lawyers argue the 18 state defendants can have claims listed against them in Count IV over their official capacities dismissed.

However, attorneys said the claims listed in Count IV should remain against them in their individual capacities. 

Attorneys also said the state defendants do not qualify for immunity due to the alleged constitutional right violations against DeBrodie. 

State Attorney General Hawley filed the motion to dismiss the lawsuit against state workers since DeBrodie wasn't in the state's custody. 

You can read more about the state AG's request to dismiss this case by clicking on this link.

DeBrodie was found in a container encased in concrete inside of a Fulton storage unit on April 27, 2017. 

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