Waupun Correctional Institution, photographed in 2017 (Wisconsin Department of Corrections photo)

A federal civil rights lawsuit was filed Thursday over the death of Joshua Botwinski, 43, at Waupun Correctional Institution (WCI). The lawsuit named Randall Hepp and Yana Pusich as defendants, the then-warden and then-security director of the prison. 

According to the lawsuit, Botwinski suffered from a severe drug addiction and from mental illness at all times while serving his prison sentence at WCI. It says he died of a fentanyl overdose.

The lawsuit alleges prison staff known to be smuggling drugs were assigned in proximity to Botwinski. It also alleges a failure to order Botwinski into close observation until drug smuggling could be controlled. 

The DOC’s online offender locator dates Botwinski’s death on January 19, 2023. Botwinski is at least the eighth incarcerated person to die at the prison since 2023. The death of Damien Evans, 23, was at least the seventh death at the Waupun prison since 2023, according to reporting from the Milwaukee Journal Sentinel earlier this year. 

Another man incarcerated at Waupun, Tyshun Lemons, died on Oct. 2, 2023 when he overdosed on a substance containing fentanyl, the Examiner reported. 

The estate of Joshua Botwinski is the plaintiff for the lawsuit, by special administrator Linda Botwinski. The lawsuit alleges Hepp and Pusich were deliberately indifferent to a serious medical need, knowingly created a danger for Botwinski and knowingly failed to protect him from danger. It argues that their alleged deliberate indifference caused Botwinski’s death. 

In January, the Milwaukee Journal Sentinel reported that nearly a dozen prison employees had resigned or been fired since the U.S. Department of Justice’s launch of a probe into a suspected smuggling ring within the prison.  

In September, William Homan, a former facilities repair worker at WCI, pleaded guilty to smuggling contraband in exchange for bribes. A sentencing memorandum by prosecutors said the presence of contraband in WCI contributed to a “lack of institutional control.” 

In late April, Hepp was convicted of a misdemeanor and fined $500 in the death of Donald Maier, who was incarcerated at WCI. 

A sentencing memorandum by a lawyer for Hepp said that in March 2023, “conditions and actions of the inmate population created an environment that posed an immediate threat to the safety of the staff and inmates while also threatening the security of the institution.” 

The memo said Hepp put the prison in modified movement, “at times referred to as a ‘lockdown.’” 

“This led to an investigation of the conditions and a search of the institution,” the memo said. “Information and physical evidence that was developed revealed a level of corrupt behavior taking place that was historical in scope involving trafficking of illegal drugs, cellular telephones, finances, and other contraband.”

The sentencing memo from Homan’s case said the lockdown involved incarcerated people “being confined to their cells twenty-four hours a day except for medical or other emergencies.”

“As part of its efforts to reestablish control, a facilitywide search was conducted, resulting in the recovery of numerous cellular phones, controlled substances, and other contraband,” the memo said. “WCI provided information obtained from its investigation to the Federal Bureau of Investigation (FBI), which included information that WCI staff were receiving bribes in exchange for smuggling in contraband.”

The lawsuit alleges that before Jan. 19, 2023 — and therefore before the lockdown and investigation — “via the reports they received from staff, both Pusich and Hepp knew that illegal drug use was rampant at WCI, and they knew that prison staff was smuggling drugs into WCI.”

Lawsuit includes alleged timeline leading to overdose

The lawsuit alleges that on August 15, 2022, WCI officials found out that Botwinski was under the influence of drugs. Botwinski tested positive for opiates and stimulants. 

Incidents of prisoners being under the influence of drugs “is automatically reported to Pusich as security director,” and Pusich would report incidents of prisoners using illegal drugs to Hepp, the lawsuit alleges. 

Before Jan. 19, the day of Botwinski’s death, Pusich and Hepp knew illegal drug use was “rampant” at the prison, the lawsuit alleges. 

“From the reports of drug use and overdoses, they knew that inmates had an almost unfettered access to drugs in prison,” the lawsuit alleges. “Botwinski’s access to drugs in WCI was greater than his access to drugs outside of WCI.”

The lawsuit alleges that Hepp and/or Pusich assigned prison staff known to be smuggling drugs into the prison in proximity to Botwinski. It alleges that they knew placing staff who smuggled drugs into the prison in Botwinski’s proximity would lead to overdose. 

According to the lawsuit, staff observed Botlinski in his cell at about 5:10 p.m. 

“At about 6:45 p.m., Botwinski was discovered in his cell: he had been the victim of a drug (fentanyl) overdose, from which he died,” the lawsuit says. 

The Wisconsin Department of Corrections did not immediately respond to a request for comment from the Examiner.