Aniya Day-Garrett Wrongful Death Lawsuit

IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
MICKHAL GARRETT, INDIVIDUALLY

AND AS ADMINISTRATOR OF THE CASE NO.
ESTATE OF ANIYA DAY GARRETT
c/o Landskroner Grieco Merriman, LLC
1360 West 9th Street, Suite 200 JUDGE
Cleveland, Ohio 44113
Plaintiff
v.
CUYAHOGA COUNTY
2079 East Ninth Street COMBINED COMPLAINT and
Cleveland, Ohio 44115 PETITION FOR DISCOVERY
and Jury Demand Endorsed Hereon
CUYAHOGA COUNTY EXECUTIVE

c/o Armond Buddish, County Executive
2079 East Ninth Street
Discovery Defendants
and
CHELSY LILLY
Individually and as agent of
Cuyahoga County, Division of Children
Family Services
c/o Cuyahoga County, Division of Children
and Family Services
3955 Euclid Avenue
and
ELIZABETH GRIZER
Cuyahoga County, Division of Children and
Family Services
and Family Services
3955 Euclid Avenue
and
TAWANA JAMES
Family Services
and Family Services
3955 Euclid Avenue
and
LORRA GREENE
Family Services
12804 Benham Avenue
and
LAURA COLE
Family Services
and Family Services
3955 Euclid Avenue
and
LORIANNE DELSIGNORE
Family Services
and Family Services
3955 Euclid Avenue
and
THERESE HARPER
Family Services
and Family Services
3955 Euclid Avenue
and
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JOHN/JANE DOES 1 THROUGH 5
Family Services
and Family Services
3955 Euclid Avenue
and
SIERRA REBECCA DAY

Inmate No. W103150
Ohio Reformatory for Women
c/o Warden, Ronette Burkes
1479 Collins Avenue
Marysville, Ohio 43040
and
DEONTE LEWIS
Inmate No. A761427
Lorain Correctional Institution
c/o Warden, Kimberly Clipper
2075 South Avon-Beldon Road
Grafton, Ohio 44044
and
GET, READY, SET GROW PRESCHOOL,

LLC
dba GET READY SET GROW
CHILDCARE CENTER
c/o Larry Osayamwen, Statutory Agent
26191 Brush Avenue
Euclid, Ohio 44132
and
ALTHEA CAVOR
LLC
c/o Get Ready Set Grow Childcare Center
26191 Brush Avenue
Euclid, Ohio 44132
and
LARRY OSAYAMWEN
LLC
3

26191 Brush Avenue
Euclid, Ohio 44132
and
TRACEY JUSTICE
LLC
26191 Brush Avenue
Euclid, Ohio 44132
and
KEVIN HICKS
LLC
26191 Brush Avenue
Euclid, Ohio 44132
and

Individually and as agents of
LLC
26191 Brush Avenue
Euclid, Ohio 44132
and
THE LOVE BANK CO.

dba HARBOR CREST CHILDCARE
ACADEMY
c/o Gregory Love, Statutory Agent
4651 Northfield Road
North Randall, Ohio 44128
and
ALESIA LOVE
THE LOVE BANK CO.
and
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TAMIKA ROBINSON
THE LOVE BANK CO.
and

Individually and as agents of
THE LOVE BANK CO.
Defendants
Now comes Plaintiff Mickhal Garrett, individually and as Administrator of the Estate of
Aniya Day Garrett, and states and alleges as follows for his Complaint:
INTRODUCTION
1. This wrongful death and survivorship action is brought by Plaintiff Mickhal
Garrett, individually and as Administrator of the Estate of Aniya Day Garrett.
2. Four-year-old Aniya Day Garrett was severely physically and psychologically
abused by her mother, Defendant Sierra Day, and her mother’s boyfriend, Defendant Deonte
Lewis, which ultimately led to her untimely and tragic death.
3. During the course of Aniya’s short life, Defendants Day and Lewis left physical
marks on Aniya that were visible to anyone who came into contact with her, including
Discovery-Defendant Cuyahoga County’s Division of Children and Family Services (CCDCFS),
its employees, agents, and representatives, and staff at two separate daycares Aniya attended,
Defendant Harbor Crest Childcare Academy (“Harbor Crest”) and Defendant Get, Ready, Set
Grow Preschool, LLC (“Get Ready”).
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4. Discovery-Defendant Cuyahoga County, through CCDCFS, received no less than
six (6) separate reports to their Report Hotline between February 14, 2017 and March 6, 2018
that Defendant Day was physically abusing Aniya. The reports were made by several different
individuals and organizations, including Defendant Day’s own sister, Erica Johnson, Aniya’s
father, Mickhal Garrett, the Euclid and Cleveland police, medical staff at Euclid Hospital, and
several anonymous reporters.
5. The reports were miscategorized and summarily closed without proper
investigation.
6. CCDCFS, through its employees, agents, and/or representatives, including but not
limited to Defendants Chelsy Lilly, Elizabeth Grizer, Tawana James, Lorra Greene, Laura Cole,
Lorianne Delsignore, Therese Harper, and John/Jane Does 1-5, failed to properly investigate and
document the reports of abuse and neglect.
7. An investigation by Ohio Department of Job and Family Services concluded that
CCDCFS failed to properly investigate the reports of child abuse and neglect involving Aniya.
Instead, CCDCFS recklessly referred Defendant Day to community resources without a
comprehensive assessment as to the propriety of those services, conducted absolutely no follow-
up to ensure Defendant Day utilized the community resources, took the word of Defendant Day
over the explicit and repeated statements by Aniya that her mother was abusing her, ignored the
visible bruises and marks covering Aniya’s body, and simply closed the case after minimal
contact with Aniya and Defendant Day.
8. As a result, CCDCFS and its employees and/or agents permitted Aniya to stay in
the care and custody of Defendant Day and Defendant Lewis, where Aniya was left to be
brutalized and tortured.
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9. CCDCFS and its employees, agents, and/or representatives failed to protect
Aniya, choosing instead to actively ignore the clear signs that Defendant Day and Defendant
Lewis were escalating their violence against Aniya and serious injury, including death, was
substantially likely to result.
10. Defendant Harbor Crest and Defendant Get Ready likewise failed to protect
Aniya from the physical abuse and neglect they knew or should have known she was being
subjected to.
11. Defendant Harbor Crest, by and through is principals, agents, and/or employees,
including but not limited to Defendants Alesia Love, Tamika Robinson, and John/Jane Does 5-
10, documented no less than 14 separate incidents between September 17, 2015 and May 18,
2017, in which Aniya was noted to have bruises all over her body, rug burns, busted lips, black
eyes, and bleeding from her ear. One report noted that an employee noticed bruises on Aniya
every day. When asked about the injuries, Aniya told Defendant Harbor Crest employees that her
mom hit her.
12. Despite these written reports and suspicions that Aniya was being abused by her
mother, and the explicit reports from Aniya that her mother was abusing her, Defendant Harbor
Crest did not report anything to police until May 18, 2017, after Aniya appeared at the daycare
with an abrasion to her nose and bleeding from her ears and head.
13. Likewise, Defendant Get Ready, by and through its principals, agents and/or
employees, including but not limited to Althea Cavor, Larry Osayamwen, Tracey Justice, Kevin
Hicks, and John/Jane Does 10-15, never reported suspicions of child abuse to police, despite a
statutory obligation to do so. In fact, Defendant Get Ready employed Defendant Day to work at
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their facility, giving her continued access to not only Aniya, but other vulnerable children at the
daycare.
14. Defendant Harbor Crest and Defendant Get Ready’s failure to report the abuse
and neglect resulted in Aniya being continually subjected to horrific physical and psychological
abuse at the hands of Defendant Day and Defendant Lewis.
15. As a result of the systemic and institutional failures of Defendants, on March 11,
2018, the physical abuse and neglect of Aniya became so pervasive, severe, and unchecked,
Aniya ultimately succumbed to the physical injuries inflicted upon her by her own mother and
her mother’s boyfriend, to wit, her cause of death was determined to be cerebral infarction
caused by blunt force impacts to the head with subdural hematoma.
16. Aniya was also found to be severely malnourished, weighing only twenty-nine
(29) pounds on the date of her death.
17. The Cuyahoga County Medical Examiner determined Aniya’s manner of death to
be a homicide.
18. Aniya suffered from several strokes that likely occurred over the course of
months. Aniya lost the ability to walk and was left to lie in her own urine as her organs began to
digest themselves as a result of severe malnutrition. Aniya’s death was slow and painful.
19. As Aniya slowly died in bed, suffering from strokes and starving to death,
CCDCFS employees, agents, and/or representatives, ignored the cries for help made by Mr.
Garrett, by Defendant Day’s sister, Erica Johnson, Euclid Police, medical staff, and Cleveland
Police, along with other anonymous reporters. Just five days before Aniya succumbed to the
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abuse and starvation, CCDCFS received its final report of abuse and neglect.1 CCDCFS,
through its employees, agents, and/or representatives, did nothing.
20. Defendant Day and Defendant Lewis were convicted of aggravated murder,
murder, child endangering, tampering with evidence, felonious assault and permitting child
abuse. Defendant Day is serving a life sentence without the possibility of parole. Defendant
Lewis is serving a life sentence with the possibility of parole in January 2038.
21. The instant cause of action seeks to hold not only Defendant Day and Defendant
Lewis responsible for Aniya’s death, but to hold all Defendants accountable for their gross
negligence and/or recklessness in the manner in which they processed, reported, and/or failed to
report and investigate the abuse and neglect of Aniya. Defendants ignored clear signs of abuse
and neglect and failed to protect a vulnerable child dependent upon Defendants for protection,
breaching reasonable standards of care and their statutory obligations. As a result, Aniya died a
brutal, excruciating, and avoidable death.
PARTIES
22. Plaintiff Mickhal Garrett is the natural father of Aniya Day Garrett and the duly
appointed Administrator of the Estate of Aniya Day Garrett, deceased, having been appointed by
the Court of Common Pleas, Cuyahoga County, Ohio Probate Division, Case No.
2018EST233268. He brings this wrongful death and survivorship action on behalf of the next of
kin of the decedent.

