The opinion of the court was delivered by: Charles P. Kocoras, District Judge
Before this court are Defendants Kane County, the Kane County Sheriff's Office (the "Kane County Sheriff"), Jefferson County, and the Jefferson County Sheriff's Office (the "Jefferson County Sheriff")'s motions to dismiss Plaintiff Kimberly Gardner's two-count amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and the Jefferson County Sheriff and Jefferson County's motions to transfer. For the following reasons, Defendants' motions are granted in part and denied in part.
On January 13, 2006, Gardner was a pretrial detainee in the custody of the Kane County Sheriff. Due to overcrowding at the Kane County jail, Gardner was transferred to the Jefferson County jail. Gardner was allegedly the victim of statutory rape while an inmate at the Jefferson County jail. In February 2008, Gardner filed a two-count amended complaint against Defendants.
Count I of Gardner's Amended Complaint contains state claims of negligence and willful and wanton misconduct. Specifically, Gardner alleges in Count I that the Kane County Sheriff was both negligent and willful and wanton in transferring her to the Jefferson County jail because of overcrowding at the Kane County jail despite knowing that the Jefferson County Sheriff: allowed sheriff's department employees and other county jail personnel to accept female inmate's attention or sexual favors in exchange for additional food, toiletries, and other privileges.
Additionally in Count I, Gardner alleges that the Jefferson County Sheriff knew about the above mentioned condition in its jail as well as the following conditions, but did not make any corrections:
1. failed to properly supervise the sheriff's department employees who exercised care, custody, control and authority over her; and
2. failed to prevent sheriff's department employees and other personnel from having unsupervised access to her cell;
3. allowed communication of an inappropriate or sexual nature between her and the male prison personnel;
4. failed to have adequate prison matrons or other female supervisory personnel in prison units housing female, and minor female inmates;
5. failed to properly assess, evaluate, and train sheriff's department employees who would have care, custody, supervision, and control over female inmates or minor female inmates; and
6. failed to properly evaluate the training, background, trustworthiness, and character of the employees hired and retained to supervise the female inmates.
Gardner alleges that as a result of the Jefferson County Sheriff's actions, she was raped. In Count I, Gardner seeks to hold both Jefferson County and Kane County liable for their respective Sheriff's actions.
In Count II, Gardner alleges that Defendants' actions violated her rights under 42 U.S.C. 1983, under the Fourth Amendment, under the Sixth Amendment, under the Due Process Clause, and under the Equal Protection Clause. Defendants now ...