EAST ST. LOUIS – Chief U.S. District Judge Nancy Rosenstengel ruled that former Madison County Sheriff John Lakin must defend a claim that his office shared liability with a deputy and others for a wrongful death.
“To the extent Lakin argues he is the improper party for this suit, he is wrong,” Rosenstengel wrote.
Plaintiff Stephanie Herrington seeks damages as estate administrator for Jason Strahan, who died in Staunton in 2019.
Rosenstengel found that to the extent Herrington sued Lakin in his official capacity, Madison County is a necessary party only for purposes of indemnification.
“Even so, Lakin remains an appropriate subject of Herrington’s complaint,” she wrote.
Rosenstengel relied on a doctrine of “respondeat superior,” which means letting a higher one respond.
She cited a First District Appellate Court precedent from 2001, reversing a Cook County judge who dismissed sheriff Michael Sheahan from a suit.
In that case, an off duty officer investigating a traffic collision shot a driver in the leg.
First District judges found no dispute that under respondeat superior, an employer may be vicariously liable for actions of employees within the scope of employment.
They found an employer might be held liable even for criminal acts.
Rosenstengel wrote that she had no reason to deviate from that decision.
In Herrington's case, she claims officers pursued Strahan on foot and wrestled him to the ground.
They tased him and restrained him, but he jumped and started to flee.
An officer tackled Strahan, and they pinned him down with heavier restraint.
Strahan stopped struggling and allegedly pleaded for water and air. Herrington claims Strahan had a faint pulse.
An ambulance took Strahan to Staunton Community Hospital, where he later died.
An autopsy indicated blunt force injuries. It also noted the taser marks in his back.
Herrington’s counsel Todd Sivia of Edwardsville sued Staunton and one of its officers, a Benld officer, Lakin and a deputy in 2020.
He alleged wrongful death under state law and excessive force under the U.S. Constitution.
Against Lakin and Staunton, he alleged a pattern and practice of excessive force through failures in hiring, training, supervising, and retaining employees.
Paul Marks of Sivia’s firm later joined him on the docket.
They added a state trooper as a defendant.
The trooper moved for summary judgment, claiming he arrived too late to make a difference.
Rosenstengel denied his motion in her Sept. 29 order.
“While Herrington’s allegations carve out a smaller role for [the trooper] than for other officers, she alleged enough to state a claim for excessive force,” she wrote.
“While [the trooper] missed the prior action, he joined the scene at a critical point,” she added.
Rosenstengel found he was in position to observe Strahan’s movements and breathing.
She found he didn’t attempt to pull officers off Strahan or address his complaints.
She added that Herrington created an inference that the trooper applied unnecessary restraints to a restrained and subdued individual.
Rosenstengel found Herrington created an inference that he participated or sat idly by while officers put pressure on Strahan’s back causing him to stop breathing.
Lakin and Staunton partially prevailed, as Rosenstengel granted summary judgment against claims that their policies produced a pattern and practice of excessive force.
“The listed deficient or unconstitutional policies do not nudge Herrington’s claims from speculative or conceivable to plausible,” she wrote.
She found the fact that Herrington filed nearly identical allegations against Lakin and Staunton reinforced a conclusion that they were boilerplate.
Herrington proceeds on wrongful death counts against all defendants and excessive force counts against the individual officers.
Heidi Eckert of St. Louis County represents Mudd and Lakin.
Joseph Bracey and Michael Victor of Northbrook represent Staunton and its officer.
Charles Pierce of Belleville represents the Benld officer.
Assistant attorney general Jennifer Powell of Belleville represents the state trooper.