McCann Suit

8/6/2019 McCann Suit

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

WESTERN DIVISION

VALORIE R. GREENE - McCANN, )Special Representative of the )

Estate of Patrick J. McCann, Deceased, )

Plaintiff, )

v. ) Case No.: 2011 CV 50125

)

OGLE COUNTY, a Unit of Local Government, )

MICHAEL R. HARN, in his official ) Judge:

capacity as OGLE COUNTY SHERIFF, )

GREGORY A. BEITEL, individually )

and in his official capacity as the past ) Magistrate Judge:

OGLE COUNTY SHERIFF, )CLINT D. MYERS, individually and in )

his official capacity as Chief Deputy with ) Plaintiff Requests Trial By Jury

OGLE COUNTY SHERIFFS OFFICE, )

JOHN B. ROE, individually )

and in his official capacity as )

OGLE COUNTY STATE ATTORNEY, )

CAPTAIN WENDY KERWIN, )

individually and in her Official Capacity )

as CORRECTIONS COMMANDER of )

OGLE COUNTY CORRECTIONS CENTER )

SERGEANT GERDA CLARK, individually )

and in her official capacity as Commander of )

OGLE COUNTY CORRECTIONS CENTER, )

SERGEANT JENNIFER ASHLEY, )

individually and in her official capacity as )

OGLE COUNTY CORRECTIONS OFFICER, )

SERGEANT BRIAN KETTER, )

individually and in his official capacity as )


JUAN CARRENO, )

individually and in his official capacity as )OGLE COUNTY CORRECTIONS OFFICER, )

RICHARD KRUG, JR., individually )



CARLA BALTHAUS,individually )

and in her official capacity as )


Case: 3:11-cv-50125 Document #: 2 Filed: 05/02/11 Page 1 of 20 PageID #:2


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WILLIAM WHITE,individually )



JUDY MARTIN,individually )

and in her official capacity as OGLE COUNTY )

CIVIL CORRECTIONS CLERK, )STEPHEN CULLINAN, M.D.,and )

CINDY MONGAN, LPN, )

Defendants. )

COMPLAINT

Plaintiff, VALORIE R. GREENE - McCANN, Special Representative of the Estate of

Patrick McCann, Deceased, by and through her attorneys, MICHAEL H. MINTON from the

MINTON LAW FIRM and JAMES J. MACCHITELLI, for their Complaint against Defendants

jointly and severally, state as follows:

INTRODUCTION

1. This is a civil action seeking damages against Defendants for committing acts

under color of law, and depriving the decedent of his rights secured by the Constitution and laws

of the United States. Defendants were aware of decedents medical condition and deliberately

failed to provide decedent with necessary medical treatment or established a custom and policy

of denying procedures needed to treat serious medical conditions, in violation of the Eighth and

Fourteenth Amendments of the United States Constitution. As a result of Defendants' deliberate

indifference in failing to provide appropriate medical treatment, decedent died.

JURISDICTION AND VENUE

2. The jurisdiction of this Court is invoked pursuant to the Civil Rights Act, 42

U.S.C. 1983; the Judicial Code, 28 U.S.C. 1343 and 1367; the Constitution of the United

States; and pendent jurisdiction for attendant state claims is invoked as provided under

U.S.C., 1367(a).



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3. Venue is proper under 28 U.S.C. 1391(b). On information and belief, all

defendants reside and/or work in this judicial district, and the events giving rise to the claims

asserted herein occurred here as well.

PARTIES

4. Plaintiff, VALORIE R. GREENE - McCANN, was the mother and next friend to

PATRICK J. McCANN, Deceased, and is acting as the Special Representative of the Estate of

Patrick J. McCann.

5. PATRICK J. McCANN, Deceased, was an inmate of the OGLE COUNTY

CORRECTIONS CENTER (OCCC) and was incarcerated at all times relevant to this

complaint.