1 It is believed CCDCFS received at least six (6) reports of abuse and neglect. However, CCDCFS has
refused to produce its files or proceed with any semblance of transparency. Aniya’s father is left to rely
upon the redacted reports and piecemeal testimony from CCDCFS employees at the criminal trial of
Defendants Day and Lewis to guess how many times people begged CCDCFS to help Aniya before her
death.
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23. At all times relevant, Aniya Day Garrett resided at 24451 Lakeshore Boulevard,
Euclid, Ohio 44123, with her mother, Defendant Sierra Day, and her mother’s boyfriend,
Defendant Deonte Lewis.
24. Defendant Sierra Day is currently an inmate incarcerated at the Ohio Reformatory
for Women in Marysville, Ohio, offender number W103150. At the time of Aniya’s death and
the events leading up to it, Defendant Day was a resident of the City of Euclid, County of
Cuyahoga, and State of Ohio.
25. Defendant Deonte Lewis is currently an inmate incarcerated at the Lorain
Correctional Institute in Grafton, Ohio, offender number A761427. At the time of Aniya’s death
and the events leading up to it, Defendant Lewis was a resident of the City of Euclid, County of
Cuyahoga, and State of Ohio.
26. Discovery-Defendant Cuyahoga County is a unit of local government organized
under the laws of the State of Ohio, and is responsible within its boundaries for the exercise of
all powers vested in and the performance of all duties specifically conferred by its Charter and
under Ohio law, including but not limited to the provision of a child protection agency within its
geographical boundaries, namely, Cuyahoga County, Division of Children and Family Services
(“CCDCFS”).
27. Discovery-Defendant Cuyahoga County Executive was and is the governing body
for Cuyahoga County with the power and duties to appoint and oversee CCDCFS pursuant to
Ohio Revised Code sections 5101.21, 307.98, and 307.981. As the governing body for
Cuyahoga County and charged with the powers conferred to county commissioners by general
law, Discovery-Defendant Cuyahoga County Executive is subject to suit as set forth in R.C.
305.12.
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28. CCDCFS, an agency of Discovery-Defendant Cuyahoga County, is a public social
services agency charged by Discovery-Defendant Cuyahoga County Executive with
investigating reports of suspected child abuse and neglect and providing short term and extended
family services for needy and at-risk families.
29. CCDCFS employees and/or agents, including but not limited to social workers,
case workers, and managers, are directed to investigate reports of child abuse and neglect. Based
on their investigations, CCDCFS employees and/or agents are required to make referrals to
family service agencies, create protection plans for at-risk children, and otherwise protect
children at risk for abuse and neglect, including but not limited to removal from their homes and
placement in a safe environment until family reunification is determined to be safe for the child.
30. Defendants Chelsy Lilly, Elizabeth Grizer, Tawana James, Lorra Greene, Laura
Cole, Lorianne Delsignore, Therese Harper, and John/Jane Does 1 through 5 were, at all times
relevant, social workers, case workers, case managers, supervisors, or were otherwise employed
by Discovery-Defendant Cuyahoga County in CCDCFS, operating in the course and scope of
their employment and had a statutory duty to record abuse and neglect, investigate reported
abuse and neglect, conduct and complete safety assessments, conduct face-to-face interviews of
Aniya, and act to remove Aniya from danger posed by Defendant Day, Defendant Lewis, and/or
anyone else involved in the neglect and abuse of Aniya.
31. Plaintiff cannot identify John/Jane Does 1 through 5 by name because records of
their identities are maintained and in the control of Discovery-Defendants Cuyahoga County and
Cuyahoga County Executive and are not available and cannot be discovered by Plaintiff prior to
filing of the within action.
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32. At all relevant times, Defendant Get, Ready, Set Grow Preschool, LLC, dba Get
Ready Set Grow Childcare Center (“Get Ready”), was a childcare provider licensed by the State
of Ohio under License Number 307954, and authorized to conduct business in the State of Ohio,
with its principal place of business located at 26191 Brush Avenue, Euclid, Ohio 44132.
Decedent Aniya was a child entrusted to Get Ready. Defendant Get Ready, as a state licensed
child care center, was obligated under OAC 5101:2-12-19(D) to report suspicions of child abuse
and neglect.
33. Defendants Althea Cavor, Larry Osayamwen, Tracy Justice, Kevin Hicks, and
John/Jane Does 5 through 10 were, at all times relevant, principals, owners, employees, and/or
agents of Get Ready, and had the statutory obligation to report suspicions of child abuse and
neglect relating to Aniya.
34. Plaintiff cannot identify John/Jane Does 5 through 10 by name because records of
their identities are maintained and in the control of Defendant Get Ready and are not available
and cannot be discovered by Plaintiff prior to filing of the within action.
35. At all relevant times, Defendant The Love Bank Co., dba Harbor Crest Childcare
Academy (“Harbor Crest”), was a childcare provider licensed by the State of Ohio under License
Number 300329, and authorized to conduct business in the State of Ohio, with its principal place
of business located at 24251 Lakeshore Boulevard, Euclid, Ohio 44123. Decedent Aniya was a
child entrusted to Harbor Crest. Defendant Harbor Crest, as a state licensed child care center,
was obligated under OAC 5101:2-12-19(D) to report suspicions of child abuse and neglect.
36. Defendants Alesia Love, Tamika Robinson, and John/Jane Does 10 through 15,
were, at all times relevant, principals, owners, employees, and/or agents of Harbor Crest, and had
the statutory obligation to report suspicions of child abuse and neglect relating to Aniya.
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37. Plaintiff cannot identify John/Jane Does 10 through 15 by name because records
of their identities are maintained and in the control of Defendant Harbor Crest and are not
available and cannot be discovered by Plaintiff prior to filing of the within action.
JURISDICTION AND VENUE
38. Jurisdiction and venue are proper with this Court, as Plaintiff, Defendants, and
Discovery-Defendants are residents of Cuyahoga County, and/or Defendants’ and Discovery-
Defendants’ conduct and/or activities that give rise to Plaintiff’s claims under Ohio Revised
Code sections 2125.01 et. seq. and 2305.21 occurred in Cuyahoga County.
39. This Court has jurisdiction over the instant Petition for Discovery pursuant to
Ohio Civil Rule 34(D).
GENERAL FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
40. Plaintiff hereby incorporates by reference all allegations outlined in the preceding
paragraphs as if fully restated herein.
41. Decedent Aniya Day Garrett was born on September 2, 2013, to Defendant Sierra
Day and Mickhal Garrett.
42. Defendant Sierra Day maintained physical custody of Aniya from the date of birth
until Aniya’s death on March 11, 2018.
43. Mickhal Garrett was actively involved in Aniya’s life and provided emotional and
financial support.
44. Mickhal Garrett maintained visitation with Aniya until September of 2017, when
Defendant Day began to deprive him of access to Aniya after he began to question Defendant
Day about bruises on Aniya and after he filed a police report with the Cleveland Police
Department on account of his suspicions that Defendant Day was abusing Aniya.
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45. After several weeks of being denied access to his daughter, Mickhal Garrett
attempted to make contact with Defendant Day and Aniya at Defendant Day’s place of
employment, Defendant Get Ready.
46. Defendant Day falsely accused Mickhal Garrett of committing domestic violence
against her and obtained an order of protection, which resulted in depriving Mickhal Garrett of
all access to Aniya.
47. On December 14, 2017, Mickhal Garrett petitioned the Domestic Relations Court
in Case No. DV-17-369361for removal of the order of protection, explaining that he is concerned
about the safety of his daughter, stating: “I truly, truly, truly feel as though our daughter (Aniya)
is being abused at home physically/mentally and that her life could possibly be in danger, I have
recently received information and details from Ms. Day [sic] sister/relatives that our daughter has
been getting abused physically at home and that my daughter has been to the hospital and 696
kids has been called previously and the past in which I had no idea!!![…] PLEASE HELP
ME!!!”
48. A hearing on Mickhal Garrett’s motion was scheduled to take place March 15,
2018. The hearing never occurred because of Aniya’s death on March 11, 2018.
49. Mickhal Garrett was not the only person to voice concern over Defendant Day’s
treatment of Aniya.
50. No less than six (6) reports were made to the Report Hotline, 216-696-KIDS,
between February 14, 2017 and March 6, 2011.2

2 Discovery‐Defendant Cuyahoga County has refused to provide records to Mr. Garrett pertaining to its
investigations, or lack thereof, into allegations of abuse and neglect. The redacted report indicates that six
calls were made, however, based on information revealed during the criminal trial of Defendants Day
and Lewis, it is believed that many additional follow up phone calls were made to CCDCFS that were not
identified as separate “reports” through 696‐Kids.
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51. The Report Hotline is made available by Discovery-Defendant Cuyahoga
County’s agency, CCDCFS,3 for the purpose of reporting and processing tips regarding child
abuse and neglect.
52. Complaints made to the Report Hotline are processed by CCDCFS through its
agents and/or employees.
53. CCDCFS through its agents and/or employees determine whether the report will
be accepted for investigation (“screened in”), or whether the report is unfounded, there is no or
low risk, or no service needs (“screened out”).
54. If the report is screened in, it is assigned to an intake specialist within CCDCFS
for investigation.
55. The investigation is supposed to include an assessment of safety and family
functioning.
56. Once a report of child abuse and neglect has been made, CCDCFS employees,
agents, and/or representatives are required to follow the investigative procedures, practices, and
timelines as outlined in Ohio Administrative Code 5101 et. seq.
57. Based on the initial assessment, the intake specialist is required to timely
determine the risk level to the child, between moderate, high, or intensive, and determine
whether there is a need for services.
58. In the event the report is determined to be an emergency, such as in the instance
of physical abuse, CCDCFS employees, agents, and/or representatives are required to have face-
to-face contact with the target child within one hour from the time the report is screened in.

