JACKSON CO. – Joshua McLemore was arrested in Jackson County on July 20, 2021. He was dead three weeks later and his family filed a federal lawsuit against the Jackson County Jail and other officials on Tuesday, April 12, 2023, for failing to provide McLemore with adequate treatment for his mental illness.
The family says for 20 days, 29-year-old McLemore was locked naked in a small, windowless isolation cell before his death. He was in a state of psychosis. He didn’t sleep and spent hours staring into space, screaming, laughing, talking, gesticulating, and was often covered in his own waste. He didn’t eat or drink and would nibble on the Styrofoam boxes his food came in.
By August 8, 2021, after 20 days of confinement, McLemore had lost almost 45 pounds and was severely emaciated. On that day, the jail staff called an ambulance. McLemore died two days later of multiple organ failure.
McLemore had a history of schizophrenia and substance abuse. According to the lawsuit, his condition “deteriorated in plain view of jail officials and security cameras” and jailers were “deliberate indifference” to McLemore’s wellbeing, keeping him in solitary confinement 24 hours a day, seven days a week.
Attorney Hank Balsom, who is representing McLemore’s mother said, “No one deserves to be treated like that and nobody deserves to be ignored when they’re suffering in that kind of condition. The death of Joshua leaves serious, serious questions about what occurred during the course of his confinement at the Jackson County Jail, and we intend to get to the bottom of it.”
Jackson County Prosecutor Jeff Chalfant released his findings following the review of a nine-month investigation by detectives with the Indiana State Police-Versailles Post into the death of McLemore in June 2022.
While the Jackson County Prosecutor agreed with the Indiana State Police that McLemore likely died due to a prolonged lack of attention by jail staff, no one was charged in connection with his death.
The investigation found that McLemore had numerous, serious health issues. His autopsy determined the cause of death was due to
- multiple organ failure, with the approximate time between onset and time of death being days
- refusal to eat or drink with altered mental status with the approximate time between onset and time of death being days
- unrelated Schizophrenia with the approximate interval between onset and death being months
- history of methamphetamine withdrawal among the list of significant conditions contributing to McLemore’s death.
At the time of McLemore’s death on August 10, 2021, he had two pending criminal cases in Jackson County.
In the first case, on May 25, 2021, McLemore was charged with battery resulting in bodily injury to a public safety officer and resisting arrest, and leaving the scene of a property damage accident.
During that incident, McLemore did speak with law enforcement officers and medical personnel. At times McLemore’s responses were appropriate, and at other times his behavior was bizarre. McLemore did appear to be under the influence of drugs and made strange comments about gangsters chasing him and demons attempting to dismember him.
He posted a $1,000 bond and was released from jail on June 25, 2021.
On July 20, 2021, Seymour Police officers responded to an apartment at 390 South Jackson Park Drive after receiving a 911 call. When officers arrived they found McLemore naked and incoherent. McLemore was transported to Schneck Medical Center in Seymour. During a medical evaluation, McLemore assaulted a nurse and he was arrested on charges of battery on a public safety officer and criminal mischief.
On July 29, 2021, McLemore’s attorney filed a motion to determine competency and for insanity evaluation.
McLemore, not having bonded out of jail while his case was pending, was still in custody in the Jackson County Jail as of August 8, 2021.
On August 8, 2021, McLemore was transported from the Jackson County Jail, located in Brownstown, to the Schneck Medical Center, located in Seymour. After Schneck Medical Center personnel determined that McLemore’s medical condition was critical, McLemore was then transported to Mercy West Hospital in Cincinnati, Ohio.
McLemore passed away at the Mercy West Hospital on August 10, 2021.
On August 27, 2021, Jackson County Sheriff Rick Meyer requested that the Indiana State Police conduct the investigation into McLemore’s death. The Jackson County Sheriff’s Department had initiated the death investigation prior to turning over the investigation to the Indiana State Police.
