Vigo County settles COVID-19 jail inmate lawsuits

Feb. 5—Vigo County has settled federal lawsuits filed by four inmates and another inmate's estate regarding the county's alleged mishandling of the COVID-19 pandemic in the now-former jail off Oak Street in Terre Haute.

Payouts in those settlements included $100,000 in a lawsuit filed by an heir of Frederick Whitlock, an inmate who died.

Whitlock, 56, was sentenced in November 2020 to 22 years in prison after being convicted at trial of aggravated battery in a May 2019 stabbing. He was awaiting transport to the Indiana Department of Correction.

On Dec. 4, 2020, Whitlock collapsed after receiving his breakfast tray and died a short time later. After his death, he was found to be positive for COVID-19.

An autopsy commissioned by Whitlock's family listed his cause of death as asphyxiation secondary to bilateral pulmonary emboli, or a blood clot in the lungs. It listed COVID-19 as a contributory factor.

Whitlock's death stirred questions from the family and from the Reform Movement of Terre Haute about COVID safety protocols in the jail and whether Whitlock received appropriate care.

Shortly after Whitlock's death, the Indiana Department of Health ordered all Vigo County Jail inmates tested for COVID-19, and over 100 inmates tested positive, court documents note.

Latasha Housley, Whitlock's daughter and a legal representative of his estate, sued in U.S. District Court for the Southern District of Indiana. She alleged the sheriff and other defendants failed to provide constitutionally adequate medical care, causing Whitlock's death.

The county sought summary judgment in its favor. Judge James R. Sweeney II in August 2023 held the lawsuit could proceed — but only against John Plasse in his capacity as county sheriff.

Dismissed as defendants were Plasse as an individual, correctional officers Brad Suter and Torrie Switzer as individuals, and 50 unnamed or "John Doe" jail employees.

The judge cited the principle of qualified immunity, which protects governmental officials, including law enforcement officials, from individual liability unless the official has violated an established constitutional right.

Sweeney wrote, "... Qualified immunity is especially appropriate because the defendants are correctional professionals, not health professionals. The undisputed evidence is that the Sheriff relied on the Vigo County Health Department to provide the Jail with recommended COVID-19 protective measures."

However, because there remained disputes of fact regarding whether the sheriff's department's COVID-19 policies caused Whitlock constitutional injury, the lawsuit against the sheriff in his official capacity could continue, the judge ruled.

An order by U.S. Magistrate Judge M. Kendra Klump signed Jan. 26 of this year indicates the parties had reached a settlement, and it gives the plaintiff's attorney 30 days to file final documents.

The Tribune-Star asked for and received the settlement amounts in a public records request.

The other lawsuit settlement amounts were:

—Epple v Plasse, $8,875

—Cheesman v Switzer et al, $8,875

—Gasaway, Aubin and Ware v Plasse et al, $7,500 to each of three plaintiffs.

The Epple case was settled in April 2023, the Cheesman case in February 2023 and the Gasaway case in May 2023, according to court records available online.

Contact Mark Fitton at 812-231-4333 or mark.fitton@tribstar.com.