MONTGOMERY COUNTY — The Estate of Hershall Creachbaum Jr. has filed a wrongful death lawsuit against multiple agencies in Montgomery and Clark counties.
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The lawsuit filed Wednesday afternoon by the Wright & Schulte law firm names agencies including the Montgomery County Job & Family Services, Montgomery County Division of Children Services, and Clark County Division of Children Services.
“Attorneys for the estate contend that Hershell’s death was entirely preventable and only happened due to a complete lack of oversight and intervention by officials with Montgomery and Clark County,” a spokesperson for the Wright & Schulte law firm said in a statement to News Center 7.
Court documents allege those named “acted wantonly, willfully, recklessly, negligently and in bad faith ... proximately resulting in the injuries and death of Hershall Creachbaum, Jr.”
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As previously reported, Creachbaum’s mother, Ashley Johnson, and her boyfriend, Michael Kendrick, are facing charges in connection with his death.
The 7-year-old’s remains were found by police in July after concerned family members reported not seeing him for weeks.
Creachbaum’s family has previously told News Center 7 they believe that government agencies failed him.
“We believe children’s services should be held accountable. You had the opportunity to step in and you failed that child on multiple, multiple occasions,” she said.
Creachbaum’s estate is asking for $25,000 in compensatory damages, $25,000 in punitive damages, as well as legal fees for each person named in the lawsuit.
If that were granted, the total amount sought by the estate would be approximately $1.5 million.
Clark County Prosecutor Dan Discroll declined comment to News Center 7 citing pending litigation.
News Center 7 has also reached out to a Montgomery County spokesperson for comment and will update this story when we receive a response.
We will continue to follow this story.
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