Family sues county, coroner over 'decomposition and degradation' of Butte man's body

A Missoula law firm has followed through on earlier threats and sued Butte-Silver Bow County and its coroner over allegations it allowed a man’s body to suffer “excessive decomposition and degradation” that compromised a medical exam.

The family of 32-year-old Caleb Boelman filed the lawsuit this week in state District Court in Missoula, where they reside, seeking unspecified compensatory damages and court costs.

Its claims mirror those made in a Jan. 2 letter that threatened to sue unless a settlement was reached. The letter suggested the county pay the family $750,000 and make policy changes on handling and storing human remains.

The letter also said Coroner Lori Durkin and a deputy coroner misled family members by saying Boelman had alcohol, methamphetamine, cocaine, fentanyl and a “sex drug” in his system and likely died of an overdose on the night of Aug. 10, only to say later that none of those drugs were found in his system.

The letter was sent to Butte-Silver Bow commissioners, and The Montana Standard was first to report on its allegations last week. On Wednesday, county officials said Durkin had agreed to go on paid administrative leave while the matter is investigated. Former coroner Dan Hollis was appointed interim coroner.

Updated: Butte coroner on leave amid claims her office let a man's body decompose

Missoula attorney Lincoln Palmer said he filed the actual lawsuit on Jan. 29 and he released the following statement from the Boelman family on Friday:

“The January 2nd letter which the Boelman family sent to the Butte-Silver Bow County Commissioners was an attempt to open a dialogue with the County concerning the harms caused by the County Coroner’s negligent handling of Caleb Boelman’s remains, and false and harmful report concerning his cause of death,” it said.

“The Boelman family was hoping to obtain policy change, and assurances from the County that, going forward, the Office of the County Coroner would perform its duties to the public professionally, and in accordance with the law. The County Commissioners ignored the Boelman family’s attempt to open this dialogue, and, as a result, the family has decided to move forward with litigation.”

County Attorney Matt Enrooth said last week county officials do not comment on pending or actual litigation and J.P. Gallagher, Butte-Silver Bow’s chief executive, reiterated that remark on Friday when asked to respond to the lawsuit.

The lawsuit says Boelman was found unresponsive in bed at his Butte home on the night of Aug. 10 and was pronounced dead at St. James Hospital a short time later.

“He was 32 and healthy,” the lawsuit says. “There was no clear cause of death present, such as physical trauma.”

It says the body was transported to county property and when family members arrived from Missoula, they were told they couldn’t see it because it needed to be preserved for an autopsy and would be taken to Missoula the next morning.

“On information and belief, no autopsy of Caleb Boelman’s body was ever performed,” the lawsuit says.

Durkin told family members the body was not properly stored in a cooler “because the person with access/keys to the cooler was gone that weekend,” the suit says.

The improper storage “resulted in significant and out-of-the-ordinary decomposition and degradation of the body,” it says. “The County Coroner told plaintiffs that because the organs were moderately decomposed, the body was not able to be examined properly, therefore the medical examiner could not determine a cause of death.”

Family blames Butte coroner's office for "significant decomposition" of loved one's body

When the body arrived at a Missoula funeral home, family members were told it was unsuitable for viewing but some relatives insisted on seeing it.

“The grotesque nature of the remains, due to the excessive decomposition and degradation, caused the Plaintiffs severe emotional distress,” the suit says.

The lawsuit says Durkin called a family member on Sept. 24 and said preliminary reports showed that Caleb had alcohol, THC, meth and cocaine in his body when he died.

Two family members called Durkin later that day and she reiterated that meth and cocaine or byproducts of cocaine were found. According to the lawsuit, Durkin spoke about people "living a double life," and how it is understandable that Caleb’s family might be unaware of him using hard drugs.

It also says Deputy Coroner Joseph Shagina later called a family member and said Caleb had a “smorgasbord” of drugs in his system that also included fentanyl and a “sex drug.”

But Durkin called later and said none of those drugs were found, according to the lawsuit. Only a trace of THC was found, indicating a “small amount of legal, recreational marijuana.”

The lawsuit says Durkin assured the plaintiffs not long after Boelman died that a full investigation of the death had been completed, but plaintiffs learned later that no police reports were completed and no substantial investigation had occurred.

Several causes of action are listed in the lawsuit, including interference with the personal right to bury the body of a loved one, negligent mishandling and mutilation of human remains and negligent hiring, supervision and training.