EAST ST. LOUIS – Jurors in U.S. district court on Aug. 12 cleared Madison County and two jail officers of liability for a suicide attempt that has left Reginald Pittman in a vegetative state for 15 years.
District Judge David Dugan entered judgment for the county, sergeant Randy Eaton, and deputy Matthew Werner on claims of deliberate indifference.
Juries had rendered the same verdict at trials in 2015 and 2018, but Seventh Circuit appellate judges ordered a second trial and a third trial.
In 2007, jail personnel saved Pittman’s life too late to save his brain.
In 2008, his guardian Robin Hamilton of Alton sued the county, sheriff Robert Hertz, many officers by name, and many John Does.
Former district judge David Herndon granted summary judgment to all defendants in 2011, and Hamilton appealed.
Seventh Circuit judges mostly affirmed Herndon in 2014, but ordered trial on deliberate indifference for Eaton and Werner.
The judges found evidence created a genuine issue as to what they knew at the time of their encounters with Pittman.
The judges ruled that the county and Hertz might face vicarious liability.
After they sent Pittman’s case back to Herndon, the clerk transferred it to rookie District Judge Staci Yandle.
She held trial in 2015, and jurors rendered a verdict for Eaton and Werner.
Hamilton moved for another trial and Yandle denied it in 2016.
She found it within the purview of the jury to decide disputed facts and to conclude that neither defendant was aware of a substantial risk.
“They did so and the record supports the jury’s determination,” Yandle wrote.
Hamilton appealed and Seventh Circuit judges Richard Posner and Michael Kanne granted another trial in 2017.
They found Yandle improperly excluded a video of inmate Bradley Banovz, who testified at trial.
They found she brushed aside all reasons why she should have allowed it and she excluded it without giving any reason why it should be excluded.
They found time dimmed Banovz’s recollection and his demeanor at trial was notably different from the video.
Dissenting Circuit Judge Daniel Manion stated any error was harmless.
Yandle held trial in 2018, and jurors rendered a verdict for Eaton and Werner.
Hamilton moved for another trial and Yandle denied it.
Hamilton appealed for another trial and Seventh Circuit granted it in 2020.
They found she incorrectly told jurors to consider whether Eaton and Werner were aware of or strongly suspected facts showing likelihood of harm.
They found she incorrectly told them to consider whether Eaton and Werner consciously failed to take reasonable measures to avert harm.
Circuit Judge Amy Barrett, now at the Supreme Court, wrote that the word “consciously” introduced a subjective element into the inquiry.“This error likely confused or misled the jury,” she wrote.
After the Seventh Circuit sent it back to Yandle, she recused herself and the clerk assigned District Judge David Dugan.
He started trial on Monday, Aug. 8, with eight jurors.
Ross Anderson of East St. Louis opened for Pittman and John Gilbert of Sandberg Phoenix in Edwardsville opened for Eaton and Werner.
Jurors watched Banovz on video and heard excerpts of his deposition on Wednesday but he didn’t testify in person.
Werner testified for himself for five minutes on Wednesday and testified for Pittman for more than 90 minutes on Thursday.
Eaton testified for Pittman for more than an hour on Thursday.
Jurors retired at 3:30 p.m. on Friday, and returned with a verdict at 5:15 p.m.