Plaint

USDC IN/ND case 1:17-cv-00278 document 1 filed 07/06/17 page 1 of 20
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
JASON OSWALT, as Special Administrator of )

the ESTATE OF JEREMY OSWALT, Deceased, )
)
Plaintiff, )
)
v. )
) CASE NO.: 1:17-cv-00278
SHANE REKEWEG, individually and in his )
official capacity as Sheriff of Adams County; )
JAMES MILLER, individually and in his official )
capacity as Jail Commander of the Adams County )
Jail; ADAMS COUNTY SHERIFFS )
DEPARTMENT; NICHOLAS YODER; )
LOGAN PENROD; DANIEL HUNTER; )
ANNALEIGH WELLMAN; NICHOLAS ENGLE; )
ALEX WILL; AUSTIN MCCORD; ANNIE )
HABEGGER; and KAREN DOUGLAS, )
)
Defendants. )
COMPLAINT FOR DAMAGES AND JURY DEMAND
Comes now the Plaintiff, JASON OSWALT, as Special Administrator of the ESTATE OF
JEREMY OSWALT, deceased, by counsel, Stephen M. Wagner of WAGNER REESE, LLP and
for his cause of action against the Defendants, SHANE REKEWEG, individually and in his official
capacity as Sheriff of Adams County (hereinafter Rekeweg); JAMES MILLER, individually and
in his official capacity as Jail Commander of the Adams County Jail (hereinafter Miller);
ADAMS COUNTY SHERIFFS DEPARTMENT; NICHOLAS YODER; LOGAN PENROD;
DANIEL HUNTER; ANNALEIGH WELLMAN; NICHOLAS ENGLE; ALEX WILL; AUSTIN
MCCORD; ANNIE HABEGGER and KAREN DOUGLAS, individually and in their official
capacities as jail officers at the Adams County Jail (hereinafter collectively Adams County Jail
Officers or Jail Officers), alleges and states as follows:

