Family Files Wrongful Death Lawsuit Against Illinois DOC After Death of Inmate
A family alleges that failures by Illinois prison officials and a private health care provider contributed to the death of a 51-year-old man in custody.
The family of a man who died while in custody has filed a wrongful death lawsuit against the Illinois Department of Corrections (IDOC), a private prison health care provider, and individual employees. According to the lawsuit, the 51-year-old man was requesting medical attention for his condition before his death, and the family alleges that prison officials and health care personnel failed to respond appropriately.
The lawsuit was filed by the decedent’s wife and names Wexford Health Sources, Inc., the private health care provider for IDOC, along with individual employees of both IDOC and Wexford. The complaint asserts eight counts and alleges constitutional, disability-rights, and wrongful death claims.
Quick Answer:
The lawsuit alleges that inadequate medical care, delayed emergency response, and the failure to accommodate the man’s asthma contributed to his death while he was incarcerated. The allegations include deliberate indifference to serious medical needs under the Eighth Amendment, disability discrimination claims, and wrongful death claims against the defendants.
What Happened to the Illinois Prisoner?
The decedent was incarcerated at Stateville Correctional Center and died on June 19. According to an autopsy report from the Will County Coroner’s Office, his cause of death was bronchial asthma, with hypertensive cardiovascular disease and heat stress identified as significant contributing conditions.
According to the lawsuit, the man’s asthma was severe and he repeatedly sought medical assistance. The complaint alleges that staff delayed responding to his requests for help and that the response to his medical emergency was inadequate.
He Began Struggling to Breathe
According to the lawsuit, the decedent began experiencing serious breathing problems while inside his cell and called for help.
The Lawsuit Alleges Delayed Medical Response
The complaint alleges that correctional staff and medical personnel did not respond promptly and that there were delays in obtaining emergency medical assistance and necessary equipment.
Emergency Care Was Eventually Provided
According to the lawsuit, emergency personnel were eventually called, but nearly an hour passed from the decedent’s first request for help to his transport to a hospital.
He Died Shortly After Hospital Arrival
The lawsuit states that the decedent was transported by ambulance to St. Joseph’s Hospital and was declared dead soon after arriving.
What the Wrongful Death Lawsuit Alleges
According to WTTW’s reporting, the lawsuit alleges multiple Eighth Amendment violations, including deliberate indifference to the decedent’s medical needs and a failure to intervene to prevent violations of his constitutional rights. The complaint also alleges that his injuries, pain, emotional distress, and death were proximately caused by policies and practices attributed to Wexford Health Sources.
Wexford did not respond to WTTW’s request for comment. IDOC said it takes its responsibility to support the well-being of people in custody seriously but could not comment further because of the pending litigation.
Important:
These allegations come from a civil lawsuit and have not necessarily been proven in court. Liability in a wrongful death or constitutional claim depends on the evidence and applicable law.
Allegations Against the Private Prison Health Care Provider
The lawsuit takes aim at Wexford Health Sources for allegedly providing inadequate medical care to incarcerated individuals through policies or widespread practices within IDOC facilities.
According to the complaint, the alleged practices included:
Failure to Respond or Follow Up
The plaintiffs allege that medical complaints were not consistently addressed or followed up on appropriately.
Delays in Obtaining Medical Equipment
The complaint alleges delays in responding to emerging medical situations and obtaining equipment necessary to treat patients.
Inadequate Diagnosis or Treatment
The plaintiffs allege failures to adequately diagnose and treat medical conditions experienced by incarcerated patients.
Delays in Emergency Medical Services
The lawsuit alleges delays in contacting emergency medical services when immediate treatment was needed.
The complaint alleges that these policies and practices were allowed to continue because Wexford directed health care services within IDOC and allegedly encouraged or tolerated the type of conduct described in the lawsuit.
The Alleged Failure to Accommodate the Decedent’s Asthma
The lawsuit also alleges violations of the Americans with Disabilities Act and the Rehabilitation Act. According to the complaint, the man’s asthma was severe enough that he requested a special medical order known as a “low-gallery permit” so he could be assigned to a lower floor within the cell house.
The lawsuit alleges that IDOC denied the request and instead assigned him to a cell on the fifth floor, which the complaint described as the “highest and hottest gallery” in the housing unit, despite allegedly available cells on lower floors.
Severe Asthma
The complaint alleges that the decedent’s asthma was serious enough to require special housing accommodations.
