Attorney General Mayes Settles Case Involving Elopement and Heat Death of a Vulnerable Adult

PHOENIX – Attorney General Kris Mayes has resolved litigation with Brookhaven on 131st Place, LLC (“Brookhaven”) and its owners, Levi and Holly Walker, over repeated non-compliance with door-alarm requirements at the assisted living home (“Brookhaven Home”) they operated.

“Elopement is a particular concern for our vulnerable adult population in Arizona – especially in the summer,” said Attorney General Mayes. “This judgment is about holding assisted living facility owners – whether large or small – accountable to the mandatory requirements that help prevent such tragic events.”

The State’s litigation followed the tragic death of Robert J. Pollmann in June 2024. Mr. Pollmann’s daughter placed him in Brookhaven Home after searching for a place that could address her father’s dementia-related wandering risk. Only a short time after moving in, Mr. Pollmann walked out the front door of the home and sadly was found dead just two days later. Before and on the day of Mr. Pollmann’s elopement, the Arizona Department of Health Services had found Brookhaven Home did not have properly functioning door alarms on all egress doors.

The State intervened in the suit filed by Mr. Pollmann’s daughter and raised violations of the Adult Protective Services Act and the Consumer Fraud Act. The State alleged Defendants’ repeated failure to ensure properly functioning door alarms led to Mr. Pollmann’s death. 

“Arizona law requires assisted living facilities to have door alarms because they are the best defense against tragedies like the one that occurred at Brookhaven,” said Attorney General Mayes. “But door alarms only work if they are properly installed and maintained, and the facility staff are properly trained. I urge all assisted living facilities in Arizona to prioritize these important safety measures, especially those providing memory care. Many dementia patients are prone to wandering, so occasional elopements are inevitable. Alarms save precious time that could mean the difference between life and death.”

The judgment, entered in Maricopa County Superior Court, requires the Walkers, who are residents of Iowa, to divest from Brookhaven. The Walkers are enjoined from engaging in any activities or investments involving the provision of care to vulnerable adults in Arizona for five years, after which they must notify the AGO of any application submitted to the Arizona Department of Health Services.

The consent judgement is available here. A copy of the first amended complaint is available here.