BELLEVILLE – A resident at a Chestnut Health Systems group home claims she was raped by a schizophrenic resident with a known history of violence against women.
Plaintiff Jennifer A. Wagner filed a lawsuit in the St. Clair County Circuit Court against defendants Chestnut Health Systems, Inc. and Mark E. Franklin.
According to the lawsuit, Franklin was a resident at a group home operated by Chestnut Health Systems. Franklin was diagnosed with schizophrenia and was required to receive special care and prescribed medication for his condition, the suit states. Franklin had previously been hospitalized after he was deemed to be a danger to himself and others. He also had also been previously accused of committing an act of criminal violence against a female, according to the suit.
The plaintiff states that she was also a resident at the group home and had become acquainted with Franklin in 2020. According to Wagner, Franklin told her on July 18 that he had not taken his medications in more than a month. Three days later, Franklin allegedly tried to kiss Wagner, but she rebuffed his advances and left his room. Wagner claims that on July 22 Franklin entered her room without permission while she was sleeping. Wagner claims Franklin refused to leave her room and raped her.
Wagner immediately reported the incident to a Chestnut employee, who allegedly that told Wagner that she was the only employee on duty because no one else showed up.
The lawsuit accuses Chestnut Health Systems of negligently failing to ensure that Franklin took his medications, failing to hire and train adequate staff members to prevent violent assaults, carelessly permitting Franklin to be a resident at the group home when he had a known propensity for violence and was a danger to other residents, and failing to advise Wagner of Franklin's history of violence.
The plaintiff is seeking damages for her injuries, plus court costs and any other relief the court deems proper. She is represented in this case by attorney David C. Nelson of Nelson & Nelson, Attorneys at Law in Belleville.
St. Clair County Circuit Court case number 22LA0622