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Estate of Carlock v. Williamson

June 12, 2009

ESTATE OF AMON PAUL CARLOCK, JR., DECEASED, BY MARY L. ANDREATTA-CARLOCK, EXECUTOR, PLAINTIFF,
v.
NEIL WILLIAMSON, AS SHERIFF, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Jeanne E. Scott, U.S. District Judge

OPINION

This matter comes before the Court on: (1) Defendant Sangamon County Sheriff's Department, Sangamon County Jail, William Strayer, Anthony Sacco, Terry Durr and Sangamon County's Motion to Dismiss or Strike Plaintiff's Third Amended Complaint as Pleaded Against Them (d/e 110) (Motion 110); (2) Defendant Joseph Maurer, M.D.'s Motion to Dismiss Count VIII (d/e 128) (Motion 128); (3) Defendant Dr. Maher's Motion to Dismiss (d/e 118) (Motion 118); (4) Dr. Maher's Motion to Dismiss Cross-claim for Contribution [#112] (d/e 120) (Motion 120); and (5) Dr. Maher's Motion to Dismiss Cross-Claim [#122] (d/e 130) (Motion 130). For the reasons set forth below, Motions 118 and 128 are ALLOWED, but Plaintiff Estate of Amon Paul Carlock, Jr. (Estate) is given leave to re-plead; Motion 110 is ALLOWED in part, and the Estate is given leave to re-plead; Motions 120 and 130 are ALLOWED in part, and the Court reserves ruling on the remainder of the motions, pending the filing of the Estate's amended pleadings.*fn1

BACKGROUND

The Estate alleged in the Third Amended Complaint that the decedent of the Estate, Amon Paul Carlock (Carlock), was a pretrial detainee housed at the Sangamon County, Illinois, jail from October 9, 2007, until his death on November 16, 2007. The Estate alleged that the Defendants were responsible for Carlock's death. The Estate alleged the following claims under 42 U.S.C. § 1983 and state law:

Count I alleged a § 1983 claim for use of excessive force by certain Defendants;

Count II alleged a § 1983 claim of deliberate indifference to Carlock's need for medical care;

Count III alleged a § 1983 claim for municipal liability against Sangamon County, Illinois, Sheriff Neil Williamson in his official capacity for use of excessive force;

Count IV alleged a § 1983 claim for municipal liability against Sheriff Williamson in his official capacity, for deliberate indifference to Carlock's need for medical care;

Count V alleged a state law claim for use of excessive force by certain Defendants;

Count VI alleged a state law claim for failure to provide medical care;

Count VII alleged a state law claim against certain Defendants under the Illinois Survival Act, 755 ILCS 5/27-6;

Count VIII alleged a third party beneficiary breach of contract claim against Defendant Joseph J. Maurer, M.D., for breach of his contract with Sangamon County; and

Count IX alleged a third party beneficiary breach of contract claim against Defendant Chauncey C. Maher III, M.D., for breach of his contract with Sangamon County.

Defendants Sangamon County Sheriff Neil Williamson, Ron Beckner, Candace Cain, Tammy Powell, Kevin Furlong, Lee Anne Brauer, Niecey West, Lucy Ramsey, and Todd Guy filed cross-claims against Drs. Maurer and Maher for contribution. Cross-Claim by Defendants/Cross-Plaintiffs, Neil Williamson, as Sheriff of Sangamon County, Lt. Ron Beckner, Administrator of Sangamon County Jail, Lt. Candace Cain, Lt. Tammy Powell, Co Kevin Furlong, Nurse Lee Anne Brauer, R.N., Nurse Niecey West, L.P.N. and Nurse Lucy Ramsey, L.P.N. Against Defendants/Cross-Defendants, Joseph Maurer, M.D. and Chauncey C. Maher, III, M.D. Upon the Third Amended Complaint (d/e 112); Cross-Claim by Defendant Sgt. Todd Guy Against Defendants/Cross-Defendants, Joseph Maurer, M.D., and Chauncey C. Maher, ...


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