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CHANEY v. CITY OF CHICAGO

August 2, 1995

ALBERT CHANEY, Plaintiff,
v.
CITY OF CHICAGO, et al., Defendants.



The opinion of the court was delivered by: MARVIN E. ASPEN

 MARVIN E. ASPEN, District Judge:

 Plaintiff Albert Chaney brings this two-count complaint under 42 U.S.C. § 1983 and various provisions of Illinois law. Presently before the court are defendant Michael F. Sheahan's motion to dismiss, defendant James Collins' motion to dismiss, and defendant George F. Nichols' motion to dismiss and motion to decline supplemental jurisdiction. For the reasons set forth below, defendant Sheahan's motion to dismiss is denied, defendant Collins' motion is denied, and defendant Nichols' motion to decline supplemental jurisdiction is granted, and his motion to dismiss is stricken as moot.

 I. Background1

 In 1990, a double homicide and sexual assault occurred on the north side of Chicago. Over two years later, in October, 1992, plaintiff Albert Chaney was arrested for the crimes. According to the allegations of the complaint, the arrest was made without a warrant and without probable cause, as Chaney does not fit the physical description of the assailant. Chaney asserts that the arrest was, in part, the result of a "de facto" policy of the City which encourages officers to disregard the civil rights of arrestees. According to Chaney, the City uses a point system as a means of evaluating its police officers, in that officers with low point totals are evaluated less favorably than those with high point totals. *fn2" Chaney asserts that this point system has given rise to an implied policy, whereby police officers effectuate unlawful arrests to inflate their respective point totals.

 Following his arrest, Chaney was incarcerated in the Cook County Department of Corrections ("CCDOC"). Chaney claims that, during the period of incarceration, various County officers violated his civil rights. Specifically, he maintains that immediately prior to his incarceration, he underwent surgery on his feet. Chaney asserts that he requested necessary post-surgical medical treatment from defendant James Collins at the Cook County Jail on December 28, 1992, but that the requested treatment was not provided until November, 1993. In addition, Chaney claims that he was bitten by a rat on June 8, 1993, and that he was denied medical treatment for three days. Finally, he asserts that deputy D. Angel kicked him in the foot "with the intent to cause pain and bodily harm."

 In November, 1993, authorities concluded that Chaney was not, in fact, the assailant, and released him from custody. He subsequently brought the present action against the various individuals he claims participated in the alleged deprivations of his civil rights, as well as the City of Chicago, Cook County, and Cook County Sheriff Michael F. Sheahan. On December 22, 1994, we dismissed Cook County from this action, but denied the City's motion to dismiss. See Chaney v. City of Chicago, 1994 U.S. Dist. LEXIS 18277, No. 94 C 4482, 1994 WL 724879 (N.D. Ill. Dec. 22, 1994). Chaney soon thereafter voluntarily dismissed both the City and the City of Chicago police officers, leaving only Cook County Sheriff Michael Sheahan, deputies Collins and Angel, and James Nichols, Chaney's appointed public defender, as named defendants in this action.

 II. Motion to Dismiss Standard

 A motion to dismiss should not be granted unless it "appears beyond doubt that the plaintiff can prove no set of facts in support of his claims which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 2 L. Ed. 2d 80, 78 S. Ct. 99 (1957); see also Beam v. IPCO Corp., 838 F.2d 242, 244 (7th Cir. 1988); Ellsworth v. City of Racine, 774 F.2d 182, 184 (7th Cir. 1985), cert. denied, 475 U.S. 1047, 89 L. Ed. 2d 574, 106 S. Ct. 1265 (1986). We take the "well-pleaded allegations of the complaint as true and view them, as well as reasonable inferences therefrom, in the light most favorable to the plaintiff." Balabanos v. North Am. Inv. Group, Ltd., 708 F. Supp. 1488, 1491 n.1 (N.D. Ill. 1988) (citing Ellsworth).

 III. Discussion

 A. Defendant Sheahan's Motion to Dismiss

 Based upon an extremely (perhaps overly) broad reading of Chaney's complaint, Sheahan has moved to dismiss any claim brought against him under 42 U.S.C. § 1983, based upon quasi-judicial immunity, Eleventh Amendment immunity, failure to allege a policy or custom which caused any constitutional deprivation, and failure to allege Sheahan's personal involvement in the alleged deprivation. In addition, Sheahan moves to dismiss Chaney's state law claim, which is grounded in 55 ILCS 5/3-6016. Whatever confusion is engendered by the breadth (or lack thereof) of Chaney's complaint is cured in Chaney's response to Sheahan's motion, in which he disclaims any reliance upon § 1983, and indicates his intention to proceed solely upon the state law claim against Sheahan. And with respect to that claim, Sheahan's motion must fail. The relevant statute provides:

 
The Sheriff shall be liable for any neglect or omission of a duty of his or her office when occasioned by a deputy or auxiliary deputy, in the same manner as if his or her own personal neglect or omission.

 55 ILCS 5/3-6016. As the Illinois Appellate Court has noted, the statute only applies to the extent a complaint alleges that a deputy was negligent; it does not impose liability on the sheriff for a deputy's intentional or wanton misconduct. J.P. Miller Artesian Well Co. v. County of Cook, 39 Ill. App. 3d 1020, 352 N.E.2d 372, 373 (Ill. App. Ct. 1976). Sheahan suggests that Chaney's complaint only alleges intentional conduct on the part of the deputies at the CCDOC. With respect to Deputy Angel, Sheahan is correct. The complaint clearly alleges that ...


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