MARIES COUNTY — A lawsuit has been filed in the District Court Eastern District in St. Louis by plaintiff Linda Elmore against the Maries County Commission, Sheriff Chris Heitman and some of his associates in the Maries County Sheriff’s office. The lawsuit alleges the civil rights of Marvin Elmore were violated when he was an inmate in the Maries County Jail and alleges his wrongful death. Linda Elmore seeks not less than $20 million in compensatory and punitive damages. 

The plaintiff’s attorney is James Thomas of Dixon. Linda Elmore is the surviving spouse of Marvin Elmore, according to the court filing. 

Along with the commissioners and the sheriff, also named in the lawsuit as defendants are Sheriff’s Deputy Scott John (although erroneously referred to in the filing as Scott Johnson), Jailer Allyson Racker, and IT Personnel Shane Sweno. 

The lawsuit alleged Elmore’s civil right were violated when medical treatment was withheld from him when he was an inmate in the Maries County Jail on Jan. 25, 2020 and Sept. 8, 2020, which is the date of his death “while in the care and custody of the Maries County Sheriff’s Department.” 

The filing also stated Elmore was a Type 2 diabetic. When he was arrested on Jan. 29, 2020 he was incoherent and was taken to the hospital and his glucose was in excess of 500. The filing alleges the sheriff’s department failed to monitor Elmore’s glucose readings and also failed to give him smaller meals. 

The filing further alleges the Maries County Sheriff’s Office has a policy to recruit and encourage other inmates to assault certain inmates within the jail and that Elmore was one of the targeted inmates. A shower incident was mentioned. The filing alleges on March 10, 2020 he was assaulted by an inmate, received substantial head injuries and was taken to Phelps Health in Rolla. The lawsuit paperwork said on Sept. 1, 2020, Elmore could no longer speak or carry on a conversation while incarcerated. It alleges Deputy John said Elmore was faking it and kicked him several times and said the sheriff’s staff had a lot of work to do. The filing stated Sweno checked his blood sugar and said it was high, and commented he was an old meth head and doesn’t matter anyway. 

The filing also alleges jail video was not preserved of any of Elmore’s falls or the brutality from inmates and the police. On Sept. 8, 2020 he was taken to Phelps Health then air lifted to St. Luke’s Hospital in St. Louis on the same day and he died. 

The court paper said the sheriff’s office had fostered an environment of deliberate indifference. 

The lawsuit asks for damages for funeral expenses and support of what the plaintiff and other beneficiaries have been deprived of. 

Count I in the filing is Violation of Civil Rights and Count II is Wrongful Death. A jury trial is demanded.

At a county commission meeting last week, the commissioners didn’t have much to say about it. Eastern District Commissioner Doug Drewel said the filing was written by the plaintiff’s attorney, is their opinion and one sided. Western District Commissioner Ed Fagre said Sweno is a paramedic and he said he had not said what the filing alleged. Presiding Commissioner Victor Stratman said they have to let it play out. He asked if the county had paid for the autopsy and it was supposed the county had done so, which is over $2,000. 

ARPA money

Vienna Police Chief Shannon Thompson met with the commissioners at last Monday’s meeting. He said Vienna would like to be able to partner with the county to be able to utilize the county’s new CAD system. But, Vienna is struggling to fund the initial, one time installation costs of the software and modems required to be able to use the system in conjunction with the sheriff’s office. 

Chief Thompson had quotes on what is needed. For the Central Square software system and licensing it is $16,039.81, and for in-car modems and installation it is $2,800 for a total request of $18,839.81. The commissioners agreed to purchase it for the city and voted in favor of a motion for it.

GVEZ

The commissioners approved and signed a memorandum of agreement between Maries County and the Gasconade Valley Enterprise Zone. 

Panic buttons

IT Manager Shane Sweno met with the commissioners. He said the panic buttons have been fixed, but the radio is only putting out eight of the 50 watts possible due to lightening damage to the antenna from a previous event. He will get quotes for fixing and moving the antenna. 

MOCA Mobile Office

Stratman reported on the July schedule for the MOCA Mobile Office to be at locations in Maries County.

In Vienna the mobile office will be at G&W Foods, 407 Independence Lane, on Wednesday, July 6 and July 20 from 9:30 a.m. to 3:30 p.m. These Wednesdays are the first and third and this is the mobile office schedule for Vienna.

In Belle the mobile office will be at Heartland Regional Library, 206B S. Alvarado Avenue on Wednesday, July 13 and July 27 from 9:30 a.m. to 3:30 p.m. These Wednesdays are the second and fourth and this is the mobile office schedule for Belle.

The purpose of the mobile office is to provide services to MOCA clients who can’t or have difficulties coming to the office in Richland. 

Community services programs include Head Start, LIHEAP, which is assistance in paying utility bills, Section 8 Housing, Weatherization and SAFHR applications, which is state assistance for housing relief for persons needing assistance paying rent or utilities. 

MOCA’s mobile office will be closed from 12 to 12:30 p.m. for lunch. For safety of staff and customers, MOCA’s mobile office will not be traveling if local school districts are closed for weather.