The opinion of the court was delivered by: JAMES HOLDERMAN, District Judge
MEMORANDUM OPINION AND ORDER
Plaintiff Addie McCall, ("McCall"), individually and as Mother
and Next Friend of Charles Jackson ("Jackson"), filed a first
amended complaint on February 18, 2005 against defendants Michael
F. Sheahan in his official capacity as Sheriff of Cook County,
Cook County Correctional Officer Joseph Gambino ("Gambino"), and
other Cook County Correctional Officers (collectively
"defendants"). (Dkt. No. 53). The defendants filed the pending
motion on March 31, 2005 for summary judgment. (Dkt. No. 63). The
defendants also filed the pending motions to strike portions of
McCall's Local Rule 56.1 material on May 19, 2005. (Dkt. No. 77,
79). For the reasons set forth below, this court grants in part,
and denies in part, the defendants' motion for summary judgment
and denies the defendants' motions to strike.
Unless otherwise noted, the parties agree to the following
facts. Jackson was arrested by the Chicago Police on June 22,
2001 and detained in the Cook County Department of Corrections
from June 23, 2001 until his death on August 26, 2001. (Dkt. No.
65 at ¶ 12-13). During early August 2001, Jackson began to
experience headaches, sharp backaches and was up at night moaning in pain. (Dkt. No. 67 at ¶ 3). Jackson started to fill
out medical request forms during late July or early August 2001.
(Id. at ¶ 5). McCall asserts that Jackson requested medical
attention from correctional officers during this time period of
late July to early August 2001 and that correction officials
refused to offer him medical attention. (Id. at ¶¶ 4-7).
The parties agree that Jackson was taken to Cermak Health
Services at some point in August 2001 (Dkt. No. 67, at ¶ 8; Dkt.
No. 81 at ¶ 8), saw a doctor and then later an ophthalmologist
who examined Jackson's swollen eye. (Dkt. No. 67, at ¶ 10; Dkt.
No. 81 at ¶ 10). The parties disagree over almost everything else
related to this visit including the date that it occurred,
whether Jackson was suffering from bacterial sinusitis, whether a
doctor could have identified that illness (assuming that Jackson
was suffering from it), what other treatment Jackson received,
whether the ophthalmologist recommended other treatment,
specifically an x-ray, and the physical location of Cermak Health
The parties agree that by August 24, 2001, two days before
Jackson's death on August 26, 2001, Jackson had contracted
meningitis. (Dkt. No. 67, at ¶¶ 13; Dkt. No. 81 at ¶¶ 13). McCall
asserts that Jackson would have been exhibiting symptoms of his
illness including increasing confusion, change in mental status,
becoming more sleepy, a stiff neck and fever. (Dkt. No. 67, at ¶
13). McCall argues that Jackson had additional symptoms including
the swelling of his eye to the size of a tennis ball, he was
disoriented and slow, could not hold onto his belongings and had
a bad odor. (Id. at ¶ 14). Furthermore, McCall argues that the
correctional officers were aware of Jackson's condition because
Jackson interacted with the correction officers, the other
prisoners located with Jackson informed the officers of his
condition, and Jackson's sickness was so apparent that the
correction officers had to be aware of it when they performed
their routine inspections.
Finally, McCall argues that on the night of Jackson's death,
the entire tier of prisoners were very aware of Jackson's
condition and his immediate need for medical attention, were
screaming, chanting and complaining in an attempt to get Gambino,
the officer on duty, to come and help Jackson but Gambino failed
to do so. McCall also argues that Gambino failed to perform the
routine checks of the tier, including Jackson's cell, and
falsified his report. (Dkt. No. 67, at ¶ 52).
The defendants dispute McCall's version of the events. They
assert that Jackson never asked for medical attention. The
defendants also challenge McCall's version of events arguing that
much of McCall's Local Rule 56.1 material should be stricken.
(Dkt. Nos. 77, 79).
McCall filed her first amended complaint on February 18, 2005.
(Dkt. No. 53). Count One is a § 1983 claim for deliberate
indifference against Gambino and other unknown correctional
officers, Count Two is a Monell claim against Sheahan in his
official capacity, and Count Three is a state law wrongful death
claim against Gambino and other unknown correctional officers.
Under Rule 56(c) of the Federal Rules of Civil Procedure,
summary judgment is proper "if the pleadings, depositions,
answers to interrogatories, and admissions on file, together with
the affidavits, if any, show that there is no genuine issue as to
any material fact and that the moving party is entitled to a
judgment as a matter of law." Fed.R.Civ.P. 56(c). In ruling on
a motion for summary judgment, the evidence of the nonmovant must
be believed and all justifiable inferences must be drawn in the
nonmovant's favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). This court's function is not to weigh
the evidence and determine the truth of the matter, but to
determine whether there is a genuine issue for trial. A party who
bears the burden of proof on a particular issue, however, may not
rest on its pleadings, but must affirmatively demonstrate, by
specific factual allegations, that there is a genuine issue of
material fact that requires trial. Celotex Corp. v. Catrett,
477 U.S. 317, 324 (1986). In considering a motion for summary
judgment, this court is not required to scour the record in
search of evidence to defeat the motion; the nonmoving party must
identify with reasonable particularity the evidence upon which
the party relies. Johnson v. Cambridge Indus., Inc.,
325 F.3d 892, 898 (7th Cir. 2003). Finally, the evidence relied upon must
be competent evidence of a type otherwise admissible at trial.
Stinnett v. Iron Work Gym/Exercise Health Spa, Inc.,
301 F.3d 610, 613 (7th Cir. 2002).
A. Claims Against Officer Gambino
1. Count One: Federal Deliberate ...