6. Defendant, OGLE COUNTY, is a unit of Local Government.

7. Defendant, MICHAEL R. HARN, is the current Sheriff of Ogle County and is

employed as such and is being sued in his official capacity. That Defendant, MICHAEL R.

HARN, as Sheriff, is an elected, statutory county official of Ogle County and is not afforded

protection under Article II of the United States Constitution.

8. Defendant, GREGORY A. BEITEL, was the past Sheriff of Ogle County and was

employed as such through the allegations that are alleged in this complaint and is being sued

individually and in his official capacity. That Defendant, GREGORY A. BEITEL, as Sheriff,

was an elected, statutory county official of Ogle County and is not afforded protection under

Article II of the United States Constitution.

9. Defendant, GREGORY A. BEITEL, was at all times relevant hereto, the Sheriff

of Ogle County and was the keeper of the OCCC, and as such, was responsible for the care of the

inmates, the operation and maintenance of the jail and in accordance therewith, the training,



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supervising and instruction of the Deputy Sheriffs, Special Deputy Sheriffs, and medical

personnel in the performance of their duties.

10. Defendant, CLINT D. MYERS, was at all times relevant hereto, the Chief Deputy

of OCCC and was an employee agent or an ostensible agent of Sheriff Beitel, and in addition,

was employed in the OCCC by the Ogle County Sheriff Department, and a partial decision maker

within the county jail and is being sued individually and in his official capacity.

11. Defendant, WENDY KERWIN, was at all times relevant hereto, a Captain and

was an employee agent or an ostensible agent of Sheriff Beitel, and in addition, was employed in

the OCCC by the Ogle County Sheriff Department, and was a partial decision maker and policy

maker within the county jail and is being sued individually and in her official capacity.

12. Defendants, SERGEANT GERDA CLARK, SERGEANT JENNIFER ASHLEY,

and SERGEANT BRIAN KETTER, at all times relevant hereto, were employees, agents or

ostensible agents of Sheriff Beitel, and in addition were employed as a supervisory officers

within the Ogle County Sheriff Department within OCCC, the county jail and each is being sued

individually and in his or her official capacity.

13. Defendants, JUAN CARRENO, RICHARD KRUG, JR., CARLA BALTHAUS,

WILLIAM WHITE, and JUDY MARTIN, were at all times relevant hereto, employees, agents or

ostensible agents of Sheriff Beitel and in addition were employed as corrections officers within

the OCCC or Ogle County Jail and each is being sued individually and in his or her official

capacity.

14. Defendant, STEPHEN CULLINAN, M.D., is a physician employed by Ogle

County and is sued in his individual and official capacities as he was acting under color of law

with respect to all allegations in this Complaint in that all of his actions were undertaken as a



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part of his duties and in treatment of the Plaintiff Decedent, Patrick J. McCann, as an OCCC

prisoner.

15. Defendant, CINDY MONGAN, LPN, is a licensed medical provider and was at

relevant times hereto, an employee of Defendant, OGLE COUNTY, and as well an employee,

agent or ostensible agent of Defendant Sheriff Beitel, providing medical services to the inmates

of OCCC or Ogle County Jail, and Plaintiff - Decedent, Patrick J. McCann, in particular, and was

at all times pertinent hereto, acting within the course and scope of employment and under the

color of law.

16. Defendant, JOHN B. ROE, was at all times relevant hereto, the Ogle County State

Attorney and at all times was responsible for the removal of the Plaintiff - Decedent, Patrick J.

McCann, from the Saint Antony Medial Center a hospital and the transfer of Plaintiff - Decedent

to OCCC and is being sued in his individual and official capacity.

COMMON ALLEGATIONS

17. Plaintiff - Decedent, PATRICK J. McCANN, was a citizen of the United States

and was incarcerated in OCCC and was entitled to all rights, privileges and immunities accorded

all residents of the United States of America.