STATEMENT OF THE CASE
There is an epidemic in America which no one wants to talk about, much less address.
Individuals with serious mental health illnesses receive poor treatmentor no treatment at all
while detained in county jails, resulting in a downward spiral that often leads to a preventable
health crisis or even death.
County governments operate a majority of the approximately 3,000 jails in the United
States. Housed within those jails, the U.S. Department of Justice Bureau of Justice Statistics (BJS)
reports that 64% of the jail population has some type of mental health illness. 1 According to a
2009 study, 15% of male jail inmates and 31% of female jail inmates have a serious mental illness,
which includes depressive disorders, bipolar disorders, schizophrenia, delusional disorders and
psychotic disorders. 2 The cost of providing health care to detainees is significant for county jails,
representing between 9% and 30% of a jails budget. 3 Notwithstanding the challenge posed by
tight budgets, county jails have a constitutional, and moral, responsibility to provide inmates with
adequate health care, including treatment for mental health illnesses. Unfortunately, many jails
fail to meet this responsibility, leaving the most vulnerable at risk.
Jeremy Oswalt was one of those at risk. He had been diagnosed with Bipolar I disorder
with psychosis, a condition which had required numerous inpatient hospitalizations, the last of
1
Bureau of Justice Statistics, Mental Health Problems of Prison and Jail Inmates, (December 2006), available at
http://www.bjs.gov/content/pub/pdf/mhppji.pdf.
2
Henry J. Steadman and others, Prevalence of Serious Mental Illness among Jail Inmates, Psychiatric Services 60
(6) (2009):761765.
3
Phil Schaenman and others, Opportunities for Cost Savings in Corrections without Sacrificing Service Quality:
Inmate Health Care, (Washington, DC: Urban Institute, February 2013), available at
http://www.urban.org/research/publication/opportunities-cost-savings-corrections-without-sacrificing-service-
quality; Christian Henrichson, Joshua Rinaldi and Ruth Delaney, The Price of Jails: Measuring the Taxpayer Cost of
Local Incarceration, (New York: Vera Institute, May 2015), available at
http://www.vera.org/sites/default/files/resources/downloads/price-of-jails.pdf.
2
which occurred in July of 2016. Still unstable after his release from the hospital, he experienced
a psychotic episode on August 1, 2016 and suffered from the delusion that his daughter had been
kidnapped. During this episode Jeremy assaulted several individuals at a convenience store. He
was arrested and taken to the Adams County Jail. Upon intake screening, jailers noted that Jeremy,
who was 38 years old at the time, was physically healthy but had a history of mental health illness
with recent hospitalization. The Jail Officers observed Jeremys symptoms right from the start,
reporting that he was agitated and suffered from auditory and visual hallucinations. He was placed
on suicide watch on August 3, 2016. Jeremy would spend the rest of his lifealmost two
monthsin a dark, cool padded segregation cell.
Jeremys mental and physical condition quickly deteriorated to the point where he was
naked in his cell, uncommunicative, and refusing to eat, drink or take his medications. On
September 15, 2016 (two weeks before Jeremys death) a nurse contractor documented his decline
and predicted his death in a To Whom It May Concern memo. The nurse wrote:
I am writing this letter on behalf of Jeremy Oswalt[h]e has been refusing his
trays/drinks/meds off and on since [September 6, 2016]. Most recently, he has
refused any attempts at basic hygieneOver the course of the last 6 weeks I have
seen his mental capacities deteriorate from being questionable with basic needs to
denying any attempt at that. He has been in seclusion from others for this entire
time of his incarcerationHe currently has been without any antipsychotics for
about 10 days. As of my evaluation today, Mr. Oswalt is entirely unaware of his
current surroundings, time or events. He is unable to hold a basic conversation or
make informed decisions about his health and wellbeing. His speech is weak, he
has lost a significant amount of weight, and his thoughts are not intactI also feel
he has become more medically unstable due to lack of adequate nutrition, hydration
and cleanliness of his cellI feel that his mental capacity has deteriorated to the
point that he is a grave danger to himself or others.
Sheriff Rekeweg, Jail Commander Miller, and the Jail Officers ignored the nurses
warning. Instead, Jeremy spent the last two weeks of his life in a dark segregation cell, lying naked
on a cold, concrete floor. Jeremy was not eating, drinking very little, and not taking his prescribed
3
antipsychotic medications. His cell was littered with trash, feces and urine. September 16, 2016
was the last day Jeremy was taken out of his segregation cell. Jail Officers handcuffed Jeremy,
strapped him into a restraint chair while naked, put a hood over his head, and took him to the
