Nicole McClure suffered a medical emergency when she ran her vehicle into a roundabout in Olympia on March 21, 2022. A State Patrol trooper misjudged her condition as intoxication and booked her into the Thurston County jail, a new lawsuit claims.
Jail staff allegedly mocked and neglected McClure, then 38, until she was found unresponsive the next day, according to the lawsuit. She was then transported to Providence St. Peter Hospital where she was treated for a right-sided temporal lobe brain hemorrhage, attorney Anne Vankirk said in a statement.
"Nicole is a hard-working young woman who will never be the same again," Vankirk said. "Nicole suffers from severe traumatic brain injury and remains unable to care for herself or engage with life in meaningful ways."
Nearly two years later, McClure is suing the State Patrol and Thurston County for damages. The lawsuit, which was filed in federal court in Tacoma Feb. 1, alleges the trooper and jail guards were deliberately indifferent to McClure's constitutional and civil rights.
"This is an action brought pursuant to Federal and State law, for damages arising from the foreseeable and preventable injuries Nicole sustained as a result of the delay in getting her treatment," the lawsuit says.
The delay in treatment caused her to suffer "sunken brain syndrome, a cranioplasty and a lifetime of decreased capacity," according to the lawsuit.
"Had Nicole received immediate medical attention, her condition would have been significantly easier to treat and the outcome far less severe," Vankirk said.
Tara Tsehlana, a spokesperson for the Thurston County Prosecuting Attorney's Office, said the county received the complaint on Monday. She said the PAO, which defends the jail, was still investigating the allegations.
"Because this is pending litigation, we cannot further discuss the allegations or the facts of the complaint at this time," Tsehlana said. "We can, however, assure the public that the safety of inmates, staff, and the general public remains a top priority for the Thurston County Corrections Facility."
When reached for comment, Chris Loftis, director of communications for the State Patrol, declined to answer questions and said the agency would not comment on this case as a "matter of practice and policy."
However, Loftis previously said the agency is aware of the lawsuit and the trooper who arrested McClure was not disciplined, The Seattle Times reported.
How did this happen?
McClure left work early on March 21, 2022, because she felt dizzy and disoriented, the lawsuit says.
Trooper Jonathan Barnes observed her vehicle at about 2:48 a.m. traveling west on Yelm Highway east of College Street at a "noticeably slow rate of speed," according to a probable cause statement written by Barnes. McClure allegedly drove at about 25 miles per hour in a 40 mph zone, the statement says.
Barnes reportedly activated his emergency lights and began pursuing McClure, but then turned off the lights when it became apparent she was not pulling over.
McClure continued driving slowly and eventually collided with a roundabout on 22nd Avenue and Boulevard Road Southeast. Her car slowly came to a stop near Karen Frazier Road, the statement says.
Dash camera video from the scene shows Barnes approaching McClure's vehicle with his gun drawn. He appears to loudly order her out of the car at gunpoint before arresting her on the spot.
Barnes pushes her onto the hood of his vehicle after struggling to handcuff her, the video shows. He then reports on his radio that he has one woman in custody with "no use of force."
Loftis told The Seattle Times that pointing a gun at someone was not a reportable use of force for State Patrol until later in 2022.
The video shows Barnes accusing McClure of eluding him as well as resisting arrest because she did not let go of the keys in her hand. The probable cause statement alleges she "had a death grip" on the keys and Barnes suspected she wanted to stab him with them.
The video shows Barnes repeatedly asking McClure if she had used any drugs. She repeatedly denies eluding and being intoxicated, and she says she feels confused and tired.
"Without giving her a field sobriety test and without offering a breath test, Trooper Barnes declared that Nicole was under the influence and (she) was arrested for felony eluding and DUI (driving under the influence)," Vankirk said. "He told Nicole that if she had pulled over immediately and been 'cool,' he would have let her go home."
Barnes noted in the probable cause statement that McClure had bloodshot eyes, a flushed face and her speech was repetitive. A DUI arrest report filled out by Barnes indicates he did not ask her any questions about the state of her health.
The probable cause statement and lawsuit say there was no evidence of alcohol or drugs and no smell of alcohol on McClure. Nevertheless, Barnes took her to MultiCare Capital Medical Center to have her blood drawn.
"Nicole had no substances in her blood according to the blood draw from the WSP at Capital Medical Center and the subsequent hospital screening," Vankirk said.
The lawsuit alleges Barnes did not ask medical staff to evaluate McClure or inform them of her car accident. He later transported her to the Thurston County jail where she was booked on suspicion of driving under the influence and eluding.
"Nicole received no medical attention for more than 24 hours," Vankirk said. "She was left with a notably deteriorating condition and continuing to ask for help."
Jail staff allegedly "ridiculed her for being drunk" and offered her "another shot," the lawsuit says. The morning of March 22, 2022, staff her found unresponsive, in a pool of her own urine.
"She was carried to another cell and forcibly changed by another employee while her original cell was hosed down," Vankirk said. "A few hours later, a member of the Jail's medical team was called, and they advised that she be taken to the hospital immediately."
Vankirk said a medical team at Providence St. Peter Hospital removed a part of McClure's skull to alleviate pressure and "save her remaining brain function." She was hospitalized for 17 days after this surgery.
Thurston County Superior Court Commissioner Nate Kortokrax found probable cause for McClure's alleged crimes on March 21, 2022, according to court records. The next day, he ordered she be released without conditions and the case did not go forward.
