08-07-2025
Family of Marion County deputy files wrongful death lawsuit against Eskenazi and Cintas
The family of Marion County Deputy John Durm filed a wrongful death lawsuit against the Eskenazi Hospital and Cintas Corporation on July 7, almost two years after an inmate killed the officer in a failed jail escape.
The lawsuit filed in the Marion County Court claims Eskenazi's security personnel and employees failed to properly restrain the inmate, Orlando Mitchell, after he left his medical appointment, and that Cintas Corporation failed to maintain medical devices in the jail that could have saved Durm's life.
The lawsuit alleges that the hospital breached its duty to act "reasonably under the circumstances when it instructed its security to help Durm, Sr., un-restrain and re-restrain" Mitchell, who was known to be a "dangerous inmate."
At the time of the 2022 incident, Mitchell was awaiting trial on charges that he had shot Krystal Walton, the mother of his son. He has since been sentenced to serve 66 years for Walton's death.
Mitchell allegedly strangled Durm to death on July 10, 2023, inside the Marion County Jail's vehicle port on the return trip from Eskenazi Hospital. Durm had opened the van doors when Mitchell used the chains linking his handcuffs to choke Durm, according to court records.
Durm struggled for a couple of minutes to remove the chain from around his neck, but Mitchell stayed on top of him until Durm stopped moving.
Mitchell then entered the transport van and drove through the gates of the Community Justice Campus before crashing into a utility pole just outside the parking lot.
Durm was left lying unresponsive in the jail port for several minutes before another officer found his body and a jail nurse attempted CPR.
The lawsuit claims that because Eskenazi security personnel failed to sufficiently restrain Mitchell, the hospital ultimately failed its "duty to Durm" and by proxy caused his death.
In addition, the lawsuit argues that Cintas Corporation failed to maintain the automated external defibrillator it had supplied to the Marion County Sheriff's Office in "working condition" and in doing so failed their "duty to Durm" and by proxy caused his death.
The family is hoping to receive monetary compensation to help cover costs associated with medical, funeral and estate expenses and attorney fees, the lawsuit says.
On July 10, 2023, Mitchell was charged with two counts of murder, one count of robbery resulting in serious bodily injury and escape in connection with the killing of Durm. Mitchell is expected to go to trial in August of 2026, according to court documents.
Contact IndyStar reporter Noe Padilla at npadilla@ follow him on X @1NoePadilla or on Bluesky @
This article originally appeared on Indianapolis Star: Family of Marion County Deputy John Durm files wrongful death lawsuit
