Lawsuit: McHenry County jail inmate had known history of seizures, was denied immediate help before death

A McHenry County jail officer saw an inmate “slumped in his cell in medical distress” but, despite knowing he suffered from seizures, did not “immediately” provide help and did not return to his cell for five minutes, according to claims in a lawsuit filed this week by the family of Colton Sabo.

Sabo, 31, of Poplar Grove, was found unresponsive in his cell July 28 and was pronounced dead in the hospital the next day. McHenry County Coroner Michael Rein has said his cause of death is undetermined.

I miss hearing his voice and seeing that smile.”

—  Sara Meyer, Colton Sabo's mother

A lawsuit filed Thursday by the firm Meyer & Kiss LLC on behalf of Sabo’s estate and survivors, and naming Sabo’s father Todd Sabo as the plaintiff, lists McHenry County; Sheriff Robb Tadelman; Wellpath, which is hired to provide medical services to inmates; and a corrections officer as defendants.

Sabo was one of four inmates who died in 2023. Two were medical-related, and one was suicide, the McHenry County coroner said. In 2022, inmate Donald Edward Hamer Jr., 56, of Marengo, died after being transferred from the jail to a hospital. A wrongful-death lawsuit has been filed in that case as well, alleging that he died from a “lack of proper medical care,” according to the filing. That lawsuit is pending.

Sabo’s complaint accuses Tadelman and Wellpath of failing “to implement any meaningful training or provide continuing education to their employees that focused on the signs, symptoms and consequences of medical emergencies.”

Sabo’s death, according to the filing, is “proximately caused by the neglect, default and or willful and wanton conduct of the defendants.”

It also alleges that the officer working in Sabo’s section of the jail “failed to properly monitor and/or report [Sabo’s] declining health.”

It further alleges that Tadelman, who is being sued in his official capacity, “failed to adequately monitor” Wellpath’s contract “even though he had been repeatedly alerted to their pattern of unconstitutional conduct by numerous lawsuits and knew that the jail had become unsafe for those with medical conditions like Sabo.”

When Sabo was booked into the jail Sept. 21, 2022, according to the lawsuit, he informed an officer during his medical intake “that he had medical conditions, including a history of seizures.” On Oct. 1, 2022, while with an employee from Wellpath, Sabo said that “he had suffered three different seizures while incarcerated in” the jail and “had been occasionally ‘passing out,’ ” according to the lawsuit.

Two days later, “Sabo had a mild seizure in front of” another officer who “prevented Colton Sabo from falling down and immediately contacted medical staff,” according to the suit.

During this event, “Sabo’s blood pressure was extremely low, and the incident was documented in his medical chart as a possible seizure.”

Sabo’s mother, Sara Meyer of Rockford, said she did not know her son to have seizures before this time. But in a call from the jail, she said her son told her he was having what he thought were seizures and he had gone to the doctor in the jail but was not receiving any treatment for them.

Sabo, who also complained of gastrointestinal issues “with little to no relief” from Wellpath, was not provided “any treatment or medications related to his seizures,” based on his medical records, according to the lawsuit.

On the day he was found unresponsive, according to the lawsuit, “Sabo had a seizure” in his cell. The officer named in the lawsuit was working in his section of the jail and allegedly saw Sabo’s “medical emergency,” yet “did not immediately contact his supervisor nor medical staff. Instead, [he] returned to his post and used a phone to make some calls. [He] waited nearly five minutes before he went back and checked on ... Sabo,” according to the lawsuit.

During this time, Sabo “remained slumped in his cell in medical distress,” according to the lawsuit. The seizure “interrupted” Sabo’s “breathing, which reduced the oxygen in his blood. ... When medical staff finally arrived at [his] cell, he was unresponsive.”

Sabo was taken to Northwestern Medicine McHenry Hospital, where he “was found to have an anoxic brain injury because of a loss of oxygen to the brain,” according to the lawsuit. He died the next day.

Sabo had been in custody after pleading guilty to violating probation on an earlier conviction of deceptive practices, court records show. He was awaiting transfer to Winnebago County to face other pending charges, including a weapons charge. His death was not reported publicly by jail officials until months later, after inquiries were made by the Northwest Herald.

Todd Sabo of Poplar Grove has said that when he last spoke to his son, he was looking forward to resolving his legal matters and turning his life around.

“I truly miss my son, spending time with him,” Todd Sabo said. “He was truly treated unjustly for what he did.”

His mother and father have said that all they want is answers, and they have not felt they were getting all the details surrounding his death.

“The feelings since he passed have been an emotional roller coaster,” his mother said. “It still doesn’t feel real. With the knowledge we have received or, rather, have not received, the emotions have ranged from total despair to complete outrage and anger. I am angry that this could have possibly been avoided and frustrated that it’s not the first time it has happened there. I miss hearing his voice and seeing that smile.”

Troy Owens, who works in the McHenry County State’s Attorney’s Office and represents the county and the sheriff’s office, declined to comment, saying that he is not aware that the county has been served with the lawsuit and is unaware of its claims.

Attempts to reach Wellpath and its attorneys for comment were not immediately successful. A sheriff’s office spokesperson, Emily Matusek-Baker, wrote in an email Friday the office hasn’t seen the lawsuit and doesn’t comment on pending litigation.