United States District Court, District of Columbia
ROSEMARY M. COLLYER, District Judge.
Katina Colbert is an intellectually disabled woman who is unable to care for herself. While living in a group home managed by Total Care Services, Inc., a contractor for the District of Columbia, Katina Colbert became pregnant and gave birth to a baby girl with severe medical problems. The infant, TC, spent most of her short life in the hospital and died when she was just over a year old. Katina Colbert's mother, Jacqueline Colbert, sues the District and its contractor, alleging constitutional violations and various torts arising from Katina Colbert's pregnancy and TC's death. Kelvin Martinez, a man who lived in the same group home as Katina Colbert, asserts that he had unprotected sexual contact with Katina Colbert and that he is the father of TC. Mr. Martinez, through his guardian and mother, Maxima Krahling, moves to intervene in this suit. Plaintiffs and Defendants oppose intervention. As explained below, the motion to intervene will be denied.
Jacqueline Colbert, mother of Katina Colbert and grandmother of TC, sues individually, as next friend of Katina Colbert and personal representative of the Estate of TC. The Amended Complaint names the District of Columbia and its contractor, Total Care Services, Inc. (Total Care) as Defendants. Ms. Colbert alleges that in 2005 Katina Colbert was diagnosed with moderate to profound retardation, with the communication skills of a five-year-old and overall age equivalency of a ten-year-old. Am. Compl. [Dkt. 29] ¶ 9. In the fall of 2008, Katina Colbert was hospitalized and underwent a psychological assessment, whereby she was diagnosed "in the severe range of retardation" and was "found to be [at] risk of exploitation by others as evidenced by her past record of rape and sexual abuse." Id. ¶ 10. After her hospitalization, she began residing in a group home that was operated by Total Care, under contract with the District. Id. ¶ 12. Total Care and the District allegedly knew of Katina Colbert's limited abilities, vulnerabilities, diagnoses, and need for twenty-four hour supervision, and they allegedly knew of her fertility and her past and current sexual activity. Id. ¶¶ 13-14. The Amended Complaint further alleges that Defendants "facilitated and encouraged" Katina Colbert to have "unprotected, nonconsensual sexual intercourse with various men for extended periods of time in 2010." Id. ¶ 17. Total Care and the District allegedly knew of "specific findings that [Katina Colbert] was unable to care for herself or make life decisions for herself" and "failed to take necessary steps to protect Katina Colbert from foreseeable harm." Id. ¶ 18. Katina Colbert became pregnant and prematurely delivered TC, a baby girl, on April 3, 2011. Id. ¶ 20. Katina Colbert allegedly was provided "little to no prenatal care during most of her pregnancy" and "was not taken to the hospital promptly when it was clear she was in labor." Id. ¶ 19.
Because Katina Colbert was unable to care for her child, Jacqueline Colbert was awarded joint legal custody of TC, shared with Katina Colbert, and she was awarded sole physical custody of TC. Id. ¶¶ 3, 5, 21. TC was born with significant health problems requiring multiple surgeries and necessitating extended hospitalization; she died from medical complications on April 18, 2012, shortly after her first birthday. Id. ¶ 22.
The Amended Complaint contains fifteen Counts, asserted against both Defendants, unless otherwise noted:
Count II-Wrongful Birth;
Count III-Breach of Fiduciary Duty;
Count IV-Negligent Infliction of Emotional Distress;
Count V- Intentional Infliction of Emotional Distress;
Count VI-Wrongful Death;
Count VII-Survival Act, D.C. Code §§ 12-101, et seq.;
Count VIII-Violation of D.C. Code § 44-504(a)(3) & (4) (against ...