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Paine v. Johnson

February 22, 2010

KATHLEEN PAINE, AS GUARDIAN OF THE ESTATE OF CHRISTINA ROSE EILMAN, A DISABLED PERSON, PLAINTIFF,
v.
OFFICER JEFFREY JOHNSON, OFFICER RICHARD CASON, OFFICER ROSENDO MORENO, LIEUTENANT CARSON EARNEST, SERGEANT DAVID BERGLIND, DETENTION AIDE SHARON STOKES, OFFICER TERESA WILLIAMS, DETENTION AIDE CYNTHIA HUDSON, DETENTION AIDE CATONIA QUINN, OFFICER DEBORAH MABERY, OFFICER PAMELA SMITH, OFFICER BENITA MILLER, OFFICER PAULINE HEARD, AND CITY OF CHICAGO, A MUNICIPAL CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Judge Virginia M. Kendall

MEMORANDUM OPINION AND ORDER

Plaintiff Kathleen Paine ("Paine"), as Guardian of the Estate of Christina Rose Eilman ("Eilman"), filed this suit against various members of the Chicago Police Department and the City of Chicago (collectively "Defendants"), alleging civil rights violations in connection with Eilman's arrest and subsequent release from the Second District women's lockup without providing her access to mental health treatment. Pursuant to Federal Rule of Civil Procedure 56 and Local Rule 56.1, Defendants have filed a Motion for Summary Judgment on Counts II, VI, X, XV, XVIII, XX, XXII, XXIV, XXVI, XXVIII, XXXIII (claims against Defendants Cason, Moreno, Earnest, Berglind, Stokes, Williams, Hudson, Quinn, Mabery, Smith and Heard for failure to provide medical care), XXXIV (claim against Heard for failure to respond after creating increased risk) and XXXVIII (Monell claim against the City of Chicago) of Paine's Third Amended Complaint.*fn1 For the reasons stated herein, Paine's Motion for Summary Judgment is granted as to Count XXVI and denied as to Counts II, VI, X, XV, XVIII, XX, XXII, XXIV, XXVIII, XXXIII, XXXIV and XXXVIII.

STATEMENT OF FACTS*fn2

On May 5, 2006, Eilman, a twenty-one year old college student from Los Angeles, California traveled to Chicago, Illinois. (Def. 56.1 Reply ¶¶ 10, 12, 13.) On May 8, 2006, less than five hours after being released from the Second District women's lock-up, Eilman was found, wearing nothing but her bra and panties, lying on the ground outside of the Robert Taylor public housing building after having been raped. (Def. 56.1 Reply ¶ 15; Pl. 56.1 Resp. ¶¶ 357, 361.) She had fallen from a seventh floor apartment window. (Def. 56.1 Reply ¶ 15; Pl. 56.1 Resp. ¶¶ 357, 361.) Remarkably, Eilman survived the fall; however, she suffered sever injures including brain damage and spine damage. (Def. 56.1 Resp. ¶ 16.) Prior to the fall, Eilman suffered from bipolar disorder, which tended to be episodic, and often severe enough to require hospitalization. (Def. 56.1 Reply ¶ 10, 24, 25.) One year prior to her travel to Chicago, Eilman was injured in a one-car accident in California.

At that time, she displayed bizarre behavior, such as slurred speech and scattered thought process, and she physically attacked a friend. (Def. 56.1 Reply ¶ 19.) As a result, Eilman was involuntarily committed to a mental facility in California, where she remained for 37 days to treat her disorder. (Def. 56.1 