A northern Minnesota county and a Minnesota-based medical provider have agreed to pay $2.6 million in a settlement over the 2018 death of an inmate at Beltrami County jail.
Hardel Sherrell, 27, had been in the county jail nine days when he died. After becoming ill with numbness and pain in his chest and lower limbs, he was placed under the care of Dr. Todd Leonard and the staff of Mend Correctional Care, which provided contracted medical services to the jail.
Sherrell's mother, Del Shea Perry, filed a wrongful death suit in federal court in September 2019. While Sherrell received some medical care, Perry and her attorney, Zorislav Leyderman, said that it was inadequate, that Sherrell's complaints were repeatedly dismissed and that he was accused by jail staff of faking some of his symptoms.
Perry and Leyderman said Sherrell died of Guillain-Barré syndrome, a rare disorder that causes the immune system to attack nerves, resulting in weakness that turns into complete paralysis. Its cause is unknown, but it can be preceded by infections.
"No amount of money can bring Hardel back to his parents, children, loved ones and friends," Perry said in a statement sent to the Star Tribune. "While our wrongful death lawsuit is coming to conclusion, our fight for justice is far from over. We will not stop fighting until those responsible for Hardel's death are brought to justice. And we will not stop fighting until we end the cycle of senseless jail deaths that has plagued our state and destroyed families for so many years."
The lawsuit claimed the county and Mend Correctional Care violated Sherrell's constitutional rights "through their deliberate indifference towards Sherrell's serious medical needs."
An investigation by the Minnesota Board of Medical Practice found Sherrell "endured days of suffering, begging those responsible for his care — medical providers and correction officers alike — for help that never came."
Leonard is the owner and president of Mend and at the time was the chief medical officer for the company. Although he never met Sherrell, the board said he had a duty, as the doctor in charge, to make sure that Sherrell was receiving proper medical attention from Mend's health care workers. After its investigation, the board indefinitely suspended Leonard's medical license and fined him $30,000.
The settlement agreement, signed by a district court judge on Feb. 27, outlines how the $2.6 million will be divided among Sherrell's family, including his three daughters, as well as cover legal fees and pay for a new headstone.
Jason Hiveley of Iverson Reuvers, the attorney for Beltrami County, said the county and its insurer have agreed to pay $500,000 to Sherrell's estate in exchange for a release of any claims or actions stemming from Sherrell's death.
An attorney representing Mend, which will pay $2.1 million in the settlement, did not respond to a request for comment.
After Sherrell's death, Perry began advocating for the health and safety of incarcerated people. In 2021, the Legislature passed a law in Sherrell's name that set new standards for mental health, suicide prevention and other health practices.
Last year, a number of Minnesota counties cut ties with Mend, citing concerns over unprovided services and potential legal liability following Leonard's suspension.
Leonard was also sued by the family of a Sherburne County inmate who died by suicide in 2017; that case was settled in 2021 with the county and Mend agreeing to pay $2.3 million to the man's family.
In February, Minnesota Attorney General Keith Ellison announced his office will review Sherell's death for the consideration of criminal charges. The state's Bureau of Criminal Apprehension completed its investigation of Sherrell's death in August and referred the matter to the Beltrami County attorney, who then requested Ellison assist in reviewing the case.
