MONROE - A pending case with similar details to those of Kyle Peotter's death while he was incarcerated in the Green County Jail could decide the outcome of civil action that Peotter's mother and stepfather have brought against local and state government agencies.
Green County Circuit Court Judge Thomas Vale said Tuesday in a status conference he will keep an eye on the Wisconsin Supreme Court's decision on the related case, but until then he will continue awaiting discovery from an ongoing investigation into Peotter's death.
A Monroe County case with similar facts could be taken up by the state Supreme Court in the next few months and would likely negate litigation against local and state governmental agencies in Green County, Vale said.
According to online court records, the Monroe County case currently under appeal in the state Supreme Court seeks to immunize government agencies from fault in a woman's death while incarcerated at the Monroe County Jail in January 2010. Adrianna Seroy, Tomah, died of an overdose of mixed prescription medications that she obtained from another inmate while in custody.
Seroy was jailed on a probation violation for drug charges and shared prescription Xanax pills, an anxiety and panic medication, with a fellow inmate who had work-release privileges and smuggled the drugs into the jail. Seroy subsequently overdosed on the medication and was observed by jail staff the next day as unresponsive with her face covered by a blanket and turned away from the jail door against jail policy, cited by the plaintiffs.
The case was brought forward by Seroy's family representing her estate. The District IV State Court of Appeals ruled in October that jail staff were immune to punishment, but now the case could be accepted by the Wisconsin Supreme Court for review. If the court denies review, then the case could be used as a persuasive argument in other cases but not as concrete law. If the court accepts the case and rules against the appeals court decision, then the Peotter case would continue on and possibly punish state and local governmental agencies.
Peotter, 17, Monroe, was found not breathing in his cell bed on Jan. 30, 2013, and pronounced dead at the jail due to an apparent overdose on methadone, a drug used to treat severe chronic pain and heroin overdose.
Peotter had been in jail for five months before he died, jailed in September 2012 following an arrest for felony charges of vehicle theft and contributing to the delinquency of a minor. His arrest came after a number of run-ins with Monroe police for minor infractions like drawing graffiti, being disorderly and trespassing.
The case has been held up from proceeding due to an ongoing John Doe investigation that has kept details secret to protect witnesses and the detective investigating, who has taken an oath of secrecy.
Peotter's biological father Troy has made attempts to become a co-plaintiff but has yet to retain an attorney because he is incarcerated at the New Castle Correctional Facility in Indiana on an incest and sexual misconduct with a minor conviction. Troy Peotter will be out of jail on June 14, around the time the state Supreme Court could issue a decision to review or deny the Seroy case. Troy Peotter suggested it may be easier for him to wait to get an attorney until he is out of jail and the state comes to a decision. Judge Vale opted to schedule another status conference on Feb. 10, and he said he personally will speak with the District Attorney's office and see when they will be done with the John Doe investigation.
Green County Circuit Court Judge Thomas Vale said Tuesday in a status conference he will keep an eye on the Wisconsin Supreme Court's decision on the related case, but until then he will continue awaiting discovery from an ongoing investigation into Peotter's death.
A Monroe County case with similar facts could be taken up by the state Supreme Court in the next few months and would likely negate litigation against local and state governmental agencies in Green County, Vale said.
According to online court records, the Monroe County case currently under appeal in the state Supreme Court seeks to immunize government agencies from fault in a woman's death while incarcerated at the Monroe County Jail in January 2010. Adrianna Seroy, Tomah, died of an overdose of mixed prescription medications that she obtained from another inmate while in custody.
Seroy was jailed on a probation violation for drug charges and shared prescription Xanax pills, an anxiety and panic medication, with a fellow inmate who had work-release privileges and smuggled the drugs into the jail. Seroy subsequently overdosed on the medication and was observed by jail staff the next day as unresponsive with her face covered by a blanket and turned away from the jail door against jail policy, cited by the plaintiffs.
The case was brought forward by Seroy's family representing her estate. The District IV State Court of Appeals ruled in October that jail staff were immune to punishment, but now the case could be accepted by the Wisconsin Supreme Court for review. If the court denies review, then the case could be used as a persuasive argument in other cases but not as concrete law. If the court accepts the case and rules against the appeals court decision, then the Peotter case would continue on and possibly punish state and local governmental agencies.
Peotter, 17, Monroe, was found not breathing in his cell bed on Jan. 30, 2013, and pronounced dead at the jail due to an apparent overdose on methadone, a drug used to treat severe chronic pain and heroin overdose.
Peotter had been in jail for five months before he died, jailed in September 2012 following an arrest for felony charges of vehicle theft and contributing to the delinquency of a minor. His arrest came after a number of run-ins with Monroe police for minor infractions like drawing graffiti, being disorderly and trespassing.
The case has been held up from proceeding due to an ongoing John Doe investigation that has kept details secret to protect witnesses and the detective investigating, who has taken an oath of secrecy.
Peotter's biological father Troy has made attempts to become a co-plaintiff but has yet to retain an attorney because he is incarcerated at the New Castle Correctional Facility in Indiana on an incest and sexual misconduct with a minor conviction. Troy Peotter will be out of jail on June 14, around the time the state Supreme Court could issue a decision to review or deny the Seroy case. Troy Peotter suggested it may be easier for him to wait to get an attorney until he is out of jail and the state comes to a decision. Judge Vale opted to schedule another status conference on Feb. 10, and he said he personally will speak with the District Attorney's office and see when they will be done with the John Doe investigation.