LORAIN, Ohio — Lorain’s only hospital is accusing the city’s police department and public officials of “discriminatory, retaliatory and constitutionally repugnant” actions against its medical staff.
This week, Mercy Health filed a federal lawsuit in the Northern District of Ohio, claiming its staff refused to follow police orders they believed amounted to “medical battery.” Since the dispute, court documents allege several retaliatory actions against the religiously affiliated hospital.
The lawsuit is connected to a disagreement on Aug. 10, 2024, when officers requested a medical evaluation and cavity search for a man they suspected was hiding a bag of drugs in his rectum. The complaint said staff could not tell from CT scans whether the patient was concealing any foreign objects. When nothing passed naturally, they declined to do a manual cavity search.
When police returned with a search warrant, doctors again refused the procedure, raising concerns about a potential bag rupturing and exposing the patient to a dangerous or lethal substance.
“They’re basically saying that just as a matter of sound medical judgment, this was an unreasonable demand by the police,” said Case Western Reserve University Law Professor Jonathan Entin.
He explained the hospital is arguing its medical staff were exercising their expert discretion and right of conscience.
The lawsuit alleges those rights were met with retaliation.
It said one of the doctors listed in the case claimed he received a phone call from the Lorain Police Chief threatening arrest if he did not comply with the search warrant.
Contempt charges filed against three doctors and the hospital in Lorain County Court are still pending.
In November, Mercy Health claims it received notice from Lorain Police that the department would be de-commissioning the hospital’s police force.
A 2018 agreement by the previous Lorain Police chief permitted the hospital to staff commissioned officers. By 2024, Lorain Hospital’s police force was comprised of 9 police officers, a police chief and an emergency manager. Additionally, it employed 2 full-time security officers and 4 other “as-needed” security officers.
Unlike a security force, commissioned police have arresting power and are required to maintain high-level training and certifications.
In a temporary restraining order filed on Dec. 31, Mercy Health asked the judge to halt the termination of its police department.
“The claim is that the police are threatening to retaliate against the hospital because they exercised what they regarded as sound, professional judgment,” Entin explained.
In court documents, the health system said, “The announcement by Chief James McCann has thrust the safety and operation of the hospital into uncertainty because all nine members of the police force will likely seek out alternative employment as commissioned police officers once their commission at Mercy Health - Lorain Hospital is stripped.”
The court denied the motion for a temporary restraining order, asking the plaintiffs to submit additional documentation for the record.
Mercy Health is a Catholic health system, which the lawsuit points out requires its staff to abide by certain ethical and religious directives. It said religious affiliation protects providers and staff from submitting to procedures they judge to carry excessive risks.
Friday, the health system provided the following statement to News 5:
“Mercy Health is proud of our enduring legacy of Catholic health care in Lorain County, which solidified the ministry’s role as the trusted health care and community partner. Mercy Health is taking legal action to ensure the protection and safety of our patients. Pending resolution in the courts, Mercy Health has a plan in place to assure the safety and security of all who enter our doors.”
No defendants returned News 5’s request for comment Friday.
