state laws might not be enforced and the claims of citizens to the enjoyment of rights, privileges, and immunities guaranteed by the Fourteenth Amendment might be denied by state agencies." Monroe, 365 U.S. at 180. I see no reason to deny Rambo this remedy simply because he may have understood the limits of an Illinois police officer's jurisdiction better than Daley and McGinnis. Liability under § 1983 is not predicated on detrimental reliance.
The officers also raise a collateral estoppel defense based on Judge Szwed's finding during the criminal proceedings against Rambo that Daley and McGinnis lacked authority to arrest him and therefore acted as "private citizens." People v. Rambo, Dkt No 92 MC6-003031 (Cir. Ct Cook Cty, 31 Mar 1993) (Preliminary Hearing). Given the foregoing analysis, the reason this argument fails is manifest. In the criminal context, Judge Szwed faced the question of actual authority. Here, the issue is whether Daley and McGinnis acted under color of state law, which they could have done absent actual authority to arrest Rambo in Indiana.
To more fully assess the officers' situation in the liquor store parking lot, it seems worth noting that Daley and McGinnis had no constitutional duty to prevent Rambo from re-entering his car in Hammond. In Reed v. Gardner, 986 F.2d 1122 (7th Cir. 1993), Judge Flaum's majority opinion addressed a situation where a police officer might subject himself to § 1983 liability by not removing an intoxicated driver from an automobile. Reed alleged that police officers knowingly took into custody a sober driver, leaving the ignition keys and an obviously drunk passenger behind in the car. This passenger slid behind the wheel and, approximately two hours later, crossed the center line and collided head on with Reed. Taking all these allegations as true, Judge Flaum concluded that Reed had stated a claim against the officers under § 1983: "By removing a safe driver from the road and not taking steps to prevent a dangerous driver from taking the wheel, the defendants arguably changed a safe situation into a dangerous one." Id. at 1127. Because the officers' actions changed the status quo to the detriment of public safety, they were not shielded by DeShaney v. Winnebago County Dep't of Social Services, 489 U.S. 189, 103 L. Ed. 2d 249, 109 S. Ct. 998 (1989). See also Ross v. United States, 910 F.2d 1422, 1431 (7th Cir. 1990) (distinguishing DeShaney where county alleged to have policy of "cutting off private sources of rescue without providing a meaningful alternative"). The officers here would not have changed the status quo by failing to arrest Rambo, nor would such an omission have constituted action under state law. See Triplett v. Azordegan, 570 F.2d 819, 823 (8th Cir. 1979) (prosecutor outside his jurisdiction had no duty to come forward with exculpatory information at appellant's trial). Had Rambo proceeded to run down, say, several members of the Edmund Burke Society hitching their way to an Iron John retreat in the Indiana wilderness, Daley and McGinnis would have no § 1983 liability to the Burkeans.
However, the DeShaney limitation on constitutional liability fortunately does not define the limits of conscience for most police officers. Had Daley and McGinnis, believing Rambo thoroughly stewed, simply returned to Illinois, leaving the drivers and pedestrians of Indiana to fend for themselves, we might be justifiably disappointed, or even appalled. But like any citizens encountering such a situation, Daley and McGinnis were obliged to proceed in a lawful manner. Whether they did will now be a matter for trial.
As to Count III, the defendants contend they are entitled to summary judgment because they were not deliberately indifferent to Rambo's medical needs during Rambo's detainment after his arrest. Punishment prohibited by the due process clause of the fourteenth amendment includes deliberate indifference to the serious medical needs of pretrial detainees. Brownell v. Figel, 950 F.2d 1285, 1289 (7th Cir. 1991); Salazar v. City of Chicago, 940 F.2d 233, 237-242 (7th Cir. 1991). "Deliberate indifference" is a synonym for reckless or intentional conduct; that is, "conduct that is so dangerous that the defendant's knowledge of risk can be inferred." Brownell, 950 F.2d at 1290. Turning first to an apparent procedural blunder, Rambo has failed to file the statement required by Local Rule 12(n). The rule provides that "all material facts set forth in the statement required of the moving party will be deemed to be admitted unless controverted by the statement of the moving party." The Seventh Circuit has repeatedly upheld strict application of Rule 12(n). See, for example, Brown v. United States, 976 F.2d 1104, 1108 (7th Cir. 1992); Schulz v. Serfilco, Ltd., 965 F.2d 516, 519 (7th Cir. 1992). Even putting this failure aside, Rambo still has the burden to produce evidence establishing each element of his case. Greater Rockford Energy and Technology Corp. v. Shell Oil Co., 998 F.2d 391 (7th Cir. 1993). He may not merely stand on his pleadings, but must allege specific facts which demonstrate that a genuine issue of triable fact exists. Celotex Corp. v. Catrett, 477 U.S. 317, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986).
Rambo submits no sworn affidavits or deposition testimony. His only evidence is a bill indicating that four days after his release from the emergency room at St. Margaret's, diagnostic treatment at the Whiting Clinic indicated that he had fractured ribs. But while this document suggests that Daley and McGinnis may have fractured Rambo's ribs during the arrest, it provides no reason to believe they had any way of knowing this, and neither does Rambo's unsworn allegation that he repeatedly requested medical assistance after the arrest. Rambo never even alleges that he complained of a specific injury.
In fact, by failing to contradict the defendants' 12(m) statement, Rambo effectively admits that St. Margaret's released him after treating his wrist only. The evidence therefore suggests, without contradiction, that if Rambo suffered rib fractures during the arrest, these injuries went undetected by emergency room personnel at St. Margaret's, and were in fact so subtle that Rambo did not seek further treatment for several days. In sum, Rambo presents no evidence that Daley and McGinnis had reason to suspect that he might be seriously injured, or that his injuries were in any way exacerbated by the delay in gaining treatment.
As to Count I, the defendants' motion to dismiss and motion for summary judgment are denied. The motion for summary judgment is granted as to Count III; the motion to dismiss Count III is, therefore, denied as moot. Since Count I survives, the court retains supplemental jurisdiction over the common law claim for malicious prosecution in Count II.
James B. Zagel
United States District Judge
Date 10 May 1994