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ASHFORD v. UNNAMED COOK COUNTY CORRECTIONAL OFFICERS

United States District Court, N.D. Illinois, Eastern Division


December 1, 2004.

GREGORY L. ASHFORD, NIKITUS CROSS, DANIEL JIMERSON, and RUFUS WILLIAMS, Plaintiffs,
v.
UNNAMED COOK COUNTY CORRECTIONAL OFFICERS, COOK COUNTY SHERIFF, and COUNTY OF COOK, Defendants.

The opinion of the court was delivered by: JAMES MORAN, Senior District Judge

MEMORANDUM OPINION AND ORDER

Plaintiffs sue for alleged injuries suffered as a result of various civil rights violations. Cook County moves to dismiss, contending that it is not liable for the actions of persons employed by the Sheriff of Cook County and, besides, plaintiffs have not alleged that they complied with the exhaustion requirement of the Prison Litigation Reform Act.

The County is not itself liable for the conduct of the Sheriff's employees, but it is an indispensable party because it must pay any settlement or judgment. Carver v. Sheriff of LaSalle County, 324 F.3d 947 (7th Cir. 2003). It is a defendant only for Carver purposes. Failure to exhaust is an affirmative defense (and here more properly raised by the Sheriff since the County is merely a stakeholder). It probably is better practice for plaintiffs to allege compliance, but here they have made it clear that they believe they have complied. If they are wrong, we expect some defendant will be so alleging. The motion to dismiss is denied.

20041201

© 1992-2004 VersusLaw Inc.



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