Family sues Elkhart, Marion counties, arguing inmate died due to lack of care

The family of a man who died in custody is suing Elkhart and Marion counties, claiming their jails failed to provide proper psychiatric care, which led to his death.  

The family of Thomas Ricke also accuses Wellpath LLC, of the same thing. Wellpath is contracted to provide medical care to inmates in both counties.  

“Tommy should be alive today,” attorney Sam Harton said in a press release. “The institutions and individuals responsible for his care had full knowledge of his medical history but did not provide the healthcare he needed.”

Harton, an attorney with Romanucci & Blandin, is representing plaintiff Melissa Ricke in the case.

Ricke died of dehydration and hypernatremia in May 2025. He had entered the Marion County Community Justice Center the previous September and had previously been diagnosed with schizophrenia and bipolar disorder.

Ricke was serving jail time after being arrested for criminal trespassing, according to MyCase. 

Ricke’s family said that both Marion County officials and Wellpath staff knew that Ricke had mental health issues and had been prescribed medication. Despite this, Ricke was never assessed by a psychiatric care provider or prescribed psychiatric medication, court documents state.  

Ricke was discharged from jail in October 2024 but was readmitted a few more times. The third time, he was reported to be acting “aggressive and delusional,” according to court documents. 

During that admission, Ricke was seen by several mental health providers who did not have medical training, could not prescribe medication and did not develop a treatment plan for him, the lawsuit states.  

He was placed on suicide watch, and his psychiatric condition deteriorated, according to the lawsuit.  

On May 7, 2025, Ricke was transferred from Marion County to the Elkhart County Correctional Center.

In his transfer to Elkhart County, Wellpath staff who worked with Ricke in Marion County failed to share with staff in the other jail any information about Ricke’s deteriorating mental and physical condition, the lawsuit states.  

Upon arriving in Elkhart County, Ricke was put on suicide watch, but his family said he was not treated with needed urgency. A Wellpath staff member developed a treatment plan for Ricke but did not take steps to ensure Ricke he was evaluated by a psychiatric provider immediately, according to court documents. 

As someone with schizophrenia, Ricke had to be urged to eat and drink, but his family said staff did not make sure he was doing that.  

Ricke rang for help as many as 27 times while in custody in Elkhart County, according to the lawsuit.

On the morning of May 11, staff discovered Ricke dead in his cell. His family noted that while Ricke was supposed to be on a 15-minute suicide watch, staff found his body already in rigor mortis, which typically sets in two to six hours after death. 

His family is suing both counties and their sheriffs, who are in charge of jail operations, for negligence, willful and wanton conduct and violations of the Fourteenth Amendment and the Americans with Disabilities Act. 

They’re also suing Wellpath for negligence and for violations of the Fourteenth Amendment. According to the complaint filed by Ricke’s family, Wellpath has been served with more than 1,500 lawsuits alleging inadequate medical care for incarcerated individuals. 

In one case, Wellpath was ordered to pay $4.5 million to the family of a man who died from dehydration while in custody in Benton County, Washington.

Elkhart County Sheriff Jeff Siegel declined to comment on the allegations. The Marion County Sheriff’s Office and Wellpath did not immediately respond to requests for comment from The Indiana Lawyer. 

The case was filed on Sept. 25 in the U.S. District Court for the Northern District of Indiana. The case is Melissa Ricke, as Personal Representative of Thomas Ricke, deceased v. Wellpath LLC, f/k/a Correct Care Solutions LLC; Elkhart County; Elkhart County Sheriff Jeff Siegel; Marion County; Marion County Sheriff Kerry Forestal et al, 3:26-cv-01413.