18. On March 30, 2010, it was alleged that Plaintiff - Decedent, Patrick J. McCann ,

committed acts of domestic violence against his mother and it was further alleged that he started

a fire by an incendiary device and therefore his mothers house started on fire. Plaintiff -

Decedent, Patrick J. McCann, was severely burned in the house fire and as such he received

severe second and third degree burns to 40% of his body or and on his back, arms and scalp.

19. On March 30, 2010, Patrick J. McCann, was taken by ambulance to the

emergency room at Katherine Shaw Bethea Hospital in Dixon, Illinois and since his injuries were



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very serious and severe, he was transferred to OSF Healthcare System d/b/a Saint Anthony

Medical Center in Rockford, Illinois after he was stabilized.

20. While being hospitalized and treated in the burn unit at OSF Healthcare System

d/b/a Saint Anthony Medical Center, Plaintiff - Decedent, Patrick McCann, was placed under

arrest and charged with domestic battery and arson and remained hospitalized. Thereafter, it is

believed that Plaintiff - Decedent, Patrick J. McCann, was arrested and charged with Domestic

Violence and Arson and he remained hospitalized until April 20, 2010, when Defendant, JOHN

B. ROE, Ogle County State Attorney, demanded that he be released from the hospital and

incarcerated in the OCCC facility.

21. It is believed that Sheriff Beitel and John B. Roe decided that due to the criminal

charges that were pending against Plaintiff - Decedent, Patrick J. McCann, and his criminal

history, it was their duty to society to ensure that Patrick J. McCann was detained in the

OCCC. Defendants, Sheriff Beitel and John B. Roe, transferred Plaintiff - Decedent to OCCC

knowing that the necessary and appropriate medical treatment was unavailable.

22. After, Plaintiff - Decedent, Patrick J. McCann, was transferred to OCCC and to

Sheriff Beitels control, Sheriff Beitel realized that Plaintiff - Decedent, Patrick J. McCann was

in a serious and severe medical condition and further stated that Plaintiff - Decedent, Patrick J.

McCann, should be transferred to Winnebago County Jail where an medical infirmary with an

extensive medical facility and medical care providers were available as well as a large trained

nursing staff.

23. Defendant, Captain Wendy Kerwin contacted Andrea Tack, the administrator for

the Winnebago County Jail and medical infirmary and after Andrea Tack consulted with the

Sheriff of Winnebago County, Andrea Tack refused to house Plaintiff - Decedent, Patrick J.



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McCann, at the Winnebago County Jail due to the severity of his unstable medical condition and

his substantial medical risk factors.

24. On April 20, 2010, Patrick J. McCann was transferred from the burn unit at Saint

Anthony Medical Center to OCCC. Defendant, STEPHEN CULLINAN, M.D., was Patrick J.

McCanns treating medical doctor while he was in imprisoned and in the custody of OCCC and

Defendant, CINDY MONGAN, LPN, was Plaintiff - Decedent, Patrick J. McCanns, nurse while

he was in custody of OCCC and imprisoned at OCCC.

25. Plaintiff - Decedent, Patrick J. McCann, was mentally ill and had a history of and

was treated for Schizoid Bi-Polar Disorder and was prescribed and taking numerous medications

which included: (1) EDDP; (2) Fluoxetine; (3) Norfluoxetine; (4) Diphenhydramine; (5)

Risperdone; (6) hydroxyrisperdone; and (7) Warfin.

26. In addition, Plaintiff - Decedent, Patrick J. McCann, was prescribed and taking

Methadone for pain relief from the severe second and third degree burns on his body and was

also taking Benadryl. Twice daily certain cream for treatment of his burns was placed on him.

Defendant, Cindy Mongan, was to act as Plaintiff - Decedent, Patrick J. McCanns, nurse and she

saw him twice per day at or near 8 am and 4 pm. Numerous medications were administered and

give to Plaintiff - Decedent, Patrick J. McCann, by Cindy Mongan, LPN, and various medically

untrained Corrections Officers.

