'Time to hold somebody accountable': Family sues DOC over suicide at Waupun prison

The family of Dean Hoffmann, who died by suicide at Waupun Correctional Institution last year, filed a lawsuit against the Wisconsin Department of Corrections Tuesday, alleging his civil rights were violated in the months leading up to his death.

The federal lawsuit alleges that prison officials were deliberately indifferent to Hoffmann's serious mental health needs, resulting in his suicide.

In an interview Wednesday, Hoffmann's daughter, Megan Kolb, said it was "time to hold somebody accountable."

"Every day I fight for some type of change within the system and I'm hoping that this really drives that home, and something like this — holding them accountable — will lead to change," Kolb said.

Hoffmann, who was 60 years old at the time of his death, had a long documented history of bipolar disorder and suicidal thoughts, according to family members and medical records reviewed by the Journal Sentinel.

He died by suicide last June, after nine days in solitary confinement. He was serving a 28-year sentence for assaulting and tying up his ex-girlfriend in 2018. It was his first criminal charge.

Hoffmann was the first of three prisoners who have died at Waupun — one of Wisconsin's five maximum-security prisons — since the facility went on lockdown in March of last year. The cause and manner of death in the other two cases remains under investigation.

DOC declined to comment on the lawsuit, as it is the agency's policy not to comment on litigation, according to DOC spokesperson Beth Hardtke.

DOC has previously declined to answer questions about Hoffmann's case, citing health privacy law. A spokesperson previously said the agency "will continue to ensure all acute psychological needs of persons in our care ... are addressed in a timely manner."

Last week, the Journal Sentinel reported that in the two and a half months before Hoffmann's death, prison staff failed to give Hoffmann his bipolar and antidepressant medications as prescribed more than three-quarters of the time, according to investigative records.

Hoffmann's family is being represented by attorney Lonnie Story, who filed a class action lawsuit against the DOC last October alleging “cruel and unusual” conditions at the Waupun.

What does the lawsuit allege?

The lawsuit lists the Department of Corrections, DOC Secretary Kevin Carr, Deputy Secretary Jared Hoy, security director Yana Pusich, psychological associate Dr. Kristina deBlanc, Waupun Correctional Institution Warden Randall Hepp and correctional officer Nathan Pach as defendants.

Upon entry into the prison system in late February of last year, Hoffmann was categorized with the most severe category of mental illness classification at Dodge Correctional Institution, according to the lawsuit.

Last April, Hoffmann was transferred to Waupun, where he never received a psychological examination due to the ongoing lockdown conditions at the prison, the lawsuit alleges. At that time, the prison was also facing severe staffing shortages and its prison population was over capacity.

Despite his prescriptions, Hoffmann was not receiving all his medications, including those for depression, bipolar disorder, diabetes and hypothyroidism, according to the lawsuit.

The Journal Sentinel previously reported that of the 80 days Hoffmann spent at Waupun, records show he received just 18 days worth of his daily bipolar medication and 37 of his daily antidepressant.

On June 20, 2023, Hoffmann was placed in administrative housing — also known as solitary confinement or segregation — for disobeying orders and refusing to lock up in his cell, according to the lawsuit and records. His refusal to return to his cell stemmed from concerns for his safety after his cellmate had threatened him and stole his property, the lawsuit alleges.

The lawsuit claims there is no evidence any medical or mental health paperwork was filled out during Hoffmann's stint in solitary, despite policy requirements, and that there was also no record of Hoffmann receiving psychological services during that time.

The complaint also alleges that an unnamed prisoner overheard Hoffmann telling prison staff he was "hearing voices" and "couldn't sleep" in the days leading up to his death. The same prisoner also said Hoffmann told staff that the voices were telling him to kill himself, the lawsuit states.

The lawsuit alleges that Pach, the correctional officer, heard Hoffmann's complaint and told him "he didn't care."

Pach is currently on administrative leave, according to Hardtke, DOC's spokesperson.

"Mr. Hoffmann had consistently and continuously asked for medical treatment and was displaying serious symptoms of mental illness, including but not limited to severe anxiety, paranoia, pressured speech, poor judgment, poor insight, loss of appetite, weight loss and insomnia," the lawsuit alleges.

But prison staff "denied Mr. Hoffmann the ability to seek adequate mental health treatment and denied him reasonable, routine access to mental health medications," the lawsuit states.

Hoffmann was found dead at around 6:45 a.m. on June 29, 2023.

In the hours leading up to the discovery of his dead body, correctional officers, including Pach, walked past Hoffmann's cell multiple times without observing him and did not provide medication during the morning round, according to the lawsuit.

The correctional officer who discovered Hoffmann's body failed to wear a body camera during his shift, despite DOC rules and regulations, the complaint alleges. The lawsuit does not name the officer.

Contact Vanessa Swales at 414-308-5881 or at [email protected]. Follow her on X @Vanessa_Swales.

This article originally appeared on Milwaukee Journal Sentinel: Family sues Wisconsin Department of Corrections over Waupun suicide