11 Apr Joliet man files federal lawsuit against Will County jail, …
A Joliet man filed a federal lawsuit against the Will County jail, the sheriff and a deputy chief over allegations that he was not taken to his son’s funeral service when he was in jail on drug possession charges, court records show.
Shane E. Mitchell, 41, initially filed a lawsuit against the jail and sheriff’s office in Will County court but a judge granted his motion to dismiss the case without prejudice, court records show. The judge allowed Mitchell to file an amended complaint by the next court hearing in June.
On Feb. 20, Mitchell filed a pro se complaint against the jail, Will County Sheriff Mike Kelley and Deputy Chief Dale Santerelli, the jail’s warden.
As with Mitchell’s Will County lawsuit, his federal complaint alleges that deputies were supposed to transport him to his son’s funeral on Aug. 10, 2019, at Parkwyn Funeral Home and Crematory, 6901 Roosevelt Road, Berwyn.
Mitchell was arrested on March 23, 2019, on drug possession charges and he had been in the jail for about five months at the time of his son’s funeral.
Judge Amy Bertani-Tomczak ordered the Sheriff’s Office to transport Mitchell to his son’s funeral service on Aug. 10, according to court records.
Mitchell’s federal complaint claimed the jail staff did not comply with Bertani-Tomczak’s order. His complaint asks for $1 million in damages.
Mitchell was released from jail on April 3 after he posted 10% of his $50,000 bond, court records show.
Assistant State’s Attorney Kevin Meyers filed a motion to dismiss Mitchell’s lawsuit in Will County court that argued Mitchell made a mixture of allegations and legal conclusions that were not sufficient for the case.
Meyers argued Mitchell’s lawsuit presented “various legal and factual conclusions, which he asserts entitle him to recovery.”
Mitchell filed a motion in response that claimed he was never given an explanation from the deputies as to why they didn’t take him to his son’s funeral. Mitchell’s motion claimed this caused him to suffer and endure a “plethora of mental abuses.”