27. Defendants, JUAN CARRENO, RICHARD KRUG, JR., CARLA BALTHAUS,

WILLIAM WHITE, and JUDY MARTIN, allegedly conducted well-being checks on Plaintiff -

Decedent, Patrick J. McCann, every 30 minutes. These well being checks were often completed

or conducted via video camera that was located in Plaintiff - Decedents prison cell.



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28. Plaintiff - Decedent, Patrick J. McCann, was not hooked up to an EKG machine

and should have been monitored very closely and consistently due, in part, to the administration

of psycho-tropic drugs with Methadone which required close and consistent monitoring and

numerous, daily blood draws to establish and monitor all blood levels due to the substantial and

immediate medical risks for cardiac complications, including but not limited to cardiac

irritability and arrhythmia along with problems resulting from infections, fluid build up and

electrolyte imbalances.

29. Defendants did not conduct the required blood draws nor did they provide the

necessary care and EKG readings and each Defendant failed to stabilize and preserve and save

the life of Plaintiff - Decedent, Patrick J. McCann.

30. On April 30, 2010, at 6:50 am Defendant, William White, advised Defendant,

Gerda Clark, that Plaintiff - Decedent, Patrick J. McCann, was having troubles and was unable to

stay awake while he was being spoon fed his cereal. Defendant, Gerda Clark, then told

Defendant, Cindy Mongan, about Plaintiff - Decedents, Patrick J. McCanns, medical condition

and status. It is believed that Defendant, Cindy Mongan, did not provide any immediate

attention to Plaintiff - Decedent, Patrick J. McCann.

31. On April 30, 2010, at 11:07 am, Defendant, Juan Carreno, advised via radio, Call

911, Patrick J. McCann, was not breathing. Defendants, Carla Balthaus, Cindy Mongan, Gerda

Clark and Jennifer Kerwin, responded to Patrick J. McCanns cell and later, Plaintiff - Decedent,

Patrick J. McCann was pronounced dead.

32. Plaintiff - Decedent, Patrick J. McCann, was in the care, custody and control of

the Ogle County Sheriff Department as a pretrial detainee, and was an inmate within the OCCC

or Ogle County Jail, from April 20, 2010 through April 30, 2010 when he expired.



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33. Defendant, Sheriff Beitel, was at all times relevant hereto, the Sheriff of Ogle

County and was the keeper of the jail, and as such, was responsible for the care and control of the

prison inmates, the operation and maintenance of the jail, the training, supervising and

instruction of the Corrections Officers and Medical Personnel in the performance of their duties.

34. Defendant, STEPHEN CULLINAN, M.D., was a medical doctor and a

medical professional and he charged with the responsibility to provide the appropriate medical

care to Plaintiff - Decedent, Patrick J. McCann, who at all times relevant, was a prison inmate at

OCCC and therefore was a patient under his care and supervision.

35. At all times during his incarceration, Plaintiff - Decedents, Patrick J. McCann,

access to medical care and treatment regimen was controlled and dictated by employees of Ogle

County and employees of OCCC and these employees were not properly trained to provide the

necessary medical care and treatment for Plaintiff - Decedent, Patrick J. McCann.

36. At all times during his incarceration, Plaintiff - Decedent, Patrick J. McCanns,

care and medical treatments at OCCC were restricted, controlled and dictated by improperly

trained employees of Ogle County and improperly trained OCCC employees as Plaintiff -

Decedents medical condition was severe and Plaintiff - Decedent required more than common

medical professional as he required medical specialists.

37. Defendants were literally observing and recording Plaintiff - Decedents death

march, yet ignored intentionally and maliciously his most serious and rapidly deteriorating

medical condition and turned a blind eye to his degrading, serious medical condition. In utter

disregard of these observations, Defendants failed to transfer this seriously endangered Plaintiff -

Decedent to an emergency room venue; rather Defendants recorded this death watch and

maintained a somber macabre like vigil until his death in his cell.



