McDonough County Settles Fatal Police Chase Lawsuit for $1,500,000 — Mellenthin v. County of McDonough, No. 4:23-cv-04187

McDonough County’s insurer is paying $1,500,000 to end a federal wrongful death lawsuit over a January 2023 sheriff’s pursuit that killed 35-year-old James Mellenthin. Of that, $973,047.42 goes to his three children. The other $526,952.58 covers attorney fees and litigation costs. The county denies any wrongdoing.

This wasn’t a class action, so there’s no claim form to file. If you’re here because a family member died in an Illinois police pursuit, skip to the steps below.

McDonough County Police Chase Settlement — Key Facts

Settlement Amount	$1,500,000
Paid By	An insurance provider (per Tri States Public Radio)
Defendant Paying	McDonough County, Illinois
Case Name	Tammy Mellenthin, as Administrator and Personal Representative of the Estate of James F. Mellenthin v. The County of McDonough, et al.
Case Number	No. 4:23-cv-04187-SLD-JEH (as captioned in the September 30, 2024 order)
Court	U.S. District Court, Central District of Illinois, Rock Island Division
Judge	Sara Darrow
Case Type	Individual wrongful death and civil rights suit. Not a class action
Law Alleged	42 U.S.C. § 1983 (Fourth and Fourteenth Amendments); Illinois wrongful death and survival claims
Claim Form or Deadline	None. Only the estate and the children are involved
Liability	McDonough County denied all liability and wrongdoing
Settlement Approved	August 2026 (exact date UNVERIFIED — docket entry not reviewed)
Last Updated	September 28, 2026

What Happened in the McDonough County Pursuit on January 27, 2023?

James Mellenthin died on January 27, 2023, when his car crashed on U.S. Route 67 in Scotland Township during a chase by McDonough County sheriff’s deputies. WQAD reports the deputies were trying to stop him while he faced domestic battery charges involving the mother of his children.

The court order in the case lays out the complaint’s version of events. Macomb police had allegedly called off their own pursuit, and a Macomb lieutenant allegedly ordered officers to stand down. The complaint says Deputy Evan Schmalshof and Deputy Nicholas Ruggio joined the chase anyway, without being asked and without supervisor permission.

It also says Schmalshof reached 140 miles per hour, crossed into the oncoming lane, and steered into Mellenthin’s car at over 100 miles per hour in an attempted “PIT” maneuver. The car rolled over and Mellenthin died.

Those are allegations, and the judge treated them as true only for the purpose of ruling on a motion to dismiss. No court found them proven, and the county never admitted them. But they explain why the case lasted nearly three years.

What Did the Federal Court Decide in Mellenthin v. County of McDonough?

Tammy Mellenthin, James’s mother, filed suit on October 26, 2023, as administrator of his estate. Her 11-count amended complaint followed on January 30, 2024. Four counts were federal civil rights claims under Section 1983, and the rest were Illinois wrongful death, survival and indemnification claims.

On September 30, 2024, Judge Darrow ruled on the defendants’ motion to dismiss, and the result was mixed.

• Fourteenth Amendment claim (Count I): Dismissed without prejudice. The court said the deputy’s alleged intentional ramming was a “seizure,” so the Fourth Amendment governs, not substantive due process
• Fourth Amendment claim against Schmalshof (Count II): The court found the complaint plausibly alleged an unreasonable seizure. But it dismissed the claim with prejudice because he was entitled to qualified immunity
• Claims against McDonough County and the sheriff’s office (Counts III and IV): These survived, to the extent they rested on the Fourth Amendment
• Illinois state-law claims: These stayed in federal court

Here’s what qualified immunity means in plain English. Officers can’t be held personally liable for money damages unless they broke law that was “clearly established” at the time. The judge said Ms. Mellenthin’s lawyers pointed to only one district court decision, which wasn’t enough.

That’s the part most people miss. The court said a municipality doesn’t get qualified immunity. So while the deputy was shielded on that federal claim, the county stayed exposed.

Who Gets the $1,500,000 McDonough County Settlement?

According to Tri States Public Radio, which reported the terms of the settlement agreement, Ms. Mellenthin agreed to dismiss the sheriff’s office and both deputies in exchange for the county’s payment. The money is going to James Mellenthin’s three minor children, apart from legal costs.

Item	Amount
Structured annuities for the children (annual, monthly and deferred lump-sum payments)	$825,000.00
Cash proceeds for the children, under Madison County probate court supervision	$148,047.42
Total to the children	$973,047.42
Attorney fees	$500,000.00
Litigation expenses	$26,952.58
Total to attorneys and expenses	$526,952.58
Settlement total	$1,500,000.00

The attorneys’ $500,000 is exactly one-third of the settlement, matching the contingency agreement TSPR described. That’s a standard arrangement. But it’s worth seeing next to what the children receive.

The Illinois Wrongful Death Act says recoveries in these cases are for the benefit of the surviving spouse and next of kin. When minors are involved, courts commonly supervise how the money is held, which is what the probate court’s role appears to be here.

Does the McDonough County Settlement Affect You?

Almost certainly not directly. It’s a private settlement between one estate and one county, so there’s nothing to claim, no eligibility test, and no opt-out or objection window.

