ST LOUIS — Lawsuits sometimes become living, breathing things. They transform into something quite a bit different than when they were filed.
So it is with Hughie Robinson vs. Barnes-Jewish Hospital.
When the lawsuit was filed three years ago by attorney Richard Voytas, it was an attempt to get justice for a kidney patient who got roughed up after a visit to the hospital. The security guards mistook him for a possible car thief.
By the time I first wrote about the lawsuit, about a year later, Robinson had died. The battle was over the right to make public the video of his violent arrest and detention by the hospital security guards. A judge in the case had initially allowed the video to be filed under seal.
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Chelsea Robinson, Hughie’s oldest daughter, won that battle. She showed me the shocking video at a coffee shop. “It broke my heart,†she told me two years ago. “He was just standing there, not doing anything.â€
Hughie Robinson was at Barnes-Jewish because he forgot his wallet there after a couple of days of treatment. He was drugged and confused when he returned to gather his wallet. He forgot exactly where he parked in one of the garages near the hospital. Security guards who mistakenly thought he was casing the joint, looking to steal a vehicle, tackled him and then detained him. They never checked the ticket in his pocket, which showed he was simply meandering around the wrong garage.
This week, it became clear the hospital system will have a difficult time avoiding the justice Robinson’s family is seeking. In an explosive new motion filed by Voytas and The Simon Law Firm, which has joined the effort, the plaintiffs outline the questionable backgrounds of the security guards who detained Robinson.
One of the guards, Kyle McBride, was “was known by his colleagues to make racial comments,†according to the new legal filing, citing interviews with BJC employees. McBride was previously fired for “misconduct†from the ºüÀêÊÓƵ County Police Department, he admitted in a deposition in the case, the lawsuit says.
“Records indicate McBride was accused of inappropriate conduct and failed to complete his probationary period,†the lawsuit alleges. “These records include allegations against Mr. McBride for inappropriate touching and sexual assault.â€
Another of the guards, Joshua Lowman, “lied on his resume and application, did not have the required security experience, pled guilty to felony witness tampering, and had a history of violent tendencies, including death threats, domestic violence, and a drive-by shooting,†the new legal filing alleges, citing Florida court records. Lowman also “was known to make violent and racist remarks while on the job,†according to deposition testimony offered by co-workers, the lawsuit says.
Both Lowman and McBride are white. Robinson was Black.
Just four months before the incident with Robinson, the lawsuit alleges, “Lowman was cited for a physical altercation with a discharged African American patient.†During that incident, Lowman allegedly “tackled†the patient and called him “derogatory names,†the lawsuit alleges, based on BJC records.
Walter Gary, who is Black, was the guard in charge of “de-escalation†training, the legal filing alleges. He told Robinson he was “no longer welcome†on BJC property, even though Robinson still had to return regularly for treatment. Robinson was awaiting a kidney transplant that never came.
In court documents, Barnes-Jewish and the three guards deny wrongdoing. The lawyer for the guards and the hospital referred a reporter to BJC HealthCare for comment. A spokesperson said the system does not comment on pending litigation.
“The three of them — with absolutely zero basis other than that Hughie was a black man in a black jumpsuit — brutally forced Hughie to the ground, pinned him down, and handcuffed him,†the lawsuit alleges.
The case is scheduled for a hearing before ºüÀêÊÓƵ Circuit Court Judge Elizabeth Hogan in August. Robinson’s family is asking Hogan to allow a jury to consider punitive damages because of BJC’s behavior in allegedly employing security guards with questionable backgrounds.
It’s no wonder the largest hospital in Missouri didn’t want the video of Robinson’s arrest to be made public. There’s now a disturbing new perspective to the story.
“The conduct set forth in the Petition was just the tip of the iceberg,†the latest legal filing alleges. “This type of conduct and cover-up goes beyond this incident involving Hughie Robinson. This is a pattern and standard practice at Barnes that has occurred numerous times before Hughie was assaulted — and nothing has changed.â€