Defendants in a federal lawsuit over the beating death of an inmate in the McDonough County jail are denying culpability.
Darrell Hocker, 51, died in the early morning hours of Nov. 8, 2023, after an altercation with Timothy Smith, now 41, in a locked cell. Hocker was repeatedly struck in the head, neck, and chest during the altercation.
The wrongful death lawsuit was filed by Hocker’s daughter on Oct. 16, 2024 and seeks in excess of $75,000 in damages. It alleges her father’s constitutional and civil rights were violated when he was housed in a cell with Smith, a man known to be violent, psychotic, and mentally ill, and who had not undergone a psychological evaluation before he was removed from isolation at the jail.
Named as defendants in the case are McDonough County, Sheriff Nick Petitgout, and individual correctional officers working at the jail.
Both Smith and Hocker were detained at the McDonough County jail on domestic battery charges at the time of the incident, though Smith was also charged with aggravated battery. Smith previously was arrested in February 2023 for domestic battery, cruelty to animals, and unlawful restraint. He was also detained at the McDonough County jail in that case.
In their response to the complaint, filed Jan. 27, the defendants admit that jail staff witnessed a violent outburst from Smith during his first period of detainment in February 2023. They also admit jail staff filed an incident report that documented Smith wanted to be held permanently in isolation because he was having trouble with “his thoughts.”
But they deny jail staff determined that a mental health evaluation was necessary at the time and deny they requested North Central Behavioral Health Systems complete a mental health assessment. They also deny the allegation that they knew at the time that Smith thought he was a Nazi general, had a history of extremely violent behavior, and had threatened to kill someone.
In addition, they deny that a copy of the report related to Smith’s October 2023 arrest, in which he grabbed a woman by the hair at a Macomb business and attacked her, was provided to jail staff at the time of booking and placed in the files of the Sheriff’s Office.
The defendants admit that Hocker had Fourteenth Amendment rights to be free from physical harm while detained at the jail, but deny they made an intentional and reckless decision to lock Hocker in a cell with Smith, putting Hocker at substantial risk of harm.
The response from the defendants also includes several affirmative defenses. They say the jail staff acted reasonably in light of circumstances presented to them, and that under the Tort Immunity Act, public entities and public employees acting in the scope of their jobs are not liable for injury caused by the acts of another person.
Initial disclosures in the case are due Feb. 28.