3 As CCDCFS is an agency of Discovery‐Defendant Cuyahoga County, any allegation against CCDCFS
herein is an allegation against Discovery‐Defendant Cuyahoga County.
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59. CCDCFS employees, agents, and/or representatives are to conduct a background
review and complete an activity log documenting all information found, including historical case
records regarding the target child and perpetrator, the child welfare history from any other
county or state, a public records check for every adult in the home, a check of the national sex
offender registry, and a public record check on the non-custodial parent.
60. If a report is determined to require services, the intake specialist must determine
whether the child can be safely maintained in the home. If the child cannot be safely maintained
in the home, a placement decision is made by CCDCFS employees, agents, and/or
representatives, whereby the child will be placed with a relative, or into a foster home, group
home, or institution.
61. If the child can be safely maintained in the home, CCDCFS employees, agents,
and/or representatives are required to provide on-going family services and develop or amend
any case plans to ensure the safety of the child.
62. On-going evaluation by CCDCFS employees, agents, and/or representatives is
required to ensure the case plan objectives are met, the threat to the child is alleviated, or, if the
threat has not been alleviated, to determine whether termination of custody is appropriate.
63. Cases reported to CCDCFS are not to be closed absent a complete investigation
into the safety and welfare of the child.
64. CCDCFS employees, agents, and/or representatives failed to follow CCDCFS
written policies and procedures, as well as OAC 5101 et seq. when responding to each report of
abuse and neglect regarding Aniya.
65. The first report of abuse and neglect was made to CCDCFS on February 14, 2017.
The report alleged physical abuse of Aniya at the hands of her mother, Defendant Day.
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66. A face to face meeting was initiated with Aniya that same day. During the
CCDCFS interview, Aniya informed the caseworker, Defendant Chelsy Lilly and/or Defendant
John/Jane Doe 1, that her mommy was the cause of her physical injury. Defendant Chelsy Lilly
and/or Defendant John/Jane Doe 1 did not believe Aniya, without providing any basis for
discrediting Aniya’s statements.
67. The interview was conducted by a caseworker that had no experience
interviewing children without a mentor present.
68. A mentor was not present during the interview.
69. The CCDCFS case worker, Defendant Chelsy Lilly and/or Defendant John/Jane
Doe 1, was required under OAC 5101:2-36-20(Q) and 5101:2-36-03(Q) to perform a face to face
or phone interview with any person identified as a collateral source of information.
70. The CCDCFS case worker, Defendant Chelsy Lilly and/or Defendant John/Jane
Doe 1, interviewed only one daycare provider and another unidentified source. The daycare
provider voiced concerns about bruises on Aniya which were witnessed on multiple occasions.
Defendant John/Jane Doe 1 discounted those concerns without any explanation for doing so.
71. The CCDCFS caseworker, Defendant Chelsy Lilly and/or Defendant John/Jane
Doe 1, was required under OAC 5101:2-36-20(Y)(4) and OAC 5101:2-36-03(AA)(6) to contact
the non-custodial parent, Mickhal Garrett, once a report, report disposition, and case decision
had been made.
Doe 1, did not contact Mickhal Garrett regarding the February 14, 2017 report despite having
access to his contact information.
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73. Instead, the CDCFS caseworker, Defendant Chelsy Lilly and/or Defendant
John/Jane Doe 1, referred Defendant Day to Alternative Response Pathway, an alternative
program designed for non-serious cases.
74. Alternative Response Pathway is permitted only when the report does not allege
serious or imminent harm and there is no substantiation of the allegation of abuse and neglect.
75. An Alternative Response Pathway is permitted only after a comprehensive Safety,
Risk and Family Assessment has been completed.
76. The February 14, 2017 report involved allegations of physical abuse that were
substantiated by Aniya. The case was not appropriate for Alternative Response Pathway.
77. CCDCFS employees, agents, and/or representatives did not perform a
comprehensive Safety, Risk and Family Assessment after the report of abuse and neglect on
February 14, 2017. The case was not appropriate for Alternative Response Pathway.
Doe 1, only performed a single interview with Aniya and the mother.
Doe 1, was also advised of several documented instances in which injuries were observed on
Aniya by a daycare provider starting in September 2015.
Doe 1, did not review or obtain the reports from the daycare provider.
81. Instead, the CCDCFS caseworker, Defendant Chelsy Lilly and/or Defendant
John/Jane Doe 1, closed the case after just nine (9) days, with a referral to Euclid Community
Collaborative.
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Doe 1, performed no follow up whatsoever to determine whether Defendant Day utilized the
services referral with Euclid Community Collaborative.
83. Defendant Day did not follow up on the services referral to the Euclid
Community Collaborative.
84. The CCDCFS supervisor, Defendant John/Jane Doe 2, failed to properly
supervise, monitor, or document the activities of Defendant Chelsy Lilly and/or Defendant
John/Jane Doe 1.
85. Defendant Day continued to physically and psychologically abuse Aniya because
Discovery-Defendant Defendant Cuyahoga County, by and through its agency, CCDCFS, and its
employees, agents, and/or representatives, including but not limited to Chelsy Lilly, Elizabeth
Grizer, Tawana James, Lorra Greene, Laura Cole, Lorianne Delsignore, Therese Harper, and/or
John/Jane Does 1-5, failed to properly investigate and respond to the February 14, 2017 report of
abuse and neglect.
86. Consequently, another report of abuse and neglect involving Aniya was called in
to the Report Hotline on May 18, 2017.
87. The report was precipitated by Defendant Harbor Crest, by and through its
employees, alerting law enforcement that they believed Aniya was being physically assaulted at
home, that they witnessed different “marks” on Aniya through the past week, and that she was
bleeding from the ear and had a head injury.
88. Euclid Police responded to the daycare facility and noted that Aniya had dried
blood inside of her left ear, large scabs covering the majority of her nose, and abrasions to her
scalp.
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89. Euclid Police interviewed the owner of Defendant Harbor Crest, Defendant
Tamika Robinson, who informed police that on May 15, 2017, she noticed that Aniya had fresh
scrapes to her nose. Defendant Day advised Defendant Robinson that the marks occurred when
Aniya fell at the park.
90. Aniya informed Defendant Robinson that “mommy had pushed her down at home
and her nose got hurt on the carpet” and that “mommy keeps saying that it happened at the park.”
91. Defendant Robinson completed a Child Observation Form regarding the incident
on May 15, 2017.
92. Defendant Robinson placed the Child Observation Form in Aniya’s file, only to
discover a stack of similar reports in her file, dating back to September 17, 2015. In total,
fourteen (14) separate incidents were documented, as follows:
a. 9/17/2015 – bruise on right side of face, looked like a hand print.
b. 10/22/2015 – bruise to right side of face, looked like a hand print. Child cried
most of the day.
c. 9/12/2016 – bruises on face, eye, and arm. Mother stated that Aniya had fallen
out of bed and she removed some bandages from where Aniya had gotten shots.
d. 9/21/2016 – bruises on her face, under her eye and on her eye lid. Aniya stated
that mom did it.
e. 10/25/2016 – bump on head. Aniya was crying.
f. 12/1/2016 – Aniya had a bruise under her right eye and was crying. Aniya stated
that mom had hit her. Mom stated that it happened at Applebee’s.
g. 12/2/2016 – bruise on left (?) Aniya stated that mom has been hitting her
h. 12/6/2016 – rug burn type scar on left elbow. Aniya stated that mom hit her.
i. 12/27/2016 – bruise on forehead. Aniya stated that mom and dad did it. Mommy
hit me.
j. 1/18/2017 – Aniya came to school with several bruises on the face, arm, and back.
Aniya has a raised bruise on her left upper forearm. When asked about it, Aniya
stated that her mommy had scratched her.
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k. 2/10/2017 – Aniya has a dark colored bruise under her left eye. Aniya stated that
mom did this. Staff noticed bruises on her every day when she comes in.
l. 3/14/2017 – right side of lip. Busted lip.
m. 5/15/2017 – scrape on top and under nose. Mother said child fell at the park.
Child says mommy pushed her down at home.
n. 5/18/2017 – right side of head and ear. Swollen and dried blood.

