Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

LOVE v. COOK COUNTY

January 28, 2000

TERRANCE LOVE, PLAINTIFF,
V.
COOK COUNTY, ILLINOIS, MICHAEL F. SHEAHAN, SHERIFF OF COOK COUNTY, JAMES W. FAIRMAN, ERNESTO VELASCO, MARCUS LYLES, AND UNKNOWN COOK COUNTY DEPT. OF CORRECTIONS EMPLOYEES, DEFENDANTS.



The opinion of the court was delivered by: Levin, United States Magistrate Judge.

MEMORANDUM AND OPINION

At issue before the court is Defendants', Michael F. Sheahan ("Sheahan"), Sheriff of Cook County, James W. Fairman ("Fairman"), Former Executive Director of the Cook County Department of Corrections, Ernesto Velasco ("Velasco"), Executive Director of the Cook County Department of Corrections, and Marcus Lyles' ("Lyles"), Assistant Executive Director of the Cook County Department of Corrections (collectively referred to as "Defendants") Motion to Dismiss Plaintiff's Amended Complaint.

FACTUAL BACKGROUND

On April 8, 1994, Plaintiff Terrance Love ("Love") entered the Cook County Jail as a pre-trial detainee charged with murder. (Am.Compl. ¶ 14.) Love was originally assigned housing as part of the general population in Division 1, Tier H. On April 1, 1995, Love was moved to Tier B of Division 1 of the general population. Id.

Twenty-seven inmates were initially interviewed regarding the death of Allen Fields. Seven of these inmates were removed from Tier B, inspected and interviewed by detectives and employees of the Cook County Jail. (Id. at ¶ 18.) Five of the seven inmates removed from Tier B had blood stains on their clothing and shoes. Of these five inmates, four were Hispanic and believed to be associated with the Disciples. During their interviews with the investigators, these five inmates claimed that Terrance Love and three other individuals were responsible for killing Allen Fields. (Id. at ¶ 19.)

Based on the accusations by the five aforementioned prisoners, on May 29, 1995, Love was transferred from Tier B to the Division 10 segregation unit of the Cook County Jail. (Id. at ¶ 21.) Love was confined to a cell, which was ten square feet with concrete walls and no windows to the outside. The cell's metal door had a six-inch square window which looked into the interior corridor. Love was kept in this cell for periods of 23 consecutive hours, sometimes longer. He was allowed a maximum of one hour each day out of his cell, during which time he was shackled and prohibited from talking to other inmates or pre-trial detainees. (Id. at ¶ 23.) Love's confinement in the Division 10 segregation unit of the Cook County Jail lasted for more than two and one-half years.

Subsequent to Love's confinement, the five prisoners who allegedly identified Love as one of the men connected to the killing of Allen Fields recanted their statements implicating Love. (Id. at ¶ 25.) Both Love and his attorney filed grievances and wrote letters to each of the Defendants seeking an explanation of his detention and seeking release into the general population at the Cook County Jail. However, they did not receive any response to the inquiries. (Id. at ¶ 29-30.) Love never received a hearing at any time during his segregation.

On February 20, 1998, Love and the three other inmates charged with Allen Fields' murder were brought to trial on those charges. The trial judge dismissed all charges against Love and his co-defendants. (Id. at ¶ 34.) Love was released from segregation at that time.

ANALYSIS

Defendants have filed a Motion to Dismiss Plaintiff's Amended Complaint Pursuant to Rules 12(b)(1) and 12(b)(6). Essentially: Defendants move to dismiss with prejudice Plaintiff's Amended Complaint in its entirety as to Defendants in their official and individual capacities, for lack of jurisdiction over the subject matter and/or for failure to state a claim for which relief can be granted.

I. STANDARD OF REVIEW

On a motion to dismiss, the court takes all of the well-pleaded factual allegations as true and draws all reasonable inferences in the light most favorable to the plaintiff. See, e.g., Wilczynski v. Lumbermens Mutual Casualty Co., 93 F.3d 397, 401 (7th Cir. 1996). A complaint will not be dismissed on a motion to dismiss unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim that would entitle him or her to relief. Id. A complaint need not set forth all relevant facts or recite the law. All that is required is a short and plain statement showing that the party is entitled to relief. FED.R.CIV.P. 8(a); Doherty v. City of Chicago, 75 F.3d 318, 322 (7th Cir. 1996). A plaintiff in a suit in federal court need not plead facts. Conclusions may be pleaded as long as the defendant has at least minimal notice of the claim. FED. R.CIV.P. 8(a)(2); Jackson v. Marion County, 66 F.3d 151, 153-54 (7th Cir. 1995).

The Seventh Circuit has recently held:

Under the federal rule of notice pleading, "`all the Rules require is a short and plain statement of the claim that will give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests.'" Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957) (footnote and citation omitted)) (emphasis added). For fair notice to be given, "a complaint must at least `include the operative facts upon which a plaintiff bases his claim.'" Lucien v. Preiner, 967 F.2d 1166, 1168 (7th Cir. 1992) (quoting Rodgers v. Lincoln Towing Service, Inc., 771 F.2d 194, 198 (7th Cir. 1985)). A plaintiff "need not plead facts; he can plead conclusions. [However,] the conclusions must provide the defendant with at least minimal notice of the claim." Jackson v. Marion County, 66 F.3d 151, 153-54 (7th Cir. 1995). The issue we review is whether "sufficient facts [have been] pleaded to allow the district court to understand the gravamen of the plaintiff's complaint." Doherty v. City of Chicago, 75 F.3d 318, 326 (7th Cir. 1996).

Kyle v. Morton High School, 144 F.3d 448, 454-55 (7th Cir. 1998); See also Bennett v. Schmidt, 153 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.