service garage where buckets of water were dumped over him. Jeremy was then put back in the
cold, dark cell. Jeremys movements became less purposeful over the next few days. He can be
seen on jail video trembling and shivering. He never got off the floor. From the early morning
hours of September 27, 2016 until the early morning hours of September 28, 2016, a period of
nearly 24 hours, not one Jail Officer set foot in the segregation cell to check on Jeremys well-
being as he lapsed into a coma. Finally, shortly after 4 AM on September 28, 2016, a Jail Officer
entered the cell and found Jeremy face down and unresponsive. He was then transported to Adams
County Memorial Hospital where emergency personnel were unable to revive him. Significantly,
ambulance personnel and emergency personnel at the hospital applied heating pads, administered
warm IV fluids, and wrapped Jeremy with a warming blanket, but after two hours his core body
temperature still never reached a point where it could even be recorded. Hypothermia, lack of
hydration, and lack of nutrition all contributed to Jeremys tragic and unnecessary death.
Sheriff Rekeweg, Jail Commander Miller, and the Jail Officers named in this lawsuit all
watched Jeremy die a slow death. It was obvious at least two weeks before his death that Jeremy
needed to be taken to the hospital on an emergency basis. The Defendants actions and inactions
tortuously and illegally deprived Jeremy of his Constitutional rights, and subject them to liability
under both Indiana state law and 42 U.S.C. 1983 for their deliberate indifference to Jeremys
serious medical condition.
4
JURISDICTION AND VENUE
1. This is a civil rights wrongful death action brought for violations of the Fourteenth
Amendment of the Constitution of the United States of America made actionable pursuant to 42
U.S.C. 1983.
2. Jurisdiction is founded upon 28 U.S.C. 1331, 1343, and 42 U.S.C. 1983 and
1988. Plaintiff further invokes the supplemental jurisdiction of this Court to hear and decide
Plaintiffs negligence claims arising under state law pursuant to 28 U.S.C. 1367.
3. Venue is proper in this district pursuant to 28 U.S.C. 1391.
PARTIES
4. On October 13, 2016, by Order of the Adams County Circuit Court under Cause
Number 01C01-1610-EU-0063, the Plaintiff, Jason L. Oswalt, was appointed Special
Administrator of the Estate of Jeremy H. Oswalt, deceased, and in such capacity brings this cause
of action against the Defendants. Jason is the brother of the decedent, Jeremy Oswalt (hereinafter
Jeremy).
5. At all relevant times herein, Jeremy was a citizen of the United States of America,
State of Indiana, Town of Geneva, County of Adams.
6. At all relevant times herein, Defendant Rekeweg was the Sheriff of Adams County,
Indiana, and was acting under color of state law. As such, he was the commanding officer of Jail
Commander Miller and the Adams County Jail Officers and was responsible for their training,
supervision, and conduct, as more fully set out infra.
7. At all relevant times herein, Defendant Rekeweg was responsible for enforcing the
rules and regulations of the Adams County Sheriffs Department and Adams County Jail and for
5
ensuring that the Adams County Jail Officers obeyed the laws of the State of Indiana and the
United States of America. He is sued in his individual and official capacity.
8. At all relevant times herein, Defendant Miller was the Jail Commander of the
Adams County Jail and was acting under color of state law. As such, he was the commanding
officer at the Adams County Jail and in charge of its daily operations as well as the training,
supervision and conduct of the Adams County Jail Officers, as more fully set out infra.
9. At all relevant times herein, Defendant Miller was responsible for enforcing the
rules and regulations of the Adams County Jail and for ensuring that Adams County Jail Officers
obeyed the laws of the State of Indiana and the United States of America. He is sued in his
individual and official capacity.
10. At all relevant times herein, Defendant, Adams County Sheriffs Department, was
a law enforcement agency in Adams County, Indiana, which operated the Adams County Jail
formerly located at 313 South 1st Street, Decatur, Indiana.
11. Defendants, Adams County Jail Officers, were at all relevant times herein
employed by the Adams County Sheriffs Department and were assigned to work at the Adams
County Jail. Said Defendants were acting under color of state law and within the scope of their
authority and employment, and as agents for the Adams County Sheriffs Department. They are
sued in their individual and official capacities.
BACKGROUND FACTS
12. On August 1, 2016, Jeremy was arrested and charged with Attempted Robbery
Resulting in Bodily Injury, two counts of Battery Resulting in Serious Bodily Injury. After his
arrest, Jeremy was detained at the Adams County Jail.
6
13. On August 1, 2016, Defendant Jail Officer McCord interviewed Jeremy upon his
arrival at the Adams County Jail and conducted a Medical Screening. During this screening,