93. The Child Observation Reports were prepared and/or maintained by Defendant
Alesia Love, Defendant Tamika Robinson, and/or Defendants John/Jane Does 5 through 10, as
employees, agents, and/or representatives of Defendant Harbor Crest.
94. Defendant Robinson, Defendant Love, and Defendants John/Jane Doe 5-10 did
not contact CCDCFS or law enforcement regarding the May 15, 2017 incident, or any of the
incidents preceding it, as is required under OAC 5101:2-12-19(D).
95. It was not until May 18, 2017 that Defendant Harbor Crest and Defendant
Robinson finally notified law enforcement regarding Aniya’s injuries.
96. On May 18, 2017, Aniya was transported to Euclid Hospital for treatment for her
head injuries.
97. Euclid Hospital assigned a social worker to her file, who contacted CCDCFS.
98. CCDCFS sent social worker Defendant Tawana James to Euclid Hospital to
initiate an investigation into the health and safety of Aniya.
99. Euclid Police Officer Screngi (Badge# 0029) provided the fourteen (14) Child
Observation Reports to Defendant James.
100. Neither Defendant James nor CCDCFS reported Defendant Harbor Crest’s failure
to notify child protective services to the Ohio Department of Jobs and Family Services, despite
actual knowledge of reports of abuse dating back two years.
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101. Defendant James and CCDCFS employees, agents, and/or representatives violated
OAC 5101:2-36-12(D)(7) by failing to report Defendant Harbor Crest to the Ohio Department of
Jobs and Family Services.
102. By failing to report Defendant Harbor Crest to the Ohio Department of Jobs and
Family Services, Defendant James and Discovery-Defendant Cuyahoga County, by and through
it employees, agents, and/or representatives, placed Aniya and every other child in the care of
Defendant Harbor Crest in danger.
103. On May 18, 2017, Defendant James interviewed Aniya at Euclid Hospital, who
told Defendant James that her mommy hit her and hurts her, and that “mommy did it and it hurt”
in response to several inquiries regarding how Aniya received her head injury.
104. Defendant James also interviewed Defendant Day, who could not provide an
explanation as to the cause of Aniya’s injuries and refused to provide any contact information for
the friend that Defendant Day alleged Aniya had been staying with the day before.
105. Despite explicit reports from Aniya that Defendant Day abused her and hurt her
and Defendant Day’s inability to provide an explanation for Aniya’s injuries, Defendant James
released Aniya into the care and custody of Defendant Day with a “verbal safety plan” until a
Safety Conference Meeting at CCDCFS could take place the following day.
106. A “verbal safety plan” is not permissible under OAC 5101:2-37-02. A
Comprehensive Assessment Planning Model-I.S., JFS 1409-Safety Plan for Children was
required, but was never performed.
107. Defendant James and Discovery-Defendant CCDCFS breached their duties by
implementing a “verbal safety plan” and failing to perform a comprehensive assessment before
releasing Aniya into the care of her mother.
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108. A Safety Conference Meeting was attended by Defendant James and other
employees, agents, and/or representatives of CCDCFS, including but not limited to Chelsy Lilly,
Elizabeth Grizer, Tawana James, Lorra Greene, Laura Cole, Lorianne Delsignore, Therese
Harper, and/or John/Jane Does 1 through 5.
109. After the Safety Conference Meeting on May 19, 2017, Defendant Day was
permitted to maintain the sole care and custody of Aniya on the basis that, according to
Defendant James, the abuse could not be substantiated, the mother’s explanation was “plausible”
and the emergency room staff could not determine the origin of injury.
110. This reasoning was directly contradicted by the evidence. Aniya confirmed the
abuse; medical records provided that the injuries were consistent with abuse; and, in fact,
Defendant James and the supervisor, Defendant John/Jane Doe 3, and any and all other
employees, agents, and/or representatives in attendance at the Safety Conference Meeting,
including but not limited to Chelsy Lilly, Elizabeth Grizer, Lorra Greene, Laura Cole, Lorianne
Delsignore, Therese Harper, and/or John/Jane Does 1-5, never even reviewed the medical
records.
111. Instead of performing an adequate investigation into the report of abuse,
Discovery-Defendant CCDCFS, Defendant James, and any and all other employees, agents,
and/or representatives of CCDCFS, including but not limited to Chelsy Lilly, Elizabeth Grizer,
Lorra Greene, Laura Cole, Lorianne Delsignore, Therese Harper, and/or John/Jane Does 1-5,
passed the buck and abdicated their duties under the law, by simply placing the case into the
Alternative Response Pathway and referring Defendant Day to Euclid Community Collaborative
for a behavioral assessment.
23

112. Placing the case into the Alternative Response Pathway was not permissible as the
report involved allegations of substantiated physical abuse.
113. Placing the case into the Alternative Response Pathway was not permissible as a
comprehensive Safety, Risk and Family Assessment was never completed.
114. For the second time after the first report on February 14, 2017, Defendant Day
never followed up with Euclid Community Collaborative.
115. On June 13, 2017, an employee, agent, and/or representative of CCDCFS was
notified by Euclid Community Collaborative that Defendant Day did not follow up and they
needed a new contact number for her.
116. The case was closed thirty-nine (39) days later without any additional follow up
with Aniya, Defendant Day, or anyone else.
117. Mickhal Garrett was never informed of the report of abuse against his daughter.
118. CCDCFS, Defendant James, Chelsy Lilly, Elizabeth Grizer, Lorra Greene, Laura
Cole, Lorianne Delsignore, Therese Harper, and/or John/Jane Does 1-5, breached their duties
under OAC 5101:2-36-20(Y)(4) and OAC 5101:2-36-03(AA)(6) by failing to notify Mickhal
Garrett of the report of abuse.
119. Defendant Day and Defendant Lewis continued to physically and psychologically
abuse Aniya because CCDCFS, by and through its employees, agents and/or representatives,
including but not limited to Chelsy Lilly, Elizabeth Grizer, Tawana James, Lorra Greene, Laura
Cole, Lorianne Delsignore, Therese Harper, and John/Jane Does 1-5, failed to properly
investigate and respond to the May 18, 2017 report of abuse and neglect.
120. Consequently, another referral of abuse and neglect involving Aniya was called in
to the Report Hotline in September of 2017.
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121. CCDCFS, by and through its employees, agents, and/or representatives, including
but not limited to Chelsy Lilly, Elizabeth Grizer, Tawana James, Lorra Greene, Laura Cole,
Lorianne Delsignore, Therese Harper, and John/Jane Does 1-5, “screened out” the call, without
retaining any information regarding why the call was screened out.
122. Upon information and belief, the report was made by Patrol Officer Corey
McFadden of the Cleveland Police Department in response to a report made by Mickhal Garrett,
documenting bruises covering Aniya’s body.
123. CCDCFS, by and through its employees, including but not limited to Chelsy
Lilly, Elizabeth Grizer, Tawana James, Lorra Greene, Laura Cole, Lorianne Delsignore, Therese
Harper, and John/Jane Does 1-5, screened out the call, despite the fact that it was the third report
of child abuse and neglect relating to Aniya within an 8-month period, and despite the fact that a
police officer documented bruises on Aniya’s face and body.
124. CCDCFS employees, agents, and/or representatives breached their duties under
OAC 5101:2-33-23 and OAC 5101:2-33-70 by failing to document case record information into
the Statewide Automated Child Welfare Information System.
125. It was after this third report was made to and ignored by CCDCFS that Defendant
Day deprived Mickhal Garrett access to Aniya.
to the Report Hotline on December 13, 2017.
127. The call--for the fourth time--reported physical abuse of Aniya.
128. Despite the fourth report of physical abuse, CCDCFS employees, agents, and/or
representatives never performed a face to face meeting with Aniya to evaluate her health and
safety.
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129. Instead, a case worker for CCDCFS, Defendant Lorra Green and/or Defendant
John/Jane Doe 4, spoke to Defendant Day over the telephone on December 19, 2017 – nearly a
week after the report. Defendant Day refused to produce Aniya for a face to face meeting,
falsely claiming that Aniya was visiting a relative.
130. CCDCFS and Defendant Lorra Green and/or Defendant John/Jane Doe 4
acquiesced to Defendant Day and permitted her to shield them from interviewing Aniya.
131. In the meantime, on December 21, 2017, CCDCFS received two additional
reports alleging physical abuse, one in which the reporter informed CCDCFS that Defendant Day
was lying about Aniya’s whereabouts and was purposefully delaying contact to allow Aniya’s
bruises to heal.
Lorianne Delsignore, Therese Harper, and John/Jane Does 1-5, screened out these phone calls as
“duplicates.”
133. CCDCFS employees, agents, and/or representatives did not perform any follow
up until December 28, 2017 – fifteen (15) days after the initial call was screened in and seven (7)
days after the additional reports of abuse.
134. There was no justification for the delay in interviewing Aniya and the failure to
do so put her in continuous physical and psychological harm.
135. CCDCFS by and through its employees, agents, and/or representatives including
Lorianne Delsignore, Therese Harper, and John/Jane Does 1-5, breached their duties under OAC
5101:2-36-30 by failing to have a face to face meeting with Aniya within 24 hours of the report.
26

136. When CCDCFS employees, agents, and/or representatives finally conducted the
face to face interview with Aniya, the case worker, Defendant Lorra Greene and/or Defendant
John/Jane Doe 4, conducted the interview in front of Defendant Day and did not document the
results of the interview, noting only that Aniya had a “very timid demeanor” and appeared tense
when the caseworker examined her body for marks and bruises.
137. The caseworker, Defendant Lorra Greene and/or Defendant John/Jane Doe 4, took
no additional steps to protect Aniya.
138. The caseworker, Defendant Lorra Greene and/or Defendant John/Jane Doe 4, did
not interview the daycare provider, despite receipt of the fourteen (14) prior Child Observation
Reports.
139. During interviews of collateral sources, several sources voiced “grave concerns”
about Aniya’s safety.
140. The caseworker, Defendant Lorra Greene and/or Defendant John/Jane Doe 4, did
not even ask for the identity of the family member Aniya had allegedly been staying with.
but not limited to Lorra Greene and/or John/Jane Doe 4, did not initiate contact with Mickhal
Garrett, in violation of OAC 5101:2-36-20(Y)(4) and 5101:2-36-03(AA)(6).
142. The case remained open for 44 days, with 28 days elapsing between the contact
with Aniya and the closure date.
143. CDCFS, by and through its employees, agents, and/or representatives, including
but not limited to Lorra Greene and/or John/Jane Doe 4, designated the report as appropriate for
Alternative Resolution Pathway.
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144. The report was not appropriate for Alternative Resolution Pathway because the
allegations included substantiated claims of physical abuse.
145. The report was not appropriate for Alternative Resolution Pathway because a
comprehensive Safety, Risk and Family Assessment was never completed.
146. CCDCFS employees, agents, and/or representatives closed the case with yet
another referral to Euclid Community Collaborative.
147. Defendant Day had not followed up with the two prior referrals to Euclid
Community Collaborative.
148. CCDCFS employees, agents, and/or representatives did nothing to investigate
whether Defendant Day followed up with Euclid Community Collaborative.
149. Defendant Day and Defendant Lewis continued to physically and psychologically
abuse Aniya because CCDCFS, by and through its employees, agents, and/or representatives,
including but not limited to Chelsy Lilly, Elizabeth Grizer, Tawana James, Lorra Greene, Laura
Cole, Lorianne Delsignore, Therese Harper, and John/Jane Does 1-5, failed to properly
investigate and respond to the December 13 and December 21, 2017 reports of abuse and
neglect.
150. Defendant Day’s sister, Erica Johnson, was concerned about the fact that Aniya
remained in the care of Defendant Day. Ms. Johnson observed that Aniya was losing weight and
was getting “smaller and smaller,” to such an extent that Ms. Johnson could see Aniya’s stomach
appeared bloated and distended. Aniya was acting stand-offish and seemed unhappy. Ms.
Johnson also observed Defendant Day take Aniya into a private room and beat her to such an
extent that Aniya would come out of the room with a bloody nose.
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151. Ms. Johnson contacted CCDCFS through 696-Kids several times between
December 2017 and January 2018, begging them for help and advising CCDCFS that her sister
needed help and that they needed to get Aniya “out of the household.”
152. Despite Ms. Johnson’s cries for help CCDCFS, by and through its employees,
agents, and/or representatives including but not limited to Chelsy Lilly, Elizabeth Grizer,
Tawana James, Lorra Greene, Laura Cole, Lorianne Delsignore, Therese Harper, and John/Jane
Does 1-5, ignored her pleas.
to the Report Hotline on March 6, 2018 – just five days before Aniya’s death.
154. Just as the many calls that preceded it, the allegations were that Aniya was being
physically abused by Defendant Day.
155. The intake specialist for CCDCFS, Defendant John/Jane Doe 5, assigned the
report to Family in Need of Services.
156. Family in Need of Services is not intended to assess allegations of abuse and
neglect.
157. The report should have been categorized as a Child Abuse/Neglect Report,
wherein a face to face meeting within one hour, and no later than twenty-four hours, would have
been required.
158. The CCDCFS case worker, Defendant John/Jane Doe 5, contacted Defendant Day
to schedule an interview, who asked that the case worker not visit until the following week.
159. Accepting that response and in reckless disregard for Aniya’s safety, a home visit
was scheduled with Defendant Day to take place March 12, 2018—nearly a week after the report
was received.
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160. On March 11, 2018, Aniya was found lifeless, deteriorating in a urine-ridden
mattress.
161. Evidence of rigor had set in by the time first responders arrived, indicating Aniya
had been dead long before Defendant Day and Defendant Lewis contacted authorities.
162. Euclid Police Officer Edington (Badge No. 0079) noted that upon arrival Aniya’s
hands and face were extremely pale and lifeless; that Aniya’s face and neck appeared very small
and emaciated; and that her fingers were so thin he could see the individual joints in her fingers.
Prosecutors described Aniya’s body as that of an Auschwitz prisoner.
163. Aniya had a very large bruise to her left eye, which caused the eye lid to be nearly
swollen shut. The Cuyahoga County Medical Examiner testified that the bruise likely occurred
two days prior to Aniya’s death.
164. There were lacerations to her face, scald marks on her right shin and foot and to
the back of her left leg.
165. Aniya was transported to Euclid Hospital, where she was pronounced dead at
1544 hours.
166. Aniya weighed only 29 pounds and was noted to be “extremely emaciated.”
167. Aniya was noted to have scabbing on her back near the left rib area and her left
incisor tooth was missing.
168. Aniya’s hands and feet where wrapped in paper bags, secured with rubber bands.
169. Aniya’s body was placed in a body bag.
170. Aniya’s body was transported to the Cuyahoga County Coroner’s office and an
autopsy was performed. It was determined that Aniya died of a cerebral infarction as a result of
30

