Federal Judge Upholds Grave Claims: Las Animas Coroner Faces Lawsuit Over Mishandled Remains

The pursuit of justice for two grieving families has taken a significant step forward as a federal judge has ruled that their harrowing claims against Las Animas County Coroner Donald J. Steerman can proceed to trial. The families accuse Steerman of "conscience-shocking" mishandling of their loved ones' remains, actions that go far beyond mere negligence and strike at the core of human dignity and the sacred trust placed in public officials.

This deeply unsettling case centers on the experiences of the families of David “Andy” Hicken and Kevin Michael Smith, whose post-mortem care allegedly devolved into a bureaucratic and deeply personal nightmare.

U.S. District Judge William J. Martinez delivered a crucial blow to Coroner Steerman’s attempts to dismiss the lawsuits, asserting that the families had sufficiently alleged behavior that could constitute a violation of their Fourteenth Amendment substantive due process rights.

For the Hicken family, their ordeal began when their son, David “Andy” Hicken, passed away in 2018.

They entrusted his remains to Coroner Steerman for cremation and burial. Yet, months later, instead of receiving a proper burial, Hicken’s remains were shockingly returned to his family in a plastic bag, leaving them reeling from the profound disrespect and emotional anguish.

Equally distressing is the case of Kevin Michael Smith, who died in 2019.

His remains were also committed to Steerman's care for burial. Tragically, the Smith family alleges that Kevin's remains were never recovered, leaving them in an agonizing state of uncertainty and unable to find closure for their beloved family member. The pain of not knowing where a loved one rests is an unbearable burden no family should endure.

Judge Martinez’s detailed 26-page order meticulously outlines why these allegations surpass simple errors.

He highlighted that the families' complaints detailed actions that were "deliberate or reckless" and demonstrated a "callous indifference" to the families' rights. Such egregious conduct, the judge noted, could indeed "shock the conscience" of the court and the public, paving the way for the families to seek accountability.

While the claims against Steerman personally will move forward, Judge Martinez dismissed the families' claims against Las Animas County and the city of Trinidad.

The court found no evidence to suggest that the alleged mishandling stemmed from an established policy or custom of either the county or the city, a necessary component for such claims to proceed against governmental entities.

These lawsuits are not merely about financial compensation; they are a desperate plea for justice, for recognition of the immense emotional distress caused, and for accountability from an official entrusted with the solemn duty of caring for the deceased.

The families are seeking unspecified compensatory and punitive damages, along with attorney fees, hoping that their fight will prevent similar atrocities from happening to others.

The incidents involving Steerman are not isolated, with previous reports highlighting concerns over his conduct, including a case of misidentifying a body.

As this case progresses, it casts a critical spotlight on the practices and oversight within the coroner's office, reminding us all of the profound responsibility and sensitivity required when dealing with life's final rites.