INDIANAPOLIS — The family of John Durm, a Marion County deputy who was killed by an inmate two years ago, has filed a wrongful death lawsuit against Eskenazi Hospital and Cintas Corporation.
The lawsuit, submitted to Marion Superior Court 5, claims that employees at Eskenazi failed to properly restrain Orlando Mitchell after a medical appointment, leading to the events that resulted in Durm's death.
On July 10, 2023, Durm was escorting Mitchell, who was charged with murdering the mother of his child, for which he was recently sentenced to 66 years.
During the transport back from the hospital, the family alleges that Mitchell was not securely restrained, even though he had a history of violent behavior.
Video footage shows the moment of the attack. As Durm opened the van's door to let Mitchell out, the inmate moved behind him and used the chain of his handcuffs to choke Durm.
The lawsuit points out that Mitchell had somehow managed to free himself from his restraints, which should have kept him secure.
After attacking Durm, Mitchell stole the deputy's keys, jumped into the van, and crashed it nearby.
The lawsuit states that Eskenazi Hospital's staff did not properly restrain Mitchell after his medical appointment, which is believed to have directly contributed to Durm's death.
Additionally, Cintas Corporation is also being sued for supplying faulty Automated External Defibrillators (AEDs) to the sheriff’s office. The family claims that these unmaintained devices may have reduced the chances of saving Durm’s life during the emergency.
The family is seeking damages that include medical expenses, funeral costs, and compensation for the emotional impact of their loss. They have also requested a jury trial to hold accountable those they believe are responsible for the circumstances leading to Durm’s death.
In response to inquiries about the lawsuit, a representative from Eskenazi Hospital stated, "Eskenazi Health does not comment on litigation."
WRTV is waiting to hear back from Cintas Corporation.
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