blunt impacts to the head with a subdural hematoma. Malnutrition was identified as a significant
contributing condition to her death.
171. The Cuyahoga County Medical Examiner testified that Aniya’s death was
prolonged and painful, as she suffered several strokes over the course of months and slowly
starved to death.
172. The manner of death was ruled a homicide.
173. Defendants Day and Lewis were arrested and ultimately convicted of aggravated
murder, murder, felonious assault, permitting child abuse, endangering children, and tampering
with evidence in the matters of State of Ohio v. Sierra Day, Cuyahoga County Court of Common
Pleas, No. CR-18-626899-A, and State of Ohio v. Deonte Lewis, Cuyahoga County Court of
Common Pleas, No. CR-18-626899-B.
174. After Aniya’s death on March 11, 2018, Discovery-Defendant Cuyahoga County
Executive appointed a Child Welfare Review panel to review and access whether staff followed
department policies and procedures, compare the timeline of responses and services to the
response times suggested by the State of Ohio, and access whether the investigation and case
work reflect solid child-welfare practice.
175. The review was completed on June 28, 2018, but its unredacted findings have not
been released to the public, and despite requests from Plaintiff, have not been provided by
Discovery-Defendants.4

4 On January 4, 2019, counsel for Mr. Garrett requested the complete file relating to Aniya from CCDCFS,
including the unredacted report. (See January 4, 2019 Letter from Paul Grieco to Cynthia G. Weiskittel,
Director of CCDCFS, attached hereto as Exhibit 1). Having received no response, counsel again contacted
Ms. Weiskittel on February 15, 2019. (See February 15, 2019 Letter from Paul Grieco to Cynthia G.
Weiskittel, attached hereto as Exhibit 2). Finally, on March 19, 2019, counsel received an email from
Assistant Law Director Elizabeth Lindberg, denying the request for information in its entirety. (See
31

176. In the heavily redacted report, the Child Review Panel found:
a. CCDCFS workers adhered to a “single hypothesis about child injuries [that] did
not allow for alternate explanations of abuse throughout all investigations;”
b. that “Alternative Response should not be used for physical abuse cases;”
c. that “[i]nvestigative practice must consider multiple hypotheses, follow leads,

consider contradictory information-in person visits with collaterals, more in depth
exploration of stories;”
d. that CCDCFS must “[e]levate qualitative case practice at all levels,” “[i]ntensify
investigative efforts to learn of any prior DV incidents from law enforcement,”
“increase diligence in finding & engaging fathers,” “rethink assumptions made
about non-custodial parents and family more broadly,” and make sure “[c]hild
safety is the first priority-parental rights must be seen within that context;”
e. that CCDCFS should institute face to face hand off meetings for targeted case
services and revitalize its relationships with Collaborative programs;
f. that mandated reporters must provide timely and more thorough reports to
CCDCFS;
g. that CCDCFS should hire and train additional staff; and
h. CCDCFS needs to create a robust quality assurance function that can routinely
review the quality of casework.
177. The Ohio Department of Jobs and Family Services completed a separate
investigation into CCDCFS’s handling of reports of abuse and neglect regarding Aniya.
178. On September 17, 2018, the Ohio Department of Jobs and Family Services issued
a report, noting, in part, as follows:
a. “[T]he quality of the assessments, more specifically the Family Assessments,

were not comprehensive in scope and did not include an accurate assessment of
risk and safety for the target child. Each of the Family Assessments completed the
three (3) Alternative Response reports failed to include details regarding the
presence of nearly two years (09/17/15-05/18/17) of daycare provider reports that
chronicled injuries to the target child. As a result, the assessments failed to use
this documented history of injuries/suspected abuse to arrive at a final case

March 19, 2019, Email Correspondence from Elizabeth Lindberg to Paul Grieco, attached hereto as Exhibit
3).
32

analysis. Instead, each assessment focused on the current reported incident and
did not assess risk and safety from a comprehensive perspective. During the
onsite review, the reviewers learned that although CCDCFS first became aware of
the injury reports on file with the daycare provider in February 2017, the February
case closed without ever obtaining copies of the reports. The reports were not
obtained by CCDCFS until May 2017, when the target child came back to the
attention of the agency for a second time with subsequent allegations of
abuse…With regard to the fourth report accepted by CCDCFS in March 2018,
this report, which was erroneously assigned to the Family in Need of Services—
Home Evaluation/Visitation Assessment Intake Category; did not require the
completion of the Safety and Family Assessment tools as reports assigned to this
category are not intended to assess child abuse/neglect concerns.”
b. “[T]he reviewers determined that the informal assessments of risk and safety were
insufficient to accurately and thoroughly assess risk and safety for the target
child…there were concerns regarding the frequency, duration and/or quality of
face-to-face contacts with the target child in each of the reports.”
c. Case assessments were not completed timely.
d. Case record information was not documented into the Statewide Automated Child
Welfare Information System as mandated by OAC 5101:2-33:23 and 5101:2-33-
70.
e. CCDCFS improperly utilized a Verbal Safety Plan, when, under OAC 5101:2-37-
02, a Comprehensive Assessment Planning Model -I.S., JFS 1409 Safety Plan for
Children, does not authorize verbal safety plans.
f. CCDCFS failed to refer the failure of Defendant Harbor Crest to report

documented injuries to the State of Ohio Department of Children and Family
Services, as mandated by OAC 5101:2-36-12(D)(7), despite the awareness on the
part of Defendant CCDCFS of a two-year back log of documented injuries since
February 2017. Employees of Defendant CCDCFS were not even aware of this
requirement, indicating a complete lack of appropriate training.
g. CCDCFS failed to adequately contact and interview collateral sources during their
investigations. When interviews were conducted, they were insufficient, and
reports of abuse were ignored.
h. CCDCFS failed to contact Aniya’s father, Mickhal Garrett, despite having his
contact information in the case file. Failure to notify the non-custodial parent was
a violation of OAC 5101:2-36-20(Y)(4) and 5101:2-36-03(AA)(6).
33

i. As to the assessments of risk in the Alternative Response Pathway, “the
assessments of risk and safety were incident driven instead of exploring the target
child’s safety within an evaluation of the family’s full circumstances and needs.
Despite each caseworker having access to the history of the target child, which
detailed a lengthy period of ongoing and concerning injuries, each of the
assessments focused on the immediate report that had been received by CCDCFS.
Once the mother provided what was determined to be a plausible explanation, the
case was closed with a referral for services. The child’s statements were
discounted as either unintelligible or confused despite her repeatedly stating,
according to the record, that her mother caused her injuries. At no point was a
discussion held regarding the ongoing pattern of injuries to the head that the target
child received. Nor was there a discussion regarding what needed to happen to
assure those injuries ceased through better supervision, parental training, child
assessment, parental support or a period of ongoing monitoring by the agency.”
j. “[T]he agency failed to conduct a comprehensive assessment of the target child’s

needs.”
k. Defendant Day requested assistance from CCDCFS but was not provided
resources to obtain such assistance and the assessment “was not comprehensive in
scope. The assessments instead were incident focused and did not include
detailed discussions regarding the mother’s history with CCDCFS, the presence
or lack of protective capabilities, or an exploration as to the root cause of the
ongoing pattern of injuries the target child sustained.”
l. There was no follow up with Defendant Day regarding whether she utilized the
services of Euclid Community Collaborative despite three referrals in February,
May, and December of 2017, nor were there any documented discussions
regarding why the mother failed to follow through with previous referrals as
subsequent referrals were issued.
179. The Ohio Department of Job and Family Services required CCDCFS to develop a
Corrective Action Plan as a result of the failures of CCDCFS employees, agents, and/or
representatives as it pertains to its processing, investigating, and handling of Aniya’s case.
180. After Aniya’s death, the Ohio Department of Job and Family Services also
initiated an investigation into the manner in which Defendant Get Ready and Defendant Harbor
Crest reported, or failed to report, known or suspected abuse as it relates to Aniya.
34