McCord noted the following:
(i) Jeremy was in good physical condition;
(ii) Jeremy did not appear to be under the influence of any substances;
(iii) Jeremy had hypertension; and
(iv) Jeremy had been hospitalized two weeks prior for mental health issues.
14. On August 1, 2016, Defendant Jail Officer McCord also conducted an Inmate
Suicide Screening on Jeremy. During this screening, McCord noted the following:
(i) Jeremy exhibited loud and obnoxious behavior;
(ii) Jeremy exhibited bizarre behavior which included:
a. He would not stop talking;
b. He would sporadically change the subject while speaking with no
apparent goal;
c. He repeatedly pulled on his cuffs and, in a different voice, kept repeating
the phrase, rattle the jewelry; and
(iii) Jeremy had a history of inpatient psychiatric care.
15. On August 3, 2016, Jeremy was very distraught and was yelling, screaming, and
threatening to harm himself. As a result, Jail Commander Miller decided put Jeremy on suicide
watch and transferred him into the jails only padded segregation cell.
16. After being placed in the Adams County Jails only padded cell on August 3, 2016,
Jeremy was placed on a watch whereby Jail Officers were supposed to continually monitor him
for any signs of danger or need for urgent medical attention.
7
17. On August 4, 2016, mental health clinician Nathanial W. Bryan from Park Center
(hereinafter Bryan) conducted a Jail Assessment on Jeremy. During this assessment, Bryan
noted the following:
(i) Jeremy had four psychiatric hospitalizations;
(ii) Jeremy had psychosis, was talking to himself and walls, and had verbally
threatened to kill his mother;
(iii) Jeremy had not been taking his prescribed medications;
(iv) Jeremy was experiencing hallucinations, behavioral problems, and
disorientation; and
(v) Jeremy was diagnosed with Bipolar I and had recently experienced a manic
episode with psychosis.
18. Following his assessment, Bryan recommended that Jeremy stay in padded cell
until psychiatric hospitalization could be arranged.
19. The Jails outside Nurse Contractor (hereinafter Jail Nurse) subsequently
received approval from a medical provider at Park Center, Karen Lithamer, to obtain a prescription
medication, Latuda, for Jeremy to take daily.
20. Latuda is a prescription medication which is used to treat adults with Bipolar I
disorder.
21. The Jail Nurse obtained the Latuda and delivered it to Jail Commander Miller.
22. The Jail Nurse advised Jail Commander Miller that Jeremy should be administered
the Latuda once a day.
23. On August 5, 2016, the Jail Nurse informed the Adams County Jail Officers that
they were to administer the Latuda to Jeremy once a day.
8
24. On August 5, 2016, the Jail Nurse noted that Jeremy would need to remain in his
padded cell until a bed became available at Parkview Hospital.
25. On and after August 5, 2016, the Defendant Jail Officers and Jail Commander
Miller knew that Jeremy had a well-documented history of mental illness.
Miller knew that Jeremy was at risk for both harming himself and being unable to take care of
himself.
Miller knew that Jeremy was on watch and needed to be checked on a regular basis.
28. Prior to Jeremys detention at the Jail on August 1, 2016, the Defendant Jail
Officers, Jail Commander Miller and Sheriff Rekeweg had been trained on how to recognize the
signs and symptoms of someone who needs urgent medical attention.
29. Prior to Jeremys detention at the Jail on August 1, 2016, the Defendant Jail Officers,
Jail Commander Miller and Sheriff Rekeweg had been trained on the Jail policy which defined the
following occurrences as emergencies: sudden onset of bizarre behavior, unconsciousness,
breathing difficulties, and any other health/life threatening injury.
30. On and after August 5, 2016, Jeremy displayed obvious signs of medical distress
on numerous occasions including exhibiting bizarre behavior, not taking medications, and not
eating food or drinking water.
31. On August 8, 2016, the Jail Nurse noted that Jeremy was continuing to show signs
of psychological deterioration.
32. On August 8, 2016, the Jail Nurse advised the Jail Officers and Jail Commander
Miller that Jeremy was continuing to show signs of psychological deterioration.
9
33. On August 11, 2016, a Notice of Waiver of Initial Hearing and a Motion for
Psychiatric Examination to Determine Competence to Stand Trial was filed on behalf of Jeremy
due to his extensive mental health history and worsening condition which was well-known to the
Jail Nurse, the Adams County Jail Officers, Jail Commander Miller, and Sheriff Rekeweg.
34. On August 17, 2016, the Jail Nurse noted that Jeremy was continuing to exhibit
signs his psychological illness including yelling and talking to himself.
Miller that Jeremy was continuing to exhibit signs of psychological illness including yelling and
talking to himself.
36. On August 17, 2016, Jeremy exhibited signs of psychological illness, including
yelling and talking to himself, which signs were readily apparent to the Jail Officers and Jail