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38. Despite their personal knowledge and observations that they were unable to

handle nor capable to handle Plaintiff - Decedents medical condition, Defendants did not

evacuate Plaintiff - Decedent to an Emergency Room and Hospital setting; rather, the Defendants

ignored Plaintiff - Decedents serious medical condition and called other county jails and asked

for assistance to care for Plaintiff - Decadents serious medical conditions.

39. It is believed that from April 20, 2010 through April 30, 2010, Plaintiff -

Decedent was never seen by any medical doctor nor was Plaintiff - Decedent seen by Defendant,

Stephen Cullinan, M.D. ,who was charged and responsible for the care supervision and treatment

of Plaintiff - Decedent who was an inmate at OCCC.

40. That the policies and procedures as set forth in the Ogle County Sheriffs Policy

and Procedural Manual pertaining to medical care of inmates is constitutionally deficient and

further there are required polices which are notably absent or in the alternative the policies are

not enforced nor followed and there is a blatantly obvious lack of adequate training and or

enforcement of what ever policy in any format may exist.

41. The life of the Plaintiff - Decedent and his pursuit of happiness and freedom from

interference as guaranteed by the Fourteenth Amendment due process clause of the United States

Constitution was denied; Plaintiff - Decedent was subjected to such inhumane treatment by acts

of malicious and intentional conduct and further acts of commission and omission that resulted in

his death while in the custody and care of Defendants.

42. Plaintiff - Decedents death was a direct and proximate result of isolating him and

removing him from all available viable and life saving medical treatment.



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43. As a direct and proximate result of malicious and intentional wrongful conduct of

Defendants, as alleged herein, all the next of kin of the Plaintiff - Decedent have suffered and

will continue to suffer a loss of love, affection, companionship, care, protection and guidance,

and have suffered and will continue in the future to suffer pain, grief, sorrow, anguish, stress,

shock and mental suffering.

44. That pursuant to the provisions of 42 U.S.C. 1988, Plaintiffs are entitled to

recover attorney fees and cost of litigation as to the causes of actions alleged under the

Constitution and the laws of the United States.

45. That the acts and/or omissions of Defendants was excessive, unnecessary,

reckless, intentional, malicious and in wanton disregard of Plaintiff - Decedents constitutional

right to be free from unreasonable and inhumane treatment due in part to his incarceration in

OCCC without the availability of the most basic medical care and treatment and his forced

removal from OSF Healthcare System d/b/a Saint Anthony Medical Center.

46. The unwarranted and unconstitutional actions or omissions of Defendants caused

Plaintiff - Decedent to suffer and experience extreme physical and emotional pain and the

Defendants actions were without regard to human dignity or presence in violation of the

provisions of the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States

Constitution

COUNT I

Section 1983 Claim for Cruel and Unusual Punishment

(Against All Individual Defendants)

47. Plaintiff repeats and re-alleges, as if fully set forth herein, each allegation

contained in paragraphs 1 through 46, and further alleges:



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48. The acts and omissions of the Individual Defendants as described above,

constituted cruel and unusual punishment in violation of the Eighth and/or Fourteenth

Amendments.

49. The cruel and unusual conditions of confinement as described above were a result

of the Sheriffs Office and Ogle Countys systematic failure to train, monitor, supervise,

investigate and discipline OCCC personnel, inadequate policies, and systematic failure to

enforce those policies.

50. Defendants were all aware of serious medical condition of the Plaintiff -

Decedent, but ultimately, knowingly and deliberately ignored his need for relief and knowingly

and deliberately ignored his right to receive proper medical treatments.

51. In transferring the Plaintiff - Decedent from Saint Anthony Medical Center and

taking him to OCCC and making him remain in a cell at OCCC despite their knowledge of

Plaintiff - Decedents serious medical condition and prescription drug regimen with combination

of psycho-tropic drugs and Methadone, Defendants consciously disregarded and were

deliberately indifferent to the substantial risk that Plaintiff - Decedent would suffer serious health

problems or death.