181. The Ohio Department of Job and Family Services found that Defendant Get
Ready violated OAC 5101:2-12-19, which requires Defendant Get Ready and its employees,
agents, and/or representatives notify the local public children services agency of any suspicion of
abuse or neglect against a child.
Ready violated OAC 5101:2-12-16, which requires Defendant Get Ready and its employees,
agents, and/or representatives retain and complete JFS 01299 “Incident/Injury Report for Child
Care” for at least one year.
Ready violated OAC 5101:2-12-10, in that (1) it was not requiring staff to complete the required
one-hour prescribed Child Abuse training; and (2) there were periods in which there was not at
least one staff member on site with valid training in child abuse recognition and prevention.
184. Defendant Get Ready’s violations of these provisions and the failure of its
employees, agents, and/or representatives, including but not limited to Larry Osayamwen, Althea
Cavor, Tracey Justice, Kevin Hicks, and John/Jane Does 10-15, to report known or suspected
child abuse in violation of its statutory obligations resulted in Aniya being continually subjected
to physical and psychological abuse at the hands of Get Ready’s employee and mother of Aniya,
Defendant Day, and her boyfriend, Defendant Lewis.
185. The Ohio Department of Job and Family Services found that Defendant Harbor
Crest violated OAC 5101:2-12-16(F)(3) & (G)(1) by failing to report a serious incident, injury,
or illness of a child.
35

Crest violated OAC 5101:2-12-10(A)(2) in that all staff members had not completed the one-
hour mandatory training on child abuse overview.
Crest violated OAC 5101:2-12-19(D) by failing to notify the public children services agency of
suspected child abuse or neglect.
188. Defendant Harbor Crest’s violations of these provisions and the failure of its
employees, agents, or representatives, including but not limited to Alesia Love, Tamika
Robinson, and/or John Does 5-10, to report known or suspected child abuse in violation of their
statutory obligations resulted in Aniya being continually subjected to physical and psychological
abuse at the hands of Defendant Day and Defendant Lewis.
189. The reckless actions and inactions of Discovery-Defendant Cuyahoga County, by
and through CCDCFS, Discovery-Defendant Cuyahoga County Executive, and Defendants
Chelsy Lilly, Elizabeth Grizer, Tawana James, Lorra Greene, Laura Cole, Lorianne Delsignore,
Therese Harper, and John/Jane Does 1-5, and the reckless and grossly negligent actions and
inactions of Harbor Crest, Alesia Love, Tamika Robinson, John/Jane Does 5-10, Get Ready,
Larry Osayamwen, Althea Cavor, Tracey Justice, Kevin Hicks, and John/Jane Does 10-15, led to
the preventable and tragic death of Aniya Day Garrett at the hands of Defendant Day and
Defendant Lewis.
FIRST CAUSE OF ACTION: PETITION FOR DISCOVERY AGAINST DEFENDANTS

CUYAHOGA COUNTY AND CUYAHOGA COUNTY EXECUTIVE (“County Defendants”)
36

191. At all times relevant hereto, and pursuant to R.C. 2151 et seq, and OAC 5101:2 et
seq., Discovery-Defendants Cuyahoga County and Cuyahoga County Executive, through
CCDCFS, (hereinafter, at times “County Defendants”), by and through its employees, agents,
and/or representatives, were required to comply with rules and regulations pertaining to the
processing, investigation, handling, and reporting of child abuse and neglect.
192. County Defendants, by and through its employees, agents, and/or representatives,
including but not limited to Defendants Chelsy Lilly, Elizabeth Grizer, Tawana James, Lorra
Greene, Laura Cole, Lorianne Delsignore, Therese Harper, and John/Jane Does 1-5, owed Aniya
Day Garrett a statutory duty and/or a common law duty to properly process, investigate, handle,
and report the allegations of physical abuse committed against Aniya by Defendant Day and
Defendant Lewis.
193. County Defendants, by and through its employees, agents, and/or representatives,
including but not limited to Defendants Chelsy Lilly, Elizabeth Grizer, Tawana James, Lorra
Greene, Laura Cole, Lorianne Delsignore, Therese Harper, and John/Jane Does 1-5, failed to
properly process, investigate, handle, and report the child abuse and neglect of Aniya Day
Garrett, as evidenced by the following actions and inactions:
a. Between February 14, 2017 through March 11, 2018, Defendants misclassified
reports of physical abuse, such that proper procedures were not followed
regarding face to face interviews, safety risk assessments, and the appropriate
measures to ensure the safety of Aniya;
b. Between February 14, 2017 and March 11, 2018, Defendants failed to perform
comprehensive safety risk assessments for both Aniya and Defendant Day,
despite multiple reports of physical abuse;
c. Between February 14, 2017 and March 11, 2018, Defendants failed to notify
Mickhal Garrett regarding the reports of abuse involving Aniya;
d. Between February 14, 2017 and March 11, 2018, Defendants ignored a
documented history of physical abuse spanning back to September of 2015;
e. Between February 14, 2017 and March 11, 2018, Defendants ignored explicit
complaints from Aniya that her mother was physically abusing her;
37

f. Between February 14, 2017 and March 11, 2018, Defendants failed to conduct
appropriate interviews of collateral sources, and when such interviews were
conducted, Defendants ignored information provided from collateral sources that
they had “grave concerns” about Aniya’s safety;
g. Between February 14, 2017 and March 11, 2018, Defendants failed to follow up
with referral agencies to ensure Defendant Day was utilizing appropriate services;
h. Between February 14, 2017 and March 11, 2018, Defendants failed to respond to
Euclid Community Collaborative’s request for contact information for Defendant
Day to ensure that appropriate services were being utilized by Defendant Day;
i. Between February 14, 2017 and March 11, 2018, Defendants screened out reports
of physical abuse as duplicate reports when the reports provided new and
additional information about Aniya;
j. After receiving a report of physical abuse of Aniya on March 6, 2018, Defendants

permitted Defendant Day to preclude anyone from interviewing or contacting
Aniya, despite reports from collateral sources that Defendant Day was hiding
Aniya until the bruises healed;
k. Between February 14, 2017 and March 11, 2018, Defendants failed to investigate,
and/or actively ignored signs of physical abuse and trauma, thereby permitting
Defendant Day and Defendant Lewis continued contact with Aniya, ultimately
resulting in her untimely death;
l. Between February 14, 2017 and March 11, 2018, Defendants repeatedly closed
cases of reported and substantiated physical abuse without a proper and thorough
assessment and investigation;
m. Between February 14, 2017 and March 11, 2018, Defendants failed to remove
Aniya from a violent and dangerous environment, despite explicit concerns
voiced by family members, doctors, hospital social workers, police, and daycare
workers, thereby subjecting Aniya to further physical abuse and torture at the
hands of Defendants Day and Lewis; and
n. Between February 14, 2017 and March 11, 2018, Defendants failed to protect
Aniya from Defendant Day and Defendant Lewis, when Defendants knew or
should have known that Defendant Day and Defendant Lewis posed a substantial
threat to the health, safety, and well-being of Aniya.
o. County Defendants failed to properly train and supervise its employees, agents,
and/or representatives on the proper processing, investigating, and handling of
reports of child abuse and neglect.
194. It is anticipated County Defendants will assert their right to immunity under Ohio
Revised Code section 2744 et. seq.
38

195. Accordingly, this matter must proceed against the employees, agents, and/or
representatives of the County Defendants involved in the processing of reports regarding Aniya
Day Garrett and the investigation, or lack thereof, into those reports.
196. As set forth herein, the employees, agents, and/or representatives of the County
Defendants, including but not limited to Defendants Chelsy Lilly, Elizabeth Grizer, Tawana
James, Lorra Greene, Laura Cole, Lorianne Delsignore, Therese Harper, and John/Jane Does 1-5,
were reckless and wanton in the manner in which they processed, investigated, handled, and
reported the child abuse and neglect of Aniya Day Garrett.
197. Pursuant to Ohio Revised Code section 2744.07, even if the County Defendants
are not made parties to this action, County Defendants are required to indemnify its employees,
agents, and/or representatives for their reckless and wanton acts in relation to the manner in
which the employees processed, investigated, handled, and reported the child abuse and neglect
of Aniya Day Garrett.
198. County Defendants are in sole possession of information pertaining to the
identities and potential liability of its employees, agents, and/or representatives, including but not
limited to Defendants Chelsy Lilly, Elizabeth Grizer, Tawana James, Lorra Greene, Laura Cole,
Lorianne Delsignore, Therese Harper, and John/Jane Does 1-5.
199. On January 4, 2019, Plaintiff requested that Plaintiff be permitted to inspect or
County Defendants produce all materials in their possession pertaining to the processing,
handling, investigating, or reporting of child abuse and neglect of Aniya Day Garrett. (See
Exhibit 1).
39

200. After hearing nothing from the County Defendants for over a month, Plaintiff
again requested access to materials relating to its handling of reports of abuse and neglect
regarding Aniya Day Garrett. (See Exhibit 2).
201. On March 19, 2019, County Defendants declined to produce the requested
materials. (See Exhibit 3).
202. As County Defendants cannot be made parties to this action and have refused to
voluntarily provide materials identifying all employees, agents and/or representatives involved in
the processing, investigating, handling, and reporting the child abuse and neglect of Aniya Day
Garrett, Plaintiff is required to file the instant Petition for Discovery.
203. To that end, Plaintiff requires the production of or be permitted to inspect the
following items:
a. All materials relating to the processing, investigating, handling, and reporting of

the child abuse and neglect of Aniya Day Garrett, including but not limited to call
logs from the Report Hotline, intake logs, activity logs, correspondence, case
summary notes, handwritten or electronic notes from CCDCFS employees,
agents, and/or representatives, referrals, and/or reports, and any document
identifying the employees, agents, and/or representatives involved in any aspect
of processing, handling, and investigating reports of child abuse and neglect
relating to Aniya Day Garrett.
b. Any and all findings or reports regarding Aniya Day Garrett’s death, including
but not limited to any report or recommendations issued by the Cuyahoga County
Child Fatality Review Board, or any other agent or entity authorized by the
County Defendants for purposes of reviewing Aniya Day Garrett’s death.
c. Any and all findings or reports issued by the Ohio Department of Jobs and Family
Services as part of their investigation into Aniya Day Garrett’s death.
204. Plaintiff requests an order from this Court authorizing Plaintiff to obtain the
requested discovery from County Defendants.
40

