Wrongful death lawsuit filed against Eskenazi, Cintas after deadly 2023 attack on Deputy John Durm

INDIANAPOLIS -- The family of John Durm, a Marion County deputy who was strangled to death by an inmate during an escape attempt two years ago, has filed a wrongful death lawsuit against Eskenazi Hospital and Cintas Corporation.




According to a copy of the complaint, which was filed in Marion Superior Court 5 on Monday, Eskenazi employees failed to sufficiently restrain Orlando Mitchell after a medical appointment on July 10, 2023.




At that time, Mitchell was being held on a murder charge for shooting his son's mother outside a daycare in 2022, a crime which Mitchell was sentenced to 66 years in prison on April 1.

Following Durm's death, the Marion County Sheriff's Office faced criticism at the time for how it transported known violent inmates and for failing to ensure the safety of deputies monitoring the inmates.




Previous reporting shows there was a five-minute gap between the moment Durm was attacked and when other deputies on the scene began to provide CPR. Police reports indicated at the time that Mitchell exited the transport van around 11:16 a.m. and wrapped his handcuff chain around Durm's neck.




Durm soon went unconscious before Mitchell took control of the transport van and crashed it into a gate and a utility pole in an attempt to escape. It wasn't until 11:21 a.m. that deputies and a nurse began to perform CPR on the fallen deputy. Durm had worked at the sheriff's office since 1985.




"Prior to Durm Sr. returning from Eskenazi with the violent and dangerous inmate,
while at Eskenazi, an incident took place at Eskenazi which resulted in the unchaining and re-chaining of said inmate, a violent and dangerous prisoner, which ultimately led to and was a proximate cause of Durm Sr.'s death," the complaint said. "Plaintiff alleges said incident involved security personnel or other personnel employed by Eskenazi not properly or sufficiently re-restraining said prisoner after a medical appointment."




The complaint added that Durm's family has incurred medical expenses following his death "as a direct and proximate result of Eskenazi's negligence."




The complaint states that Cintas Corporation allegedly supplied MCSO with "faulty" automated external defibrillators (AEDs) that they failed to "properly maintain."




"Cintas owed a duty to the public, and Drum, Sr., to supply and maintain the AEDs at the Marion County Sheriff's Office and Jail in a reasonably safe, working condition," the complaint reads. "Cintas failed to reasonably supply and maintain the AEDs at the Marion County Sheriff's Office and Jail in a reasonably safe, working condition, breaching its duty, and being a proximate cause of Durm Sr.'s death."

The wrongful death lawsuit also accused security personnel working at Eskenazi of "failing to act reasonably under the circumstances."




The lawsuit is seeking monetary compensation to help cover costs associated with burial and funeral expenses and attorney fees. Mitchell faces murder, robbery and escape charges in connection with Durm's death. A jury trial is currently slated to begin in August.




Eskenazi Hospital told FOX59/CBS4 that it does not comment on pending litigation.









This story will be updated as more information becomes available.





via: https://fox59.com/news/wrongful-death-lawsuit-filed-against-eskenazi-cintas-after-deadly-2023-attack-on-deputy-john-durm/