It could matter to you in three ways. If you’re a McDonough County taxpayer, the reported funding source is an insurer, though we couldn’t verify what portion, if any, the county itself pays. If you live in Illinois, the case shows how federal courts treat police-chase claims. And if a relative died in a pursuit, it’s a roadmap of what a case like this looks like.

Did someone in your family die or get hurt in a police pursuit? Then the questions below matter, and the clock is already running.

What Should Illinois Families Do After a Fatal Police Pursuit?

1. Watch the two-year deadline. Under the Illinois Wrongful Death Act, an action generally must be commenced within 2 years after the death. There’s a 5-year window for deaths resulting from violent intentional conduct, so ask a lawyer which rule fits
2. Open an estate. Wrongful death suits are brought by the personal representative. Our Probate section explains how administration works
3. Preserve evidence early. Dash camera video, radio traffic, pursuit policies and crash reports were central here. Ask a lawyer about public-records requests
4. Talk to a civil rights or wrongful death attorney before anyone offers a release. Don’t sign anything from a county or insurer without advice
5. Expect court supervision if children are involved. Money for minors is often placed under a probate court’s oversight, as it was here
6. Know the limits. The Wrongful Death Act says punitive damages aren’t available in an action against a unit of local government or its employee in an official capacity. That change applies to actions filed on or after August 11, 2023, which includes this October 2023 filing

Not sure whether a police pursuit death or injury in your family gives you a claim? A free consultation with a civil rights or wrongful death attorney can explain your options before the two-year deadline passes. You can also browse our Personal Injury and Government & Civil Rights sections for related coverage.

McDonough County Police Chase Case — Key Dates

Milestone	Date
Pursuit and James Mellenthin’s death	January 27, 2023
Federal complaint filed	October 26, 2023
Amended 11-count complaint filed	January 30, 2024
Ruling on motion to dismiss (Counts I and II dismissed)	September 30, 2024
Settlement order approved by Judge Darrow	August 2026 (exact date UNVERIFIED)
Settlement reported publicly	September 25, 2026
Payment date	UNVERIFIED — not reported

McDonough County Police Chase Settlement — Frequently Asked Questions, No. 4:23-cv-04187

Who receives the McDonough County $1,500,000 settlement?

 James Mellenthin’s three minor children receive $973,047.42 in annuities and cash. Attorneys receive $500,000 in fees and $26,952.58 in expenses, according to Tri States Public Radio’s review of the settlement agreement.

Did McDonough County admit fault in the Mellenthin lawsuit?

 No. The agreement says McDonough County denied all liability and wrongdoing and settled to avoid further litigation costs.

Is Mellenthin v. County of McDonough a class action?

 No. It’s an individual wrongful death and civil rights suit brought by Tammy Mellenthin as administrator of her son’s estate.

Who is paying the McDonough County settlement? 

An insurance provider is funding the $1,500,000, per Tri States Public Radio. We couldn’t confirm the insurer’s name or any county contribution.

What happens to the deputies named in the McDonough County lawsuit?

 Claims against Deputy Evan Schmalshof, Deputy Nicholas Ruggio and the McDonough County Sheriff’s Office are dismissed under the settlement.

Why did the court dismiss the Fourth Amendment claim against Deputy Schmalshof?

 Judge Darrow ruled on September 30, 2024 that he was entitled to qualified immunity because the plaintiff didn’t show clearly established law. The court still found the complaint plausibly alleged an unreasonable seizure.

How long do Illinois families have to sue over a death in a police pursuit?

 The Illinois Wrongful Death Act generally sets 2 years from the date of death, with a 5-year window for deaths from violent intentional conduct. Federal civil rights claims can follow different timing, so get legal advice early.

Can families recover punitive damages from an Illinois county in a wrongful death case?

 Not under the Wrongful Death Act, which bars punitive damages in actions against a unit of local government or its employee in an official capacity.

Sources Used in This McDonough County Article

• U.S. District Court, C.D. Ill. (Rock Island Division) — Order on Motion to Dismiss, Mellenthin v. The County of McDonough, No. 4:23-cv-04187-SLD-JEH, September 30, 2024: https://www.courtlistener.com/opinion/10178405/mellenthin-v-the-county-of-mcdonough/
• Tri States Public Radio — “McDonough County settles fatal high-speed chase lawsuit for $1.5 million,” September 25, 2026 (reports the settlement agreement’s breakdown): https://www.tspr.org/tspr-local-news/2026-09-25/mcdonough-county-settles-fatal-high-speed-chase-lawsuit-for-1-5-million
• WQAD — “Mother of man killed in McDonough County police chase settles lawsuit for $1.5 million”: https://www.wqad.com/article/news/local/mother-of-man-killed-in-mcdonough-county-police-chase-settles-lawsuit-for-15-million/526-6353160a-f069-420d-bc48-0840d05379fe
• Illinois General Assembly — Wrongful Death Act, 740 ILCS 180: https://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. Facts verified against the U.S. District Court’s September 30, 2024 order in No. 4:23-cv-04187, the Illinois Wrongful Death Act and Tri States Public Radio’s report on the settlement agreement, as of September 28, 2026. Last Updated: September 28, 2026.

This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. For advice about your specific situation, consult a qualified attorney.