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Estate of Carlock v. Williamson

September 11, 2009

ESTATE OF AMON PAUL CARLOCK, JR., DECEASED, BY MARY L. ANDREATTA-CARLOCK, EXECUTOR, PLAINTIFF,
v.
NEIL WILLIAMSON, AS SHERIFF OF SANGAMON COUNTY, 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's Motion to Dismiss Count VII of Plaintiff's Fourth Amended Complaint (d/e 152) (Motion 152); (2) Defendant Chauncey C. Maher, III, M.D.'s Motion to Dismiss Counts X and XI of Plaintiff's Fourth Amended Complaint (d/e 139) (Motion 139); (3) Defendant Joseph Maurer, M.D.'s Motion to Dismiss Fourth Amended Complaint Count VIII and IX (d/e 143) (Motion 143); (4) Dr. Maher's Motion to Dismiss Cross Claim [#160] (d/e 166) (Motion 166); (5) Dr. Maher's Motion to Dismiss Cross Claim [#163] (d/e 167) (Motion 167); (6) Dr. Maurer's Motion to Dismiss Cross Claim by County Defendants (d/e 168) (Motion 168); and (7) Dr. Maurer's Motion to Dismiss Cross Claim by Sgt. Todd Guy (d/e 169) (Motion 169). For the reasons set forth below: (1) Motion 152 is ALLOWED; (2) Motions 139 and 143 are DENIED; and (3) Motions 166, 167, 168, and 169 are ALLOWED in part and DENIED in part.

BACKGROUND

The Estate alleged in the Fourth Amended Complaint (d/e 138) 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;

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 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;

Count VI alleged a state law claim for failure to provide medical care; Count VII alleged a state law claim against Sangamon County and Sheriff Williamson in his official capacity, and certain other Defendants under the Illinois Survival Act, 755 ILCS 5/27-6 (Survival Act);

Count VIII alleged a state law medical negligence and wrongful death claim against Defendant Dr. Maurer;

Count IX alleged a Survival Act claim against Dr. Maurer;

Count X alleged a state law medical negligence and wrongful death claim against Defendant Dr. Maher; and

Count XI alleged a Survival Act claim against Dr. Maher. Defendants Sangamon County, Sheriff Neil Williamson, Anthony Sacco, Terry Durr, William Strayer, Ron Beckner, Candace Cain, Tammy Powell, Kevin Furlong, Lee Anne Brauer, Niecy West, Lucy Ramsey, and Todd Guy filed cross-claims against Drs. Mauer and Maher for contribution. Cross-claim by Defendants/Crossplaintiffs, Neil Williamson, as Sheriff of Sangamon County, Anthony Sacco, Chief Deputy, Terry Durr, Jail Superintendent, William Strayer, Assistant Jail Superintendent, Lt. Ron Beckner, Administrator of Sangamon County Jail, Lt. Candace Cain, Lt. Tammy Powell, CO Kevin Furlong, Nurse Lee Anne Brauer, R.N., Nurse Niecy West, L.P.N., Nurse Lucy Ramsey, L.P.N., and Sangamon County Against Defendants/CrossDefendants, Joseph Maurer, M.D. and Chauncey C. Maher, III, M.D. Upon the Fourth Amended Complaint (d/e 160); Cross Claim by Defendant/Cross Plaintiff Sgt. Todd Guy Against Defendants/Cross Defendants, Joseph Maurer, M.D., ...


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