Commander Miller, all of whom recognized the signs of severe psychological illness.
37. On August 19, 2016, the Jail Nurse noted that Jeremy was continuing to exhibit
signs of severe psychological illness.
Miller that Jeremy was continuing to exhibit the signs of severe psychological illness.
39. On August 19, 2016, Jeremy continued to exhibit the signs of severe psychological
illness which were readily apparent to the Jail Officers and Jail Commander Miller, all of whom
recognized the signs of severe psychological illness.
40. On August 20, 2016, Jeremy was transferred from his padded cell to a segregation
cell in K-BLOCK.
41. On August 21, 2016, Defendant Jail Officers observed Jeremy urinating in a cup
and throwing it out of his cell; Jeremy was also talking, very senseless and irrationalthe entire
10
time. As a result of this bizarre behavior, Jeremy was transferred back to the padded cell without
any clothing and put back on suicide watch.
42. On and after August 27, 2016, Jeremy ceased taking any showers and was rarely
removed from his cell.
43. On September 15, 2016, the Jail, Nurse documented Jeremys worsening medical
and mental health condition in a To Whom It May Concern memo. The Nurse wrote:
I am writing this letter on behalf of Jeremy Oswalt[h]e has been refusing his
trays/drinks/meds off and on since [September 6, 2016]. Most recently, he has
refused any attempts at basic hygieneOver the course of the last 6 weeks I have
seen his mental capacities deteriorate from being questionable with basic needs to
denying any attempt at that. He has been in seclusion from others for this [sic] entire
time of his incarcerationHe currently has been without any antipsychotics for
about 10 days. As of my evaluation today, Mr. Oswalt is entirely unaware of his
current surroundings, time or events. He is unable to hold a basic conversation or
make informed decisions about his health and wellbeing. His speech is weak, he
has lost a significant amount of weight, and his thoughts are not intactI also feel
he has become more medically unstable due to lack of adequate nutrition, hydration
and cleanliness of his cellI feel that his mental capacity has deteriorated to the
point that he is a grave danger to himself or others.
44. Sheriff Rekeweg, Jail Commander Miller, and the Jail Officers received a copy of
the Nurses To Whom It May Concern memo on or before September 21, 2016.
45. On or about September 15, 2016, Sheriff Rekeweg, Jail Commander Miller, and
the Jail Officers were aware of the facts outlined in the Nurses To Whom It May Concern
memo.
46. On or about September 15, 2016, local community mental health providers
informed the Jail Nurse that Jeremy needed acute mental health services and treatment.
47. On or about September 15, 2016, the Jail Nurse informed Sheriff Rekeweg, Jail
Commander Miller, and the Jail Officers that Jeremy needed acute mental health services and
treatment.
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48. On September 16, 2016, Jail Commander Miller and the Jail Officers, in the
presence of the Jail Nurse, observed that Jeremy was hostile, irrational, and mentally distraught
and had not been taking his medication.
49. On September 16, 2016, Jail Commander Miller and the Jail Officers, in the
presence of the Jail Nurse, entered Jeremys cell, handcuffed him, strapped him into a restraint
chair while naked, and put a hood over his head.
50. While Jeremy was physically restrained, the Jail Nurse injected Jeremy with an
antipsychotic medication in his shoulder. Jeremy was then taken to the Service Garage Bay where
he was doused with buckets of water. He was then placed back in the cool, dark, padded isolation
cell while still naked.
51. On September 19, 2016, the Adams County Jail Officers observed and logged that
Jeremy did not consume any food or drinks all day.
52. On September 21, 2016, the Adams County Jail Officers observed and logged that
Jeremy did not consume any food or drinks all day.
53. On September 22, 2016, Jail Commander Miller reported that Jeremy did not
consume any food or drinks all day.
54. From September 23, 2016 up until his removal from his cell on September 28, 2016
at approximately 4:26 a.m., there is no entry in the jail log indicating that Jeremy consumed any
food or drink.
55. From September 23, 2016 up until his removal from his cell on September 28, 2016
at approximately 4:26 a.m., there is no entry in the jail log indicating that Jeremy took any
medications.
12
56. From the early morning hours of September 27, 2016 until the early morning hours
of September 28, 2016, a period of nearly 24 hours, not one Jail Officer set foot in the padded
segregation cell to check on Jeremys well-being.
of September 28, 2016, a period of nearly 24 hours, Jeremy was naked on the floor of his cell,
barely moving.
of September 28, 2016, a period of nearly 24 hours, the Adams County Jail Officers were
monitoring Jeremy only by occasionally looking at the closed circuit monitor of his cell.
