CINCINNATI — The University of Cincinnati Medical Center is the target of a lawsuit filed Thursday in the U.S. District Court Southern District of Ohio.
Attorneys representing the family of slain Kenton County Detention Center inmate John Daulton filed a suit claiming ineffective treatment of his killer Johnathan Maskiell led to Daulton's beating death in a jail cell in May 2023.
The suit, filed by attorney Dave Blank, claims the Emergency Medical Treatment and Active Labor Act requires hospitals to "stabilize" people who are experiencing "emergency medical conditions," and UCMC staff failed to do that.
Blank said he had an independent doctor, Dr. Andrew Clark, evaluate Maskiell's condition from the days leading up to his May 12, 2023 hospitalization and his May 14, 2023 attack on Daulton, and an affidavit from Dr. Clark said Maskiell "appeared to be acutely and severely psychotic, with active hallucinations, delusions and disorganization. He expressed homicidal ideation to both the psychiatric social worker and the emergency department physician."
Clark said there was no recorded indication that therapeutic steps were taken to stabilize Maskeill during his nearly nine-hour hospital stay.
"Additionally, had Maskiell been properly evaluated, stabilized and treated by the UCMC he would have been hospitalized for at least several days and would not have been able to murder John Daulton on 5/14/2024," the affidavit read.
Blank said the hospital gave Maskiell a single Risperdal pill, placed him into an Uber and sent him to the Talbert House mental health facility at 10:20 p.m. May 12.
He walked out of Talbert House on May 13 and was confronted by Covington police while walking bloodied and shirtless on I-75 around midnight the morning of May 14.
Hours later, he beat Daulton to death.
In newly released body camera footage from inside the jail moments after the assault, he told a jailer why he did it.
"Why did you attack him though?" the jailer asked.
"Because the voices in my head are telling me to," Meskiell replied.
Blank said the system failed Meskiell, which led to Daulton's death.
"They didn't care about him, and that's why we're here," Blank said. "That's why this lawsuit is filed. Nobody cared about him. Not in this case, with the University of Cincinnati and not in the jail case either."
Attorney Paul Hill said the new lawsuit against UCMC didn't absolve the Kenton County Detention Center of responsibility in Daulton's death, and he would continue to pursue his lawsuit on behalf of Daulton's daughter, Tonya Jones.
Hill's lawsuit was filed in 2023 targeting the county, Jailer Marc Fields and other jail staff.
"It's a breakdown of the entire system," Hill said.
Hill said the jail never should have placed a homicidal inmate in an isolation cell with Daulton.
The attorney also said their investigations have revealed a systemic breakdown of information sharing around the jail which could endanger others.
He said the jail doesn't question arresting officers over what to expect from those being brought into the jail.
"They're not taking it seriously," Hill said. "We've now deposed two different Covington police officers who have worked six or seven years. They've testified they've never been asked those questions. Ever."
Both attorneys were seeking compensation and damages and said they hoped the lawsuits would lead to meaningful change to protect others.
Fields declined to comment on pending litigation and forwarded a WCPO request for comment to attorney Chris Nordloh representing the county.
Nordloh issued a statement regarding Hill's allegations:
“The National Crime Information Center (NCIC) database provides incoming prisoners’ criminal histories to arresting agencies and jails nationwide. It did so in this case. Neither of the prisoners involved in the incident had ever assaulted a jail deputy or another prisoner at Kenton County or elsewhere. Kenton County is defending the claims against it and will not be spending taxpayers’ money to resolve a claim that is expected to be dismissed on the merits,” the statement read.
UCMC representatives issued a statement in response to the latest lawsuit:
"UC Health remains committed to providing advanced care for our community and honors patient privacy rights as provided by state and federal law. We cannot share any information per your request and do not comment on pending litigation," the statement read.
Maskiell was sentenced to 25 years in prison in June 2024.
A July 1 trial date has been set for Hill's lawsuit in Kenton County.
Complaint against UCMC by webeditors on Scribd
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