A Lower-Floor Assignment Was Requested
According to the lawsuit, he requested a low-gallery permit to avoid being housed on a higher floor where heat and other conditions could worsen his breathing problems.
The Request Was Allegedly Denied
The lawsuit alleges that IDOC denied the request and assigned him to a fifth-floor cell despite allegedly available cells on lower floors.
Heat Conditions Were Also Alleged to Be a Factor
WTTW reported that the days before the man’s death were among the hottest days of June and that the heat index in nearby Joliet reached approximately 100 degrees on June 17. According to information provided to WTTW, the housing unit did not have air conditioning, and ventilation around the cells was limited.
The lawsuit alleges that these conditions were particularly dangerous for a person suffering from severe asthma. It further alleges that the nurse who eventually responded did not initially bring the appropriate medical equipment and administered naloxone even though people at the scene were telling her that the man had asthma.
Why These Allegations Matter
In a serious medical negligence or constitutional claim, evidence about the person’s medical history, requests for treatment, staff response times, medical equipment, housing conditions, emergency records, and policies governing care may all become important.
What Is Deliberate Indifference to a Prisoner’s Medical Needs?
The Eighth Amendment prohibits cruel and unusual punishment. In civil rights cases involving medical care, an incarcerated person may allege deliberate indifference when officials or medical personnel knowingly disregard a serious medical need. The legal standard is more demanding than simply showing that medical care was imperfect or that someone was negligent.
The allegations in this lawsuit go beyond a simple claim of an incorrect medical decision. The complaint alleges that staff were aware of the man’s serious condition, that he repeatedly requested help, and that there were significant delays in providing appropriate emergency treatment.
Whether those allegations ultimately establish a constitutional violation is a question for the court based on the evidence and applicable law.
Investigating a Wrongful Death in Custody
Cases involving deaths in correctional facilities can require extensive investigation because multiple entities may be involved in the person’s care and custody. Medical records, correctional records, staffing information, emergency response records, surveillance footage, communications, policies, and witness statements can all become important evidence.
Medical Records
Medical records can help establish the person’s diagnoses, treatment history, medications, complaints, and medical needs.
Emergency Response Records
911 recordings, emergency response reports, call logs, and transport records may help establish how quickly staff responded.
Housing and Facility Conditions
Temperature, ventilation, housing assignments, equipment availability, and other facility conditions may be relevant when a health condition is affected by the environment.
Policies and Training
Internal policies, training materials, staffing information, and prior complaints may help determine whether broader practices contributed to the alleged failure in care.
The State’s Responsibility Toward People in Custody
People incarcerated in Illinois remain dependent on correctional institutions for access to medical care and other basic necessities. When a person in custody suffers a serious medical emergency, questions may arise concerning the adequacy and timeliness of the response.
The legal theories available in a particular case depend on who is being sued, the nature of the conduct alleged, and the applicable state and federal law. Claims involving public entities and employees can also be affected by governmental immunity statutes and constitutional doctrines, making these cases particularly fact-specific.
In Illinois, for example, the Local Governmental and Governmental Employees Tort Immunity Act contains specific provisions concerning medical care for prisoners. That means an attorney should carefully evaluate the legal theory and applicable immunity provisions before assuming that a conventional negligence claim applies.
Why Wrongful Death Cases in Custody Can Be Complex
A death in custody may involve multiple potential defendants and multiple legal theories at the same time. A case may involve allegations concerning medical treatment, constitutional rights, disability accommodations, facility conditions, staffing, supervision, or emergency response.
That complexity makes a prompt investigation particularly important. Families may need to identify all potentially responsible parties, preserve records, determine the appropriate legal claims, and evaluate any deadlines or immunity provisions that apply.
A Prompt Investigation Matters
Evidence concerning medical care, emergency response, facility conditions, and institutional policies can be difficult to obtain and preserve without a timely investigation.
Talk to a Urbana, IL Wrongful Death Attorney Today
Patel Law, PC represents the interests of grieving family members pursuing wrongful death claims against potentially negligent or otherwise responsible parties. If you believe a loved one died because of inadequate medical care, neglect, or other wrongful conduct while in custody, call our Urbana personal injury lawyers today to schedule a consultation so we can begin investigating your case right away.
Call Patel Law, PC
Learn More About Patel Law, PC
Source
WTTW News: Family Files Wrongful Death Lawsuit After Michael Broadway Dies in IDOC Custody