59. On September 28, 2016 at approx. 4:08 a.m., Jail Officer Yoder entered Jeremys
cell, flashed a light on Jeremy, nudged and kicked Jeremy, and determined that Jeremy was
unresponsive. Jail Officer Yoder then contacted dispatch and requested that dispatch call for an
ambulance.
60. Adams County EMS responded and arrived on scene at 4:22 a.m.
61. Jail Officers advised EMS personnel that Jeremy, was last seen normal
approximately one hour prior to EMS call.
62. EMS personnel noted that Jeremys skin was pale, cold and dry; his breathing was
noted to be six times per minute and shallow; capillary refill was noted to be longer than two
seconds.
63. EMS personnel applied heating packs to Jeremys torso and neck; they also
administered approximately 400 ml of warm IV fluids during the transport to the hospital.
13
64. Upon arrival at the Adams County Memorial Hospital, the emergency room
physician noted that Jeremy was naked, cold to the touch even across the core, and had pieces of
food stuck on his body.
65. Despite additional efforts to warm Jeremys core body temperature including
applying a Bair Hugger and flushing his bladder with warm water, the emergency room physician
was unable to obtain a core body temperature as Jeremys body temperature was below the
available thermometer reading.
66. Jeremy failed to recover and was pronounced dead on September 28, 2016 at 6:25
a.m.
67. Jeremy died, in part, due to hypothermia, lack of nutrition, and dehydration.
68. The Adams County Coroners office performed an autopsy on Jeremy. The five-
page autopsy report does not mention the fact that Jeremy was found naked and cold to the touch.
Likewise, the autopsy report does not mention the fact that despite over two hours of intensive
efforts to warm him, emergency personnel were not able to obtain any core temperature.
69. At various times from August 1, 2016 through and including September 28, 2016,
Sheriff Rekeweg, Jail Commander Miller, and the Jail Officers observed Jeremy exhibiting
obvious signs and symptoms of severe medical distress but failed to obtain emergency medical
care for Jeremy.
70. At various times from August 1, 2016 through and including September 28, 2016,
Jail Commander Miller and the Jail Officers failed to consistently record observations of Jeremys
health and behavior on Jail Logs as required by the Jails policies and procedures.
71. The last four days of Jeremys life, from September 25, 2016 through September
28, 2016 at 4:00 A.M., Jail Commander Miller and the Jail Officers failed to record any
14
observations of Jeremys health and behavior on Jail Logs as required by the Jails policies and
procedures.
72. During his detention at the Adams County Jail, Sheriff Rekeweg, Jail Commander
Miller, and the Jail Officers failed to ensure that Jeremy took medications regularly which had
been prescribed to treat his severe mental illness.
CLAIMS FOR RELIEF
73. Plaintiff incorporates paragraphs 1-72 as if fully set forth herein.
74. Defendants, and each of them as outlined herein, were deliberately indifferent to
Jeremys obvious need for acute inpatient mental health treatment and, as a result, his mental and
physical condition deteriorated to the point where he could no longer take care of himself.
75. Once Jeremys condition deteriorated to the point we could no longer take care of
himself, Defendants, and each of them as outlined herein, failed to provide Jeremy with even the
most basic necessities required to maintain his health including clothing sufficient to keep him
from suffering hypothermia, food, water, hygiene, medication and access to medical and mental
health care.
76. Each of the Defendants named herein, including Sheriff Rekeweg, Jail Commander
Miller and the Jail Officers, were personally aware of Jeremys serious medical condition and
failed to take action, which conduct constitutes deliberate indifference.
77. For the last two weeks of his life, Jeremys need for immediate medical attention
was obvious: he was not eating, he was not drinking, he was not taking his medication, he was
naked on a cold floor in a filthy cell, he was not bathing, and he was barely moving.
15
78. Each of the Defendants named herein, including Sheriff Rekeweg, Jail Commander
Miller and the Jail Officers, were deliberately indifferent to the risk that Jeremy would suffer from
hypothermia due to his extended exposure to cold conditions in the isolation cell.
79. The failure of the Defendants to provide Jeremy with emergency medical treatment
in a timely manner and to provide reasonable accommodations for his safety demonstrates a total
lack of regard for his right to be free from unnecessary and unlawful bodily harm and his right to
reasonable medical care for his health, well-being and personal safety.
80. The Defendants conduct wholly lacks the due care and diligence which prudent
and reasonable Jail Officers should have displayed.
81. The acts and omissions of the Defendants as described herein were done willfully,
wantonly, and maliciously, and with such reckless disregard of the consequences as to reveal a