52. In deliberately ignoring Plaintiff - Decedents serious second and third degree

burns and serious medical conditions, Defendants consciously disregarded and were deliberately

indifferent to the substantial risk that Plaintiff - Decedent would suffer severe pain and would

thus suffer cruel and unusual punishment in violation of the Eighth and/or Fourteenth

Amendments and would suffer other serious health problems or death.



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53. Defendants were deliberately indifferent in removing the Plaintiff - Decedent

from a burn unit at a special hospital and were deliberately indifferent in failing to acknowledge

that the Defendants could not provide appropriate medical care to Plaintiff - Decedent at the

OCCC or Ogle County Jail and through their indifference and failure to act, Ogle County and

Ogle County Sheriff, Gregory A Beitel, as policymakers and officials have condoned and

encouraged cruel and unusual conditions of confinement, such as those that Plaintiff - Decedent

was subjected to in his forced stay at the OCCC or Ogle County Jail.

54. Defendants conduct was willful, wanton, malicious and in reckless disregard or

knowing disregard of Plaintiff - Decedents constitutional rights.

55. Plaintiff - Decedent was injured by the actions and omissions of Defendants.

WHEREFORE, Plaintiff, VALORIE R. GREENE - McCANN, Special Administrator of

the Estate of Patrick J. McCann, Deceased, prays that this Court enter judgment for the

Plaintiff and against the Defendants for (1) compensatory damages in amount that exceeds

$1,000.000.00; (2) an award of punitive damages; (3) attorneys fees; (4) expenses and costs,

and (5) all other relief as the Court deems just and proper.

COUNT II

Section 1983 Claim for Failure to Protect




57. The Individual Defendants and other OCCC Personnel have failed to intervene

or to prevent or mitigate the cruel, unusual and unconstitutional treatment of Plaintiff - Decedent

as described above.



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58. In failing to intervene or protect Plaintiff, the Individual Defendants and other

OCCC Personnel were deliberately indifferent to the substantial risk that Plaintiff - Decedent

would suffer serious pain and additional health problems or other injuries.

59. As a result of the Individual Defendants and other OCCC Personnels failure to

intervene, protect and assist Plaintiff - Decedent, Plaintiff - Decedent sustained severe pain and

severe injuries that resulted in his death and was denied his constitutionally protected rights to be

free from cruel and unusual punishment and to receive necessary and proper medical care.

60. The Individual Defendants conduct and other OCCC Personnels conduct

violated Plaintiff - Decedents rights under the Fourteenth Amendment.

61. In refusing to intervene in wrongful conduct of Defendants, John B. Roe and

Sheriff Beitels refusal and inability to provide proper medical care to Plaintiff - Decedent, the

individual Defendants and other OCCC Personnel were deliberately indifferent to Plaintiff -

Decedents Constitutional rights and basic well-being in failing to remedy the problem.

62. In deliberately ignoring Plaintiff - Decedents need for proper medical care and

subjecting him to serious bodily harm and death, the individual Defendants were deliberately

indifferent to the substantial risk that Plaintiff - Decedent would suffer death.

63. Defendants were all aware of Plaintiff - Decedents severe and serious medical

condition, but ultimately, knowingly and deliberately ignored his need for reasonable and serious

medical care and his need for constant monitoring.

64. In their deliberate indifference to Plaintiff - Decedents severe and substantial

injuries and his need for proper medical care, Defendants consciously disregarded a substantial

risk that Plaintiff - Decedent would suffer serious health problems or death.



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65. The unlawful failure to intervene is a result of Ogle County and the Ogle County

Sheriff Offices systematic failure to train, monitor, supervise, investigate and discipline OCCC

personnel, inadequate policies, and systematic failures to enforce policies.

66. The persistent and widespread failure to intervene by OCCC personnel

constitutes a custom and practice, of which Defendants, Sheriff Beitel had actual and

constructive notice.

67. Defendants conduct was willful, wanton, malicious and in reckless disregard of

Plaintiff - Decedents rights.

68. Plaintiff - Decedent was injured by the actions and omissions of Defendants.

WHEREFORE, Plaintiff, VALORIE R. GREENE - McCANN, Special Representative of

the Estate of Patrick J. McCann, Deceased, prays that this Court enter judgment for the Plaintiff

and against the Defendants for (1) compensatory damages in amount that exceeds $1,000.000.00;

(2) an award of punitive damages; (3) attorneys fees; (4) expenses and costs, and (5) all other

relief as the Court deems just and proper.

COUNT III

Section 1983 Claim for Inadequate Access To Medical Care




70. The Individual Defendants deprived Plaintiff - Decedent of access to adequate

medical care in violation of his Fourteenth Amendment rights.

71. Defendants displayed a deliberate indifference towards the severe and serious

medical needs of Plaintiff - Decedent, proximately causing him to suffer damages and death.



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72. On information and belief, 0CCC and Ogle County personnel have a custom,

policy, or practice, of failing to provide adequate medical care to detainees at the OCCC or Ogle

County Jail, including Plaintiff - Decedent, Patrick J. McCann who suffered from severe and

substantial injuries to his person and who also suffered from a known mental illness.

73 On information and belief, Defendants Ogle County, Sheriff Beitel, John B. Roe,

have actual and constructive notice of this custom, policy, or practice, and have been deliberately

indifferent in failing to remedy the problem.

74. Defendants conduct was willful, wanton, malicious and in reckless disregard of

Plaintiff - Decedents rights.

75. Plaintiff - Decedent, Patrick J. McCann, suffered severe pain from his serious

injuries and because of the omissions of Defendants, who were deliberately indifferent, Plaintiff -

Decedent, Patrick J. McCann expired.


the Estate of Patrick J. McCann, Deceased, prays that this Court enter judgment for the Plaintiff

and against the Defendants for (1) compensatory damages in amount that exceeds $1,000.000.00;

(2) an award of punitive damages; (3) attorneys fees; (4) expenses and costs, and (5) all other

relief as the Court deems just and proper.

COUNT IV

(Wrongful Death under Illinois Law)



77. Plaintiff - Decedent, Patrick J. McCann was and is survived by his legal and

natural mother, VALORIE R. GREENE - McCANN, his siblings, BRIAN H. McCANN,



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MAUREEN R. McCANN, CATHERINE V. McCANN-CRESPO, and MARY E. McCANN-

LAMANTIA.

78. Plaintiff, VALORIE R. GREENE - McCANN, is next of kin to Plaintiff -

Decedent, Patrick J. McCann, and is also the Special Representative of his estate.

79. Plaintiff - Decedent, Patrick J. McCann, was officially pronounced dead on April

30, 2010.

80. Each and every beneficiary and next kin of Plaintiff - Decedent, Patrick J.

McCann, exercised due care at all times material to this complaint.

81. The wrongful death of Plaintiff - Decedent, Pattrick J. McCann, was due to the

willful and wanton misconduct of Defendants who proximately caused the injury and death of

Plaintiff - Decedent, Patrick J. McCann, in violation of 740 ILCS 180/1 et seq.

82. Each and every next of kin, has lost and will continue to lose pecuniary support as

a proximate result of the wrongful death of Plaintiff - Decedent, Patrick J. McCann.


the Estate of Patrick J. McCann, Deceased, and for Patrick J. McCanns kin demands

compensatory damages in excess of $1,000,000.00 against Defendants plus the costs of this

action, and such other relief as this court deems just and equitable.

COUNT V

(Illinois Survival Statute)



84. Plaintiff - Decedent was subjected to inhumane treatment amounting to torture

and as a result died while in custody and care of Defendants.



