County officials settle lawsuit in death of mentally ill man held in isolation for 20 days

Kristine Phillips, Indianapolis Star
Updated ·3 min read

Jackson County officials have agreed to settle a lawsuit over the death of a mentally ill inmate who was kept in solitary confinement at the Southern Indiana county jail for nearly three weeks.

Joshua McLemore was locked naked in a small, windowless isolation cell for 20 days following his arrest on July 20, 2021. McLemore, who had a history of schizophrenia and substance abuse, died of multiple organ failure on Aug. 10, 2021 after losing almost 45 pounds.

The federal lawsuit filed in April alleged that officials at the Southern Indiana jail failed, over and over again, to provide adequate treatment to McLemore as he deteriorated in plain view of jail officials and security cameras.

Lawsuit Mentally ill man isolated in jail cell for 20 days without care before he died

In a constant state of psychosis, McLemore barely slept and, instead, spent hours staring into space, screaming, laughing, talking, gesticulating, sitting up and lying down, often covered in his own waste, the complaint says. He ate and drank very little of whatever the jail staff slipped through a slot in his cell door. Instead, he threw his meals on the floor and sometimes nibbled on the Styrofoam boxes his food came in.

Joshua McLemore, 29, died of multiple organ failure after he was kept in an isolation cell at Jackson County Jail in Brownstown, Indiana, about 70 miles south of Indianapolis, for 20 days. In a constant state of psychosis, McLemore barely ate, drank or slept during this those days, according to a federal lawsuit accusing jail officials of failing to provide adequate medical and mental health for McLemore.

By Aug. 8, 2021 ― his 20th day in the isolation cell ― McLemore had lost almost 45 pounds and was severely emaciated. That day, according to the complaint, jail staff finally called an ambulance.

McLemore was taken off life support two days later.

It's unknown how much Jackson County is agreeing to pay as part of the settlement. The attorneys for Jackson County officials did not immediately respond to requests for comment. Hank Balson, a Seattle attorney who represents McLemore's estate, said he can't discuss the settlement at this time.

The case against the other defendants, Advanced Correctional Healthcare, Inc. and the jail's physician, are still pending, although the parties also appear to be working toward reaching a settlement. The parties are asking to push filing deadlines to November to allow the plaintiff's attorneys to obtain more information they need to make an "informed, meaningful settlement proposal," according to a motion filed Friday.

Joshua McLemore is pictured shortly before he died at Mercy West Hospital in Cincinnati. The 29-year-old died of multiple organ failure after he was kept in an isolation cell at Jackson County Jail in Brownstown, Indiana for 20 days, according to a new federal lawsuit alleging violation of his constitutional rights.
Joshua McLemore is pictured shortly before he died at Mercy West Hospital in Cincinnati. The 29-year-old died of multiple organ failure after he was kept in an isolation cell at Jackson County Jail in Brownstown, Indiana for 20 days, according to a new federal lawsuit alleging violation of his constitutional rights.

Advanced Correctional Healthcare, Inc., a Tennessee-based private contractor, provides healthcare services to Jackson County Jail and about 370 other correctional facilities in 21 states.

Across Indiana's jails, a crisis fueled by overcrowding, widespread staffing shortages and an influx of people with mental health and substance abuse problems has led to hundreds of deaths. More than 300 inmates died from 2010 to 2021, an IndyStar investigation found. Many, like McLemore, were held on low-level charges and had not yet had their day in court.

McLemore was raised in Long Beach, Mississippi. He loved to read, play chess and video games, and watch sports. At some point, he and his girlfriend, Abigail Smith, moved to Texas. Smith died in a car crash in 2019.

Joshua McLemore is pictured with his girlfriend, Abigail Smith, sometime in 2019. McLemore, 29, died of multiple organ failure after he was kept in an isolation cell at Jackson County Jail in Brownstown, Indiana for 20 days, according to a federal lawsuit alleging violation of his constitutional rights.
Joshua McLemore is pictured with his girlfriend, Abigail Smith, sometime in 2019. McLemore, 29, died of multiple organ failure after he was kept in an isolation cell at Jackson County Jail in Brownstown, Indiana for 20 days, according to a federal lawsuit alleging violation of his constitutional rights.

McLemore moved to Indiana in late 2020 and settled in Seymour, about halfway between Indianapolis and Louisville. He was taken to the hospital in July 2021 after a maintenance employee at his apartment found him lying on the floor, naked and confused. Police arrested him at the hospital after pulling a nurse's hair, according to court records.

McLemore's mother, Rhonda McLemore, died unexpectedly about a year and a half after losing her son.

Joshua McLemore is pictured with his mother, Rhonda McLemore. Joshua McLemore, who had a history of mental illness, died after he was kept in an isolation cell at Jackson County Jail for three weeks, according to a federal lawsuit alleging violation of his constitutional rights.
Joshua McLemore is pictured with his mother, Rhonda McLemore. Joshua McLemore, who had a history of mental illness, died after he was kept in an isolation cell at Jackson County Jail for three weeks, according to a federal lawsuit alleging violation of his constitutional rights.

Contact IndyStar reporter Kristine Phillips at (317) 444-3026 or at kphillips@indystar.com.

This article originally appeared on Indianapolis Star: Lawsuit settled in death of Joshua McLemore at Jackson County Jail