conscious and deliberate indifference to Jeremys serious medical condition which resulted in his
unnecessary and untimely death.
82. The Defendants herein are responsible for Jeremys death as the result of their
intentional, willful, wanton, reckless and negligent acts and omissions, including but not limited
to the failure to provide medical care and/or treatment to Jeremy; failure to monitor, protect and
provide a safe and healthy environment for Jeremy while he was detained, including a cell which
did not subject Jeremy to the risk of hypothermia; failure to timely contact emergency services to
transport Jeremy to the hospital; and, with regard to Sheriff Rekeweg and Jail Commander Miller,
the failure to properly train and supervise the Jail Officers.
83. As a direct and proximate result of the aforementioned conduct of the Defendants,
Jeremy was deprived of the rights, privileges and immunities secured to him under the Constitution
16
and laws of the United States of America, including his rights under the Fourteenth Amendment
to the United States Constitution.
84. Defendants, Sheriff Rekeweg and Jail Commander Miller, were deliberately
indifferent to the obvious need for training the Adams County Jail Officers regarding proper
procedures for monitoring detainees, including Jeremy, who suffer from severe mental illness.
85. Defendants, Sheriff Rekeweg and Jail Commander Miller, were deliberately
indifferent to the obvious need for training the Adams County Jail Officers regarding how to
recognize and respond to medical emergencies such as a detainee who is lapsing into a coma due
to lack of nutrition, hydration, and hypothermia.
86. Defendants, Sheriff Rekeweg, Jail Commander Miller and the Adams County
Sheriffs Department, had a duty and obligation to train and supervise the Adams County Jail
Officers, inter alia: (i) how to recognize serious signs and symptoms that require urgent medical
attention exhibited by detainees such as Jeremy, such as dehydration and hypothermia, (ii) what
to do if detainees such as Jeremy exhibit signs and symptoms that require urgent medical attention,
(iii) how to ensure detainees such as Jeremy take the medication prescribed for their condition,
(iv) how to properly fill out a Jail Log, (v) how to properly monitor detainees in the padded
isolation cell, (vi) how to properly conduct medical checks of detainees in the padded isolation
cell, and (vii) how to provide a safe, clean, and healthy environment for detainees such as Jeremy.
87. Defendants, Sheriff Rekeweg, Jail Commander Miller and the Adams County
Sheriffs Department, breached the foregoing duties and failed to properly train and supervise the
Defendant Adams County Jail Officers.
88. In accordance with Indiana statute, Defendants were timely served with a Notice of
Tort Claim on October 24, 2016 by certified mail.
17
89. In accordance with Indiana statute, Defendants were timely served with an
Amended Notice of Tort Claim on March 27, 2017 by certified mail.
90. Pursuant to Indiana statute, the Plaintiffs claim has been constructively denied as
Defendants have had more than ninety (90) days to investigate the claim but have failed to respond.
91. Defendants Rekeweg and Miller negligently hired, supervised, and retained the
Adams County Jail Officers when they knew, or should have known, that said Officers were not
properly trained and otherwise unfit for service.
92. As a direct and proximate result of the wrongful acts and omissions of Defendants
as described herein, Jeremy was deprived of the rights, privileges and immunities secured to him
under the Constitution and laws of the United States of America, including his rights under the
Fourteenth Amendment to the United States Constitution.
93. As a direct and proximate result of the wrongful acts and omissions of Defendants
as described above, Plaintiff seeks to recover for the wrongful death of Jeremy Oswalt, including
recovery of medical, funeral, and burial expenses, expenses incurred in the administration of the
decedents estate, reasonable attorney fees in prosecuting this claim, and all other damages allowed
by state and federal law.
WHEREFORE, Plaintiff, Jason Oswalt, as Special Administrator of the Estate of Jeremy
Oswalt, deceased, requests the following relief:
a. An award of compensatory damages based on Plaintiffs 42 U.S.C. 1983 claim
for the violation of Jeremy Oswalts constitutional rights;
b. An award of punitive damages based on Plaintiffs 42 U.S.C. 1983 claim to
punish Defendants for their callous or reckless indifference to Plaintiffs constitutional rights;
18
c. An award of compensatory damages for the wrongful death of Jeremy Oswalt,
including but not limited to all damages allowed by the Indiana Wrongful Death Act, Indiana Code
Section 34-23-1-2;
d. An award of attorney fees and costs pursuant to 42 U.S.C. 1988;
e. Trial by jury; and
f. All other relief just and proper in the premises.
Respectfully submitted,
WAGNER REESE, LLP
/s/ Stephen M. Wagner

Stephen M. Wagner, Atty. No. 18248-49
Attorney for Plaintiff
19
JURY DEMAND
Comes now the Plaintiff, by counsel, and hereby demands trial by jury against the
Defendants on all issues set forth in this cause of action.
Respectfully submitted,
WAGNER REESE, LLP
/s/ Stephen M. Wagner

Stephen M. Wagner, Atty. No. 18248-49
Attorney for Plaintiff
WAGNER REESE, LLP

11939 North Meridian Street
Carmel, IN 46032
Tel: (317) 569-0000
Fax: (317) 569-8088
Email: [email protected]
20

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USDC IN/ND case 1:17-cv-00278 document 1 filed 07/06/17 page 1 of 20

IN THE UNITED STATES DISTRICT COURT

JASON OSWALT, as Special Administrator of )

COMPLAINT FOR DAMAGES AND JURY DEMAND

ADAMS COUNTY SHERIFFS DEPARTMENT; NICHOLAS YODER; LOGAN PENROD;

DANIEL HUNTER; ANNALEIGH WELLMAN; NICHOLAS ENGLE; ALEX WILL; AUSTIN

Officers or Jail Officers), alleges and states as follows:

STATEMENT OF THE CASE

health crisis or even death.

fail to meet this responsibility, leaving the most vulnerable at risk.

monthsin a dark, cool padded segregation cell.

serious medical condition.

JURISDICTION AND VENUE

3. Venue is proper in this district pursuant to 28 U.S.C. 1391.

Number 01C01-1610-EU-0063, the Plaintiff, Jason L. Oswalt, was appointed Special

State of Indiana, Town of Geneva, County of Adams.

supervision, and conduct, as more fully set out infra.

United States of America. He is sued in his individual and official capacity.

individual and official capacity.

formerly located at 313 South 1st Street, Decatur, Indiana.

sued in their individual and official capacities.

arrest, Jeremy was detained at the Adams County Jail.

McCord noted the following:

(i) Jeremy was in good physical condition;

(iii) Jeremy had hypertension; and

(i) Jeremy exhibited loud and obnoxious behavior;

(ii) Jeremy exhibited bizarre behavior which included:

a. He would not stop talking;

b. He would sporadically change the subject while speaking with no

c. He repeatedly pulled on his cuffs and, in a different voice, kept repeating

the phrase, rattle the jewelry; and

(iii) Jeremy had a history of inpatient psychiatric care.

for any signs of danger or need for urgent medical attention.

noted the following:

(i) Jeremy had four psychiatric hospitalizations;

threatened to kill his mother;

(iii) Jeremy had not been taking his prescribed medications;

(iv) Jeremy was experiencing hallucinations, behavioral problems, and

episode with psychosis.

until psychiatric hospitalization could be arranged.

medication, Latuda, for Jeremy to take daily.

the Latuda once a day.

they were to administer the Latuda to Jeremy once a day.

padded cell until a bed became available at Parkview Hospital.

Miller knew that Jeremy had a well-documented history of mental illness.

signs and symptoms of someone who needs urgent medical attention.

following occurrences as emergencies: sudden onset of bizarre behavior, unconsciousness,

breathing difficulties, and any other health/life threatening injury.

eating food or drinking water.

Miller that Jeremy was continuing to show signs of psychological deterioration.

signs his psychological illness including yelling and talking to himself.

signs of severe psychological illness.

recognized the signs of severe psychological illness.

any clothing and put back on suicide watch.

removed from his cell.

and had not been taking his medication.

chair while naked, and put a hood over his head.

cell while still naked.

Jeremy did not consume any food or drinks all day.