January 20, 2014 at 3:14 p.m.
Family sues former medical examiner, Oneida County
Family sues former medical examiner, Oneida County
The family filed the lawsuit Thursday in Oneida County Circuit Court, one day before England pleaded guilty to two felony counts of misconduct in public office as part of a plea deal.
The civil suit is a separate legal action against England from the criminal case against her. England was charged in January 2012 for using human tissue and part of a deceased person's spine to train her dog to search for cadavers. She resigned after being placed on administrative leave. In October 2012, prosecutors filed additional charges against England alleging she used human remains and tissue without permission to train dogs at a law enforcement training in Madison.
The family's lawsuit arises from that Madison training exercise, and names England in both her personal capacity and as the former county medical examiner. Oneida County is also a defendant.
The lawsuit concerns the body of David Olejnik. The plaintiffs are his parents, Walter and Katherine Olejnik, of Pelican Lake, and his two siblings, Kenneth and Joann.
According to the complaint, Olejnik died of acute bronchopneumonia on May 16, 2011. Upon his death, his family met with England at Ministry St. Mary's Hospital in Rhinelander. England said she needed to take his body for an official autopsy, which the family protested but later "reluctantly relented to," according to the complaint.
More than a year later, in September 2012, police notified the family that England took tissue and organs from Olejnik's body. No one in the family gave England permission to do so, the complaint states.
England used Olejnik's tissue and organs for the law enforcement training in Madison, according to the complaint. The Wisconsin Department of Justice State Crime Lab matched a sample of the tissue and organs used in the Madison training to Olejnik's DNA, the complaint states.
The suit alleges a variety of federal and state claims against England and Oneida County. Among those claims: England and the county deprived the family of their property interest in Olejnik's body, destroyed or abused Olejnik's body, caused negligent infliction of severe emotional distress and acted negligently.
The complaint states that England's conduct "shocks the conscience and obliterates the role of medical examiner that the plaintiffs have a right to expect and receive."
In fact, the complaint states, several family members have sought counseling because of England's conduct.
Olejnik's family filed a notice of claim with the county in March of last year; the county denied the claim, according to the complaint.
The lawsuit does not specify how much money family members are seeking. But the complaint indicates they would like a jury trial. The family is asking for punitive damages, which it says are necessary to punish England and the county and to deter others from repeating what England did.
England has agreed to cooperate with civil litigation as part of the proposed plea agreement in the criminal case against her.
Oneida County Corporation Counsel Brian Desmond, the county's top lawyer, said Monday that an insurance company for the county is reviewing the complaint and will make a recommendation about how the county should respond. Desmond declined to address the allegations in the complaint.
Desmond said he was not aware of any other claims or lawsuits against the county related to England's unauthorized use of human body parts.
England declined comment and referred questions to her attorney, Joel Hirschhorn. In a telephone interview, Hirschhorn said the lawsuit lacked merit.
"It's extremely innovative and clever, but in the end I think it's not actionable," Hirschhorn said. "I seriously doubt if there's a cause of action. It's an unfortunate situation and the interesting thing is when you file a lawsuit, you have to be ready for the pushback."
Hirschhorn declined to provide details as to what kind of "pushback" he was referring to. But he said England has accepted responsibility for what he called "unfortunate and poor judgment."
"None of us would like to have our lives under a microscope," he said.
Jonathan Anderson may be reached at [email protected]
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