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$862,500 Settlement in Mentally Ill Ohio Jail Prisoner’s Death

A settlement of $862,500 has been reached in the death of a mentally ill prisoner who died at Ohio’s Summit County Jail (SCJ).

While acting in a delusional and disoriented manner, Mark D. McCallaugh, 28, was arrested on August 7, 2006, by Akron police. Once he was booked into SCJ, his medical and mental health treatment was overseen and provided by the Psycho-Diagnostic Clinic, Community Support Services, Inc., and Summit County Alcohol, Drug Addiction and Mental Health Services Board.

For the next two weeks, McCallaugh was provided care for his mental illness that fell beneath the accepted standard of care. On August 20, McCallaugh was observed bleeding from a previously lacerated wrist injury and acting in an agitated manner in his cell.

Between 5:30 p.m. and 7:05 p.m., McCallaugh met the force of an extraction team. Over that time, he was forced to “undergo and endure physical beatings, 4 taser shocks, pepper spray, leg shackles, bilateral handcuffs behind his back, 4- point restraints and injections of Geoden and Antivan. At 7:05, he was found to be in cardiopulmonary arrest, and was pronounced dead at a local hospital after resuscitation efforts failed.

The complaint filed in federal court alleged claims of excessive force, failure to train and supervise staff, and state law claims of assault and battery, negligence, wrongful death and survivorship. The matter settled on October 29, 2009. The McCallaugh estate was represented by Cleveland attorney David M. Paris.

See: McCallaugh v. Office of County Executive Summit County, USDC, N.D. Ohio, Case No. 5:07cv2341.

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Related legal case

McCallaugh v. Office of County Executive Summit County

Please see the brief bank for documents related to this case.