was arrested on or about June 13, 1996 and committed to the custody of the Kennebec County Jail. During her intake interview, conducted by Gustafson, Plaintiff stated that she was pregnant.
On the evening of June 14, 1996, Plaintiff experienced vaginal bleeding while in custody and complained to Sprowl that she was having a miscarriage. Sprowl was a nurse employed by ARCH, an organization acting as an agent of Kennebec County for the provision of medical services to jail inmates. Plaintiff told Sprowl that she knew she was having a miscarriage because she had suffered one in 1991.
Sprowl took Plaintiff's pulse and told her that her pulse rate indicated she was menstruating, not having a miscarriage. Sprowl refused Plaintiff's request for sanitary pads and ordered her to lie down.Though Plaintiff initially complied with Sprowl's order, she was unable to remain *65 lying down because it made her feel worse. Sprowl informed Plaintiff that she would be transferred to another cell because she refused to follow Sprowl's order to lie down. Plaintiff continued to complain of severe pain.
Some time later, Gustafson moved Plaintiff to a small cell on another floor, following which she had no further contact with Sprowl. At approximately 2 A.M. on the morning of June 15, 1996, Plaintiff had a miscarriage in her cell.
Plaintiff filed notice of suit pursuant to the Maine Tort Claims Act, Me.Rev.Stat. Ann. tit. 14, § 8101-8118 ("MTCA") on December 10, 1996 and filed suit in state court on September 21, 1998. On October 7, 1998, the action was removed