JACKSON CO. — The Lawsuit filed after the death of Jackson County inmate Josh McLemore has reached a settlement agreement
Inmate Josh McLemore, 29 suffering from an acute mental health crisis and died in August 2021 after spending 20 days in solitary confinement at the Jackson County Jail.
McLemore suffered from multiple organ failure as a result of dehydration and malnutrition after being locked naked in a padded isolation cell for nearly “every second of every day for almost three straight weeks,” according to a complaint filed earlier this year in U.S. District Court in New Albany by Melita Ladner, McLemore’s aunt and the court-appointed administrator of his estate.
On Tuesday, September 5th, U.S. Magistrate Judge Kellie M. Barr announced the court had been notified that the estate had reached a settlement agreement with Jackson County, as well as Jackson County Sheriff Rick Meyer, Jackson County Jail Commander Chris Everhart, night shift Sgt. Scott Ferguson and nurse Milton Edward Rutan.
Judge Barr has given the parties 60 days to file “the appropriate dismissal papers.”
It is unclear how much the settlement is for.
The settlement, however, does not resolve the estate’s lawsuit against Advanced Correctional Health Inc., a contractor that provides medical care for inmates at the Jackson County Jail, as well Dr. Ronald Everson, who is described in the lawsuit as having “policy-making responsibilities” regarding medical care at the jail, arguing that he “was not personally involved” in the alleged constitutional violations and that the medical care he provided to McLemore “was reasonable and within the community standard of care,” according to the court filing.
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.
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.
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.
McLemore passed away at the Mercy West Hospital on August 10, 2021.