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85. As a proximate result of one or more of the negligent or intention acts by

Defendants, Plaintiff - Decedent, Patrick J. McCann, suffered personal and pecuniary damages,

including his pain suffering, disability, loss of enjoyment or life, and large medical bills prior to

his death; had he survived he would have been entitled to bring an action for such damages and

such action has survived him.

86. Plaintiff, VALORIE R. GREENE - McCANN, as Special Representative for the

Estate of Patrick J. McCann, deceased, brings this action to 755 ILCS 5/27-6.

87. As a direct and proximate result of one or more of the aforesaid negligent

or intentional acts committed by Defendants, Plaintiff - Decedent, Patrick J. McCann, died some

time after being made to suffer from April 20, 2010 thro0ugh April 30, 2010.





COUNT VI

(Respondeat Superior against the Ogle County and Michael R. Harn

in his capacity as the current Sheriff of Ogle County)



89. The above acts of defendants in removing Plaintiff - Decedent from Saint

Anthony Medical Center and thereby failing to provide adequate medical treatment and thereby

failing to provide adequate monitoring were committed while they were acting within the scope

of their employment as Ogle County employees and agents and or employees of Ogle County



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Sheriffs Office and thus such acts violate Illinois State Law.

90. Defendants acts were done willfully, wantonly and maliciously and were the

direct and proximate cause of the injuries to and death of Plaintiff -Decedent, Patrick J. McCann.





COUNT VII

(42 U.S.C. 1983 Conspiracy Claim)



92. Defendants, Sheriff Beitel and John B. Roe, reached an understanding, engaged in

a sequence of events or course of conduct and otherwise, agreed and conspired together to violate

the constitutional rights of Plaintiff - Decedent, Patrick J. McCann.

93. Each defendant did reach this understanding, and agreement, and did engage in

this course of conduct with the mutual purpose, objective and knowledge that it would subject

Plaintiff - Decedent, Patrick J. McCann, to inhumane treatment amounting to torture and

therefore deprive Plaintiff - Decedent, Patrick J. McCann, of his right to be free from cruel and

unusual punishment or torture, and his right of due process, as guaranteed by the Constitution

and laws of the United States.

94. Additionally, said conspiracy/joint action violated Plaintiff - Decedent, Patrick J.

McCanns, Fourteenth Amendment rights, under color of law, in contravention of 42 U.S.C.

1983 and further intentionally discriminated against a mentally ill prisoner who was Plaintiff -



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Decedent, Patrick J. McCann.

95. Acting in furtherance of this plan and conspiracy, the Defendants, Sheriff Beitel

and John B. Roe, did commit overt acts, including, the unjustified and inhumane treatment of

Plaintiff - Decedent, Patrick J. McCann, amounting to torture and in violation of his right to be

free from cruel and unusual punishment or torture.

96. This course of conduct by the Defendants was done willfully, maliciously,

intentionally, or with reckless disregard and gross negligence, and directly and proximately

caused the death of Plaintiff - Decedent, Patrick J. McCann.


the Estate of Patrick J. McCann, Deceased, prays that this Court enter judgment for the

Plaintiff and against the Defendants, Sheriff Beitel and John B. Roe, for (1) compensatory

damages in amount that exceeds $1,000.000.00; (2) an award of punitive damages; (3) attorneys

fees; (4) expenses and costs, and (5) all other relief as the Court deems just and proper.

PLAINTIFF HEREBY REQUESTS A TRIAL BY JURY ON ALL COUNTS.

Respectfully Submitted,

/s/James J. Macchitelli

Michael H. Minton # 1927000

(Email: [email protected])

Minton Law Firm

1051 Perimeter Drive, Suite 400

Schaumburg, Illinois 60173

(847) 874-7278 Telephone

(847) 874-7042 Facsimile

James J. Macchitelli # 6208773

(Email: [email protected])

1051 Perimeter Drive, Suite 400

Schaumburg, Illinois 60173

(847) 414-4532 Telephone

(847) 890-6457 Facsimile

mailto:[email protected]:[email protected]

Documents

McCann Suit