SECOND CAUSE OF ACTION: WRONGFUL DEATH BY RECKLESS AND WANTON ACT OR
OMISSIONS AGAINST DEFENDANTS CHELSY LILLY, ELIZABETH GRIZER, TAWANA
JAMES, LORRA GREENE, LAURA COLE, LORIANNE DELSIGNORE, THERESE HARPER,
AND JOHN/JANE DOES 1‐5 (COUNTY EMPLOYEE DEFENDANTS)
206. At all relevant times hereto, Defendants Chelsy Lilly, Elizabeth Grizer, Tawana
James, Lorra Greene, Laura Cole, Lorianne Delsignore, Therese Harper, and John/Jane Does 1-5
(hereinafter, collectively, “County Employee Defendants”), were employed by Discovery
Defendant Cuyahoga County Executive and/or Discovery Defendant Cuyahoga County, through
CCDCFS.
207. As part of their duties of employment, and as social workers, County Employee
Defendants, were charged with processing, investigating, handling, and reporting of child abuse
and neglect.
208. County Employee Defendants had a statutory duty to process, investigate, handle,
and report child abuse and neglect in accordance with R.C. 2151.421 et seq. and OAC 5101:2 et
seq.
209. County Employee Defendants had a common law duty to properly process,
investigate, handle, and report child abuse and neglect.
210. Between February 14, 2017 and March 11, 2018, County Employee Defendants
breached their statutory and common law duties by the following acts and omissions:
a. Defendants misclassified reports of physical abuse, such that proper procedures

were not followed regarding face to face interviews, safety risk assessments, and
the appropriate measures to ensure the safety of Aniya;
b. Defendants failed to perform comprehensive safety risk assessments for both

Aniya and Defendant Day, despite multiple reports of physical abuse;
c. Defendants failed to notify Mickhal Garrett regarding the reports of abuse

involving Aniya;
41

d. Defendants ignored a documented history of physical abuse spanning back to
September of 2015;
e. Defendants ignored explicit complaints from Aniya that her mother was
physically abusing her;
f. Defendants failed to conduct appropriate interviews of collateral sources, and

when such interviews were conducted, Defendants ignored information provided
from collateral sources that they had “grave concerns” about Aniya’s safety;
g. Defendants failed to follow up with referral agencies to ensure Defendant Day

was utilizing appropriate services;
h. Defendants failed to respond to Euclid Community Collaborative’s request for

contact information for Defendant Day to ensure that appropriate services were
being utilized by Defendant Day;
i. Defendants screened out reports of physical abuse as duplicate reports when the
reports provided new and additional information about Aniya;
j. After receiving a report of physical abuse of Aniya on March 6, 2018, Defendants

permitted Defendant Day to preclude anyone from interviewing or contacting
Aniya, despite reports from collateral sources that Defendant Day was hiding
Aniya until the bruises healed;
k. Defendants failed to investigate, and/or actively ignored signs of physical abuse

and trauma, thereby permitting Defendant Day and Defendant Lewis continued
contact with Aniya, ultimately resulting in her untimely death;
l. Defendants repeatedly closed cases of reported and substantiated physical abuse

without a proper and thorough assessment and investigation;
m. Defendants failed to remove Aniya from a violent and dangerous environment,

despite explicit concerns voiced by family members, doctors, hospital social
workers, police, and daycare workers, thereby subjecting Aniya to further
physical abuse and torture at the hands of Defendants Day and Lewis; and
n. Defendants failed to protect Aniya from Defendant Day and Defendant Lewis,
when Defendants knew or should have known that Defendant Day and Defendant
Lewis posed a substantial threat to the health, safety, and well-being of Aniya.
211. The actions and inactions of County Employee Defendants violated R.C. 2151 et
seq., and OAC 5101:2 et seq., along with County Employee Defendants’ common law duty.
212. The actions and inactions of County Employee Defendants breached the
reasonable standard of care for an employee, agent, or representative of a child protection
agency.
42

213. The actions and inactions of County Employee Defendants were conducted in a
reckless and wanton manner.
214. As a direct and proximate result of one or more of the actions and/or omissions as
set forth in the preceding paragraphs, Aniya Day Garrett sustained injuries, including conscious
pain and suffering, resulting in her death on March 11, 2018.
215. Plaintiff, on behalf of the next of kin and/or beneficiaries of the Decedent Aniya
Day Garrett, have suffered loss of Aniya’s society, services, support and those items specified in
Ohio Revised Code section 2125.02(B)(1) through (5). Further, Plaintiff asserts that the next of
kin and/or beneficiaries of the Decedent Aniya Day Garrett have experienced mental anguish as
the result of Aniya’s untimely and tragic death.
216. As a further direct and proximate result of County Employee Defendants’ reckless
and wanton conduct, Plaintiff has incurred funeral and burial expenses for which County
Employee Defendants are liable.
217. As a direct and proximate result of County Employee Defendants’ reckless and
wanton conduct, County Employee Defendants, jointly and severally, are liable to Plaintiff for
the injuries and damages set forth herein, including but not limited to economic, non-economic,
and punitive damages.
THIRD CAUSE OF ACTION: WRONGFUL DEATH BY NEGLIGENCE, AND/OR RECKLESS,

WILLFUL AND WANTON ACT OR OMISSIONS AGAINST DEFENDANTS SIERRA REBECCA
DAY AND DEONTE LEWIS
219. At all relevant times hereto, Defendant Sierra Rebecca Day was the custodial and
biological parent of Aniya.
43

220. At all relevant times hereto, Defendant Deonte Lewis was the residential
boyfriend of Defendant Sierra Rebecca Day.
221. Defendants, as caretakers for Aniya, had a common law duty to care for Aniya
and protect her from physical harm.
222. Instead, Defendants subjected Aniya to extreme abuse and torture, including but
not limited to acts of physical abuse and starvation.
223. The acts of physical abuse and starvation were so extreme, and conducted in a
negligent, reckless, willful, and/or wanton manner, that they caused the untimely and tragic death
of Aniya on March 11, 2018.
225. As a further direct and proximate result of Defendants’ negligent and/or reckless
conduct, Plaintiff has incurred funeral and burial expenses for which Defendants are liable.
226. As a direct and proximate result of Defendants’ negligent and/or reckless, willful,
and/or wanton conduct, Defendants, jointly and severally, are liable to Plaintiff for the injuries
and damages set forth herein, including but not limited to economic, non-economic, and punitive
damages.
44

FOURTH CAUSE OF ACTION: WRONGFUL DEATH BY NEGLIGENCE, AND/OR
RECKLESS, WILLFUL AND WANTON ACT OR OMISSIONS AGAINST DEFENDANT
HARBOR CREST CHILDCARE ACADEMY
228. At all relevant times hereto, Defendant Harbor Crest was a child care provider.
229. At all relevant times hereto, Plaintiff’s Decedent was a child in the care and
custody of Defendant Harbor Crest.
230. Defendant Harbor Crest, as a child care provider, has a statutory duty under OAC
5101:2 et. seq., to report any suspicion that a child has been abused or neglected and to properly
train its employees on child abuse prevention.
231. Between September of 2015 and May of 2017, Defendant Harbor Crest, by and
through its employees, including but not limited to Alesia Love, Tamika Robinson, and
John/Jane Does 10-15, documented several instances in which it was suspected that Aniya had
been abused, including but not limited to the following reports:
most of the day.
that mom did it.
hit me.
45

232. Defendant Harbor Crest had a statutory obligation to report each instance of
suspected abuse to the child protection agency.
233. Defendant Harbor Crest failed to report each instance of suspected abuse to the
child protection agency.
234. Ohio Department of Jobs and Family Services investigated Defendant Harbor
Crest in relation to the failure of Defendant Harbor Crest to report these instances of abuse.
235. On March 23, 2018, the Ohio Department of Jobs and Family Services
determined that Defendant Harbor Crest violated its statutory obligation to report suspicions of
child abuse as it pertains to Aniya and failed to properly train its employees on child abuse
prevention.
236. Ohio Department of Jobs and Family Services has undertaken to suspend the
daycare license of Defendant Harbor Crest.
237. The actions and inactions of Defendants violated OAC 5101:2 et seq.
238. The actions and inactions of Defendants breached the reasonable standard of care
for a child care provider and its employees, representatives, and/or agents.
239. The actions and inactions of Defendants were negligent, and/or reckless, willful,
and wanton.
46

240. Defendants are directly liable for its own breach of the reasonable standard of
care.
241. Defendants are vicariously liable, under the doctrine of respondeat superior, for
the breach of the reasonable standard of care by its employees, agents, and/or representatives,
including but not limited to Alesia Love, Tamika Robinson, and John/Jane Does 10 through 15.
damages.
FIFTH CAUSE OF ACTION: WRONGFUL DEATH BY NEGLIGENCE, AND/OR RECKLESS,

WILLFUL, AND WANTON ACTS OR OMISSIONS AGAINST DEFENDANT ALESIA LOVE,
TAMIKA ROBINSON, AND JOHN/JANE DOES 10‐15
47

247. At all relevant times hereto, Defendants Alesia Love, Tamika Robinson, and
John/Jane Does 10-15 were employees, agents, and/or representatives of Defendant Harbor
Crest.
248. Defendants had a statutory obligation under OAC 5101:2 et seq. to report
suspicions of child abuse and neglect to the child protection agency.
249. Between September of 2015 and May of 2017, Defendants documented the
following instances of suspected child abuse perpetrated against Aniya:
most of the day.
that mom did it.
hit me.
48

250. Despite suspicions that Aniya was being abused, Defendants failed to report these
suspicions to the child protection agency.
for an employee, agent, and/or representative of a child care provider.
and wanton.
care.
conduct, Plaintiff incurred funeral and burial expenses for which Defendants are liable.
damages.
49

SIXTH CAUSE OF ACTION: WRONGFUL DEATH BY NEGLIGENCE, AND/OR RECKLESS,
WILLFUL AND WANTON ACT OR OMISSIONS AGAINST DEFENDANT GET READY, SET
GROW CHILDCARE CENTER
260. At all relevant times hereto, Defendant Get Ready was a child care provider.
261. At all relevant times hereto, Plaintiff’s Decedent was a child in the care and
custody of Defendant Get Ready.
262. Defendant Get Ready, as a child care provider, has a statutory duty under OAC
5101:2 et. seq., to report any suspicion that a child has been abused or neglected and to properly
train its employees on child abuse prevention.
263. Employees, agents, and/or representatives of Defendant Get Ready, including but
not limited to Larry Osayamwen, Althea Cavor, Tracey Justice, Kevin Hicks, and John/Jane
Does 5-10, knew or should have known that Aniya was being abused.
264. Despite this knowledge, Defendant Get Ready, by and through its employees,
agents, and/or representatives, including but not limited to Larry Osayamwen, Althea Cavor,
Tracey Justice, Kevin Hicks, and John/Jane Does 5-10, failed to report their suspicions that
Aniya was being abused to the Ohio Department of Jobs and Family Services.
265. Ohio Department of Jobs and Family Services investigated Defendant Get Ready
in relation to the failure of Defendant Get Ready to report suspicions of child abuse relating to
Aniya.
266. On March 26, 2018, Ohio Department of Jobs and Family Services found that
Defendants violated OAC 5101:2-12-19 by failing to report suspicions that Aniya was being
abused and by failing to properly train its employees of child abuse prevention.
50

267. Ohio Department of Jobs and Family Services has undertaken to suspend the
daycare license of Defendant Get Ready.
for a child care provider and its employees, representatives, and/or agents.
and wanton.
care.
272. Defendants are vicariously liable, under the doctrine of respondeat superior, for
the breach of the reasonable standard of care by its employees, agents, and/or representatives,
including but not limited to Larry Osayamwen, Althea Cavor, Tracey Justice, Kevin Hicks, and
John/Jane Does 5-10.
51

damages.
SEVENTH CAUSE OF ACTION: WRONGFUL DEATH BY NEGLIGENCE, AND/OR

RECKLESS, WILLFUL AND WANTON ACT OR OMISSIONS AGAINST DEFENDANTS
LARRY OSAYAMWEN, ALTHEA CAVOR, TRACEY JUSTICE, KEVIN HICKS, AND
JOHN/JANE DOES 5‐10
278. At all relevant times hereto, Defendants Larry Osayamwen, Althea Cavor, Tracey
Justice, Kevin Hicks, and John/Jane Does 5-10 were employees, agents, and/or representatives of
Defendant Get Ready.
279. Defendants had a statutory obligation under OAC 5101:2 et seq. to report
suspicions of child abuse and neglect to the child protection agency.
280. At all relevant times hereto, Defendants suspected Aniya was being abused.
281. Despite suspicions that Aniya was being abused, Defendants failed to report these
suspicions to the child protection agency.
for an employee, agent, and/or representative of a child care provider.
and wanton.
care.
52

damages.
EIGHTH CAUSE OF ACTION – SURVIVAL ACTION OF ALL COUNTS AGAINST ALL

DEFENDANTS
291. Prior to her death, Decedent Aniya Garrett endured great pain and suffering as a
direct and proximate result of Defendants’ negligent, reckless, willful, and/or wanton acts and
omissions and pursuant to Ohio Revised Code section 2305.21, this cause of action, by reason of
such pain and suffering has survived her death.
WHEREFORE, Plaintiff Mickhal Garrett, as Administrator of the Estate of Aniya Day
Garrett, deceased, prays for judgment against each Defendant, jointly and severally, in an
53

amount in excess of $25,000 in compensatory damages on each cause of action in this
Complaint, as well as any and all other appropriate relief, including attorney’s fees and litigation
expenses, the costs of this action, pre and post judgment interest, punitive damages, and any
other legal, equitable, injunctive or declaratory relief that may be just and appropriate.
Plaintiff demands a TRIAL BY JURY.
By
PAUL GRIECO (0064729)
HANNAH KLANG (0090470)
LANDSKRONER GRIECO MERRIMAN, LLC
1360 West 9th Street, Suite 200
Cleveland, OH 44113
(216) 522-9000
(216) 522-9007 Fax
Paul@lgmlegal.com
Hannah@lgmlegal.com
Attorneys for Mickhal Garrett, Individually and

as Administrator of Aniya Day Garrett
54

EXHIBIT 1
EXHIBIT 2
EXHIBIT 3

From: Elizabeth Lindberg [mailto:elindberg@cuyahogacounty.us]
Sent: Tuesday, March 19, 2019 3:39 PM
To: Paul Grieco <Paul@lgmlegal.com>
Cc: Tyra L. Taylor <TTaylor2@cuyahogacounty.us>
Subject: CCDCFS Information Request

Dear Mr. Grieco and Ms. Klang,

My name is Elizabeth Lindberg, and I am an Assistant Law Director with the Cuyahoga County Law
Department representing the Cuyahoga County Division of Children and Family Services. I am in
receipt of your letters to Director Weiskittel, dated January 4, 2019 and February 15, 2019,
regarding information sought on behalf of your client Mickhal Garrett. Your file number for this
matter is 203548.

I am writing to inform you that we are not at this time releasing information regarding Mr. Garrett’s
child pursuant to pertinent Ohio Administrative and Revised Code Sections, as well as a denial of said
release by the Cuyahoga County Prosecutor’s Office.

Once I have an update on this matter, I will be in contact with you.

If you have any questions, please feel free to contact me at your convenience.

Thank you,

Elizabeth Lindberg
Assistant Law Director
Cuyahoga County Law Department
2709 East Ninth Street
(216) 881-4764
elindberg@cuyahogacounty.us

Any information and/or file(s) transmitted with it are the property of the County of Cuyahoga,
Ohio and are intended solely for the use of the individual or entity to whom this is addressed.
If you are not one of the named recipient(s) or otherwise have reason to believe that you have
received this information error, please notify the sender and delete this immediately from your
desktop or mobile electronic device. Any other use, retention, dissemination, forwarding,
printing or copying of this information and/or attached file(s) is strictly prohibited.

Aniya Day-Garrett Wrongful Death Lawsuit

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Aniya Day-Garrett Wrongful Death Lawsuit

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IN THE COURT OF COMMON PLEAS

CUYAHOGA COUNTY, OHIO

MICKHAL GARRETT, INDIVIDUALLY

and Jury Demand Endorsed Hereon

CUYAHOGA COUNTY EXECUTIVE

SIERRA REBECCA DAY

GET, READY, SET GROW PRESCHOOL,

JOHN/JANE DOES 5 THROUGH 10

THE LOVE BANK CO.

JOHN/JANE DOES 10 THROUGH 15

1. This wrongful death and survivorship action is brought by Plaintiff Mickhal

Garrett, individually and as Administrator of the Estate of Aniya Day Garrett.

2. Four-year-old Aniya Day Garrett was severely physically and psychologically

Lewis, which ultimately led to her untimely and tragic death.

Discovery-Defendant Cuyahoga County’s Division of Children and Family Services (CCDCFS),

Grow Preschool, LLC (“Get Ready”).

several anonymous reporters.

5. The reports were miscategorized and summarily closed without proper

document the reports of abuse and neglect.

7. An investigation by Ohio Department of Job and Family Services concluded that

Instead, CCDCFS recklessly referred Defendant Day to community resources without a

comprehensive assessment as to the propriety of those services, conducted absolutely no follow-

contact with Aniya and Defendant Day.

brutalized and tortured.

substantially likely to result.

mom hit her.

abuse at the hands of Defendant Day and Defendant Lewis.

caused by blunt force impacts to the head with subdural hematoma.

(29) pounds on the date of her death.

through its employees, agents, and/or representatives, did nothing.

brutal, excruciating, and avoidable death.

kin of the decedent.

Defendant Deonte Lewis.

Cuyahoga, and State of Ohio.

25. Defendant Deonte Lewis is currently an inmate incarcerated at the Lorain

Cuyahoga, and State of Ohio.

26. Discovery-Defendant Cuyahoga County is a unit of local government organized

services agency charged by Discovery-Defendant Cuyahoga County Executive with

family services for needy and at-risk families.

by Discovery-Defendant Cuyahoga County in CCDCFS, operating in the course and scope of

anyone else involved in the neglect and abuse of Aniya.

filing of the within action.

neglect relating to Aniya.

and cannot be discovered by Plaintiff prior to filing of the within action.

JURISDICTION AND VENUE

Discovery-Defendants are residents of Cuyahoga County, and/or Defendants’ and Discovery-

Ohio Civil Rule 34(D).

GENERAL FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

paragraphs as if fully restated herein.

Day and Mickhal Garrett.

until Aniya’s death on March 11, 2018.

employment, Defendant Get Ready.

all access to Aniya.

between February 14, 2017 and March 6, 2011.2

abuse and neglect.

agents and/or employees.

low risk, or no service needs (“screened out”).

55. The investigation is supposed to include an assessment of safety and family

timelines as outlined in Ohio Administrative Code 5101 et. seq.

whether there is a need for services.

offender registry, and a public record check on the non-custodial parent.

in the home, a placement decision is made by CCDCFS employees, agents, and/or

any case plans to ensure the safety of the child.

62. On-going evaluation by CCDCFS employees, agents, and/or representatives is

into the safety and welfare of the child.

64. CCDCFS employees, agents, and/or representatives failed to follow CCDCFS