‘Deliberate Indifference’ Caused Waupun Inmate’s Death, Suit Charges
Donald Maier's family sues WI Department of Corrections for wrongful death.
The Waupun Correctional Institution on Friday, Oct. 27, 2023, in Waupun, Wis. Angela Major/WPR
Wisconsin’s Department of Corrections is facing another lawsuit over a death at the maximum security Waupun prison.
The wrongful death lawsuit filed last week in U.S. Circuit Court alleges prison workers were deliberately indifferent to 62-year-old Donald Maier’s physical and mental health needs and, as a result, subjected him to suffering that amounted to cruel and unusual punishment.
Maier died in February 2024 of dehydration and malnutrition while he was locked up in solitary confinement.
Maier had delusional disorder and depression, and the prison system classified him as someone with serious mental illness, the federal complaint says.
Even so, the suit says no one entered Maier’s cell in the nine days before he died to provide him with medical care or an in-person evaluation.
The complaint, which seeks an unspecified amount of damages, names roughly three dozen people who worked at Waupun at the time of Maier’s death as defendants.
The lawsuit alleges prison workers ignored signs of distress before Maier died and failed to complete many of their required rounds for checking up on prisoners.
At least two workers falsified records saying that they had completed rounds when they hadn’t, according to lawsuit.
Attorney Jeff Olson filed the suit on behalf of Maier’s mother, Jeannette. He says she’s seeking accountability.
“We hope that the next time somebody like Donald Maier is lying on the floor of his cell not moving, and some correctional officer walks by his cell, the correctional officer doesn’t just keep walking, but does something,” Olson said.
A spokesperson for the Department of Corrections declined to comment on allegations in the lawsuit, citing its ongoing nature.
Lawsuit: Staff failed to follow water shut-off rules before Maier died of dehydration
Six days before he died, Maier flooded his cell, prompting prison workers to shut off his water.
But the suit says workers didn’t always follow policy requirements for water shut-offs, including documenting the shut-offs and notifying higher-ups that the shut-offs occurred.
That resulted in a lapse of communication, which had tragic consequences, the lawsuit alleges.
In the days before Maier’s death, staff briefly turned on Maier’s water at several points, but they never told him that the water was back on, according to the lawsuit.
Staff ignored signs of medical distress and erratic behavior, lawsuit says
Additionally, the suit says no one brought Maier medication for his mental illness or other medical needs during the nine days he spent in solitary confinement before he died.
It says Maier’s behavior became increasingly erratic. He was at times heard “growling and roaring like an animal,” and seen acting like he was swimming in his cell.
He drank out of the toilet, and repeatedly asked for water, according to the lawsuit and a criminal complaint filed last year in Dodge County.
On the day his water was shut off, Maier told Waupun employee Dr. Casey Roca he wanted “water, water, water, all the water in the world,” the lawsuit says.
“Dr. Roca did not respond to this request but ‘redirected’ the conversation,” the lawsuit says. “She passed this request on to the correctional staff but did nothing to follow through in an effort to understand why Mr. Maier was so fixated on a need for water or to ensure that Mr. Maier would receive any water to drink.”
Even though staff knew Maier had not eaten for several days, the suit says workers failed to follow hunger strike protocol. That would have included checking Maier’s vital signs and continuing to check in on his condition daily.
It also says Corrections Officer Jamall Russell, one of the defendants named in the lawsuit, failed to bring Maier multiple meals during his final days in the Restrictive Housing Unit, also known as solitary confinement.
Understaffing contributed to death, attorney says
In an interview with WPR, Olson said he believes solitary confinement is being overused at Waupun. And Olson said lack of human contact must have “played a role” in the deterioration of Maier’s mental health in the days before he was found dead in his cell.
Olson also attributed Maier’s death to overcrowding and understaffing at the prison. He said overburdened employees were more likely to “take shortcuts.”
“This long-term staff shortage and the overwork and resentments of the correctional staff created an atmosphere within which, to those persons working at WCI, it did not seem barbaric for the staff to ignore the fact that Donald Maier was not eating and was not having any water to drink and was eventually unable to communicate his needs,” the lawsuit says.
Criminal charges still ongoing against some former Waupun employees
Many of the people named as defendants in the lawsuit have also been charged criminally.
Dodge County prosecutors filed charges last August against nine people who worked at Waupun in connection with the deaths of Maier and 24-year-old Cameron Williams.
Prosecutors say Williams died of a stroke while incarcerated at Waupun after workers ignored signs of medical distress.
Among the people charged was Waupun’s former Warden Randy Hepp, who pleaded no contest last week to a reduced misdemeanor charge of violating the laws of a state institution.
Last month, a judge dismissed a felony charge against Jeramie Chalker, a Waupun sergeant who had been charged with misconduct in office in connection to Maier’s death.
After initially facing a felony, former Waupun Correctional Officer Sarah Ann Ransbottom took a plea deal and agreed last year to a misdemeanor charge of violating the laws of a state institution.
Criminal cases against other former Waupun employees are still open.
Attorneys representing Waupun employees who were charged in connection with Maier’s death either declined to comment or did not respond to a request for comment from WPR.
Despite calls to close Waupun, governor’s plan would keep facility open
The latest lawsuit is one of many filed over recent deaths at the scandal-plagued Waupun prison.
Litigation is still pending in the deaths of at least three other inmates who died of causes including suicide and drug overdose. Meanwhile, Wisconsin’s governor confirmed last year that federal officials had launched an investigation into allegations that Waupun workers were funneling drugs and other contraband into the prison.
For years, advocates and some lawmakers have called from the closure of the Waupun Correctional Institution, which is Wisconsin’s oldest prison.
In his latest budget request, however, Gov. Tony Evers laid out a plan that would keep Waupun open.
Under that proposal, Wisconsin would eventually close the Green Bay Correctional Institution, another troubled maximum-security facility. And, if the governor’s plan is approved by Wisconsin’s Legislature, Waupun would be converted into a medium-security lockup that focuses on vocational training for the people incarcerated there.
‘Deliberate indifference’ to an inmate’s suffering led to his death at Waupun prison, lawsuit says was originally published by Wisconsin Public Radio.
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