According to a report from Muddy Rivers News, the family of an inmate who was killed at a local jail in Illinois is pursuing a civil wrongful death lawsuit. Darrell Hocker was killed in an attack by another inmate at the McDonough County Jail. That other inmate, Timothy Smith, has now been convicted of murder. The family of Mr. Hocker is awaiting the sentencing of the assailant and is pursuing a wrongful death claim against the facility. Here, our Chicago wrongful death attorney provides an overview of the key issues in this case.
Man Murder By Cellmate at McDonough County Jail
In November of 2023, Darrell Hocker, a 50-year-old inmate at the McDonough County Jail in Macomb, Illinois, was found fatally beaten inside his cell. Investigators determined that his cellmate, Timothy L. Smith attacked him in the early morning hours. Mr. Smith reportedly struck the victim repeatedly in the head, neck, and chest. Jail staff discovered the assault during a routine security check. Sadly, they found Mr. Hocker unresponsive. He was taken to McDonough District Hospital, where he was pronounced dead. An autopsy confirmed that he died from blunt-force trauma that was fully consistent with a severe beating. Mr. Smith was charged with two counts of first-degree murder. After initially being ruled unfit to stand trial, he later faced a retrial in federal court proceedings. On August 27th, 2025, a jury found him guilty but mentally ill of first-degree murder. That is a conviction, though his mental illness is relevant for sentencing. The court concluded that although he suffered from mental illness, he was still criminally responsible. Mr. Smith is scheduled to be criminally sentenced October 16th, 2025.
Wrongful Death Allegations: Jail Failed to Provide Proper Protection
The family of the victim has gotten some semblance of justice through the criminal process. However, that is not sufficient. They are also pursuing a civil wrongful death claim. The family of Darrell Hocker alleges that the McDonough County Jail failed in its duty to protect him from foreseeable harm. According to the wrongful death complaint, correctional officials knew or should have known that Timothy L. Smith posed a serious risk to other inmates due to his documented history of mental health instability and prior violent behavior.
However, despite this fact, the staff placed Mr. Hocker and Mr. Smith in the same cell without adequate screening, monitoring, or supervision. The wrongful death lawsuit contends that the jail’s failure to separate high-risk detainees or conduct timely safety checks constituted gross negligence and deliberate indifference to inmate safety. These are violations under Illinois law. The wrongful death complaint further asserts that correctional officers ignored warning signs before the fatal attack and failed to intervene quickly enough once the assault began. The family argues that these systemic lapses directly caused Mr. Hocker’s preventable death.
Key Things to Know About Wrongful Death Claims Against Correctional Facilities in Illinois
A local, state, or federal correctional facility can be held liable for a wrongful death through a civil claim. Though, there are some unique laws that apply in these cases. Indeed, wrongful death claims involving jails raise complex questions of state tort liability, constitutional rights, and governmental immunity. Here are some key things that grieving families should know about the law:
- The Statutory Basis for Wrongful Death Lawsuits: Illinois recognizes wrongful death claims under the Illinois Wrongful Death Act (740 ILCS 180/1 et seq.). The statute allows the personal representative of the deceased to seek damages for the benefit of surviving family members when a death results from another party’s negligent or wrongful act.
- The Duty of Care Owed to Inmates: Correctional facilities and their personnel owe a legal duty to safeguard inmates from unreasonable risks of harm. Under both Illinois common law and 42 U.S.C. § 1983, jail officials must take reasonable steps to prevent assaults, suicides, and medical neglect. While not every injury gives rise to liability, deliberate indifference to known risks is a violation of an inmate’s constitutional rights.
- Sovereign Immunity and its Limits: Correctional entities are protected by the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101 et seq.). The law shields government employees from liability for discretionary acts performed in good faith. However, immunity does not apply where conduct amounts to willful and wanton negligence.
- Standard of Proof (Deliberate Indifference): To succeed, plaintiffs must establish that jail officials knew or should have known of a substantial risk of harm and consciously disregarded it. In federal § 1983 cases, this “deliberate indifference” standard requires showing more than mere negligence. Instead, it demands proof of subjective awareness of the danger and failure to take reasonable protective measures.
- Statute of Limitations: Procedural Requirements and Notice:
- Claims against public entities must comply with strict filing procedures. Under Illinois law, wrongful death suits generally must be filed within two years of death. For constitutional claims under § 1983, the same two-year statute of limitations applies. An experienced Chicago, IL wrongful death attorney can help you navigate these requirements.
Why Trust Our Chicago Wrongful Death Lawyers
The loss of a loved one is a horrible tragedy. That is true no matter the circumstances. It is especially heartbreaking when their death could have been prevented if only the proper care had been taken. At Kennedy Watkins LLC, our Chicago attorneys are leaders in wrongful death claims. With a proven history of verdicts and settlements and a commitment to justice, we put grieving families first. Our Chicago wrongful death lawyers provide free, confidential initial consultations.
Contact Our Chicago, IL Wrongful Death Attorney Today
At Kennedy Watkins LLC, our Chicago wrongful death lawyer is standing by, ready to advocate to protect your rights and your interests. If you have any questions about a wrongful death claim, please do not hesitate to get in touch with us for a free, fully confidential consultation. With an office in Chicago, we represent grieving families throughout the region in Illinois.