McCann Suit

Case: 3:11-cv-50125 Document #: 2 Filed: 05/02/11 Page 1 of 20 PageID #:2
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 SHERIFF’S 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 )
RICHARD KRUG, JR., individually )
CARLA BALTHAUS, individually )
and in her official capacity as )
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 decedent’s 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).
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,
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
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 mother’s 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
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 Beitel’s 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.
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.
McCann’s treating medical doctor while he was in imprisoned and in the custody of OCCC and
Defendant, CINDY MONGAN, LPN, was Plaintiff - Decedent, Patrick J. McCann’s, 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. McCann’s, 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 - Decedent’s prison cell.
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 - Decedent’s, Patrick J. McCann’s, 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. McCann’s 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.
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 - Decedent’s, 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. McCann’s,
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 -
Decedent’s 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 - Decedent’s 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.
38. Despite their personal knowledge and observations that they were unable to
handle nor capable to handle Plaintiff - Decedent’s medical condition, Defendants did not
evacuate Plaintiff - Decedent to an Emergency Room and Hospital setting; rather, the Defendants
ignored Plaintiff - Decedent’s serious medical condition and called other county jails and asked
for assistance to care for Plaintiff - Decadent’s 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 Sheriff’s 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 - Decedent’s death was a direct and proximate result of isolating him and
removing him from all available viable and life saving medical treatment.
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 - Decedent’s 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:

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 Sheriff’s Office and Ogle County’s 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 - Decedent’s 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 - Decedent’s 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.

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 - Decedent’s 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.
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 Personnel’s 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 Personnel’s conduct
violated Plaintiff - Decedent’s rights under the Fourteenth Amendment.
61. In refusing to intervene in wrongful conduct of Defendants, John B. Roe and
Sheriff Beitel’s refusal and inability to provide proper medical care to Plaintiff - Decedent, the
individual Defendants and other OCCC Personnel were deliberately indifferent to Plaintiff -
Decedent’s Constitutional rights and basic well-being in failing to remedy the problem.
62. In deliberately ignoring Plaintiff - Decedent’s 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 - Decedent’s 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 - Decedent’s 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.
65. The unlawful failure to intervene is a result of Ogle County and the Ogle County
Sheriff Office’s 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 - Decedent’s 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.
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 - Decedent’s 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,

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. McCann’s 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.

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
Sheriff’s 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.
McCann’s, 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 -
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: minton@mintonlawfirm.com)
Minton Law Firm
1051 Perimeter Drive, Suite 400
Schaumburg, Illinois 60173
(847) 874-7278 Telephone
(847) 874-7042 Facsimile
James J. Macchitelli # 6208773

(Email: jimmymacc@aol.com)
1051 Perimeter Drive, Suite 400
Schaumburg, Illinois 60173
(847) 414-4532 Telephone
(847) 890-6457 Facsimile

McCann Suit

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McCann Suit

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

UNITED STATES DISTRICT COURT

VALORIE R. GREENE - McCANN, )

WILLIAM WHITE, individually )

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

jointly and severally, state as follows:

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

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

asserted herein occurred here as well.

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

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

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

protection under Article II of the United States Constitution.

Article II of the United States Constitution.

personnel in the performance of their duties.

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

individually and in his or her official capacity.

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

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

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

all residents of the United States of America.

Medical Center in Rockford, Illinois after he was stabilized.

incarcerated in the OCCC facility.

his substantial medical risk factors.

he was in custody of OCCC and imprisoned at OCCC.

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

untrained Corrections Officers.

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

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

attention to Plaintiff - Decedent, Patrick J. McCann.

Patrick J. McCann was pronounced dead.

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

medical professional as he required medical specialists.

for assistance to care for Plaintiff - Decadent’s serious medical conditions.

of Plaintiff - Decedent who was an inmate at OCCC.

enforcement of what ever policy in any format may exist.

his death while in the custody and care of Defendants.

shock and mental suffering.

Constitution and the laws of the United States.

reckless, intentional, malicious and in wanton disregard of Plaintiff - Decedent’s constitutional

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

Section 1983 Claim for Cruel and Unusual Punishment

(Against All Individual Defendants)

contained in paragraphs 1 through 46, and further alleges:

enforce those policies.

and deliberately ignored his right to receive proper medical treatments.

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

Amendments and would suffer other serious health problems or death.

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

knowing disregard of Plaintiff - Decedent’s constitutional rights.

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

Section 1983 Claim for Failure to Protect

(Against All Individual Defendants)

contained in paragraphs 1 through 55, and further alleges:

violated Plaintiff - Decedent’s rights under the Fourteenth Amendment.

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

medical care and his need for constant monitoring.

64. In their deliberate indifference to Plaintiff - Decedent’s severe and substantial

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

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

Plaintiff - Decedent’s rights.

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