photo by: Mike Yoder

The Douglas County Judicial and Law Enforcement Center, 111 E. 11th St.

One of two mentally challenged men accusing his former caregiver of beating, confining and forcing him to fight others is suing in civil court, saying not only was he injured, but the medical company responsible for his care played a negligent role in his abuse.

Brooke Tiara Shinn, 20, of Topeka, was arrested April 26 and faces two felony counts of mistreatment of a dependent adult, one felony count of aggravated battery and one misdemeanor count of criminal restraint.

Throughout 2015 Shinn was one of two caregivers, employed by ResCare, responsible for looking after the two men living in a home in the 2700 block of Crestline Drive, according to an arrest affidavit filed in Douglas County District Court. She is accused of beating the two men, mishandling their money, locking them in rooms or a closet and forcing them to fight each other.

photo by: Mike Yoder

Brooke Tiara Shinn.

Before Shinn’s arrest, one of the two men, Joseph Schaefer and his guardian filed a civil suit against Shinn, ResCare and one of the company’s supervisors.

Schaefer’s civil suit was filed in Douglas County District Court in January 2016, seeking at least $750,000 in damages. The lawsuit is requesting a jury trial.

The lawsuit lists Shinn, ResCare Kansas Inc., ResCare Inc. and Kattie Johnson as defendants.

ResCare is a national company and the largest private, in-home service provider for the disabled, Kristen Trenamen, the company’s director of communications, said in May. The company has more than 900 employees in Kansas and 50,000 across the country.

Trenamen said neither Shinn nor Johnson currently works for ResCare.

The lawsuit argues that not only did Shinn abuse Schaefer, but she, her supervisor and the company neglected his safety in favor of maximizing company profits.

In addition, not only did Shinn fail to act as a caregiver, but her supervisor and her employer failed to provide adequate training and to ensure she was fulfilling her responsibilities, the lawsuit says.

ResCare was “aware of this pattern of negligence, gross negligence, wantonness, and reckless disregard and indifference to consequences and have failed to correct it, knowing that residents like Schaefer could be harmed or are harmed,” the lawsuit says.

The failure to properly care for Schaefer stems from ResCare’s decisions as a company to cut costs through hiring unqualified employees, understaffing the facilities, improperly training employees, paying low wages and leaving residents unsupervised, the lawsuit continues.

Attorneys for the defendants did not return multiple calls seeking comment for this story. However, answers filed by the defendants as a response to the lawsuit deny allegations of wrongdoing.

In total, the lawsuit claims numerous points where the defendants are at fault, including:

• Breach of contract

• Negligence

• Civil conspiracy

• Battery

• Assault

• Outrageous conduct causing severe emotional distress

• Kansas Consumer Protection Act

• False imprisonment

Throughout Jan. 1 and Feb. 28, 2015, Shinn allegedly abused Schaefer and the second man, according to a criminal complaint filed in Douglas County District Court.

On June 3, 2015, police were called by the Kansas Department for Children and Families in Lawrence, who reported the abuse, the affidavit says. A sister of one of the men and another caregiver provided information.

An arrest affidavit is a document filed by police explaining why a suspect was arrested. Allegations in an arrest affidavit must still be proved in court. Shinn is still awaiting a preliminary hearing where she can respond to the accusations.

The lawsuit argues Shinn forced Schaefer and other disabled residents to fight each other, “running what amounted to a ‘fight club.'”

Shinn would also use the men’s money — allotted for activities — for food and supplies instead, the affidavit says. Under her care the two men were sharing basic toiletries such as a razor.

The second man — who was initially afraid to speak with police — said during one incident that Shinn forced Schaefer to put his nose on a hot stove coil and another where he was beaten with a fly swatter, the affidavit says. Other times she would beat the two men with her fists, he claimed.

Sometimes, for days on end, Shinn would lock both men in their rooms without food or medication, the affidavit says; other times she would lock Schaefer into a small, dark closet with no handle on the inside of the door.

When approached by police Shinn initially denied abusing the two men, but later admitted she “lost control” during one incident and continued to hit one of the men while he was on the floor, the affidavit says. She then filed a false incident report claiming the man was injured in a fall. However, one Department for Children and Families employee said ResCare had no incident reports filed regarding the Crestline Drive home in 2015.

Shinn was released from the Douglas County jail after posting a $5,000 bond. She is scheduled to appear in court on Aug. 1 at 1:30 p.m.

Shinn has no prior criminal convictions in Douglas County District Court. However, if she is convicted in the criminal case she could face more than 25 years in prison for the felony charges and up to a year in jail for the misdemeanor charge.

In June, Shinn filed a motion to stay the civil case until her criminal case is resolved. Schaefer’s attorney, J. Phillip Gragson, said Douglas County District Court Judge Paula Martin ordered the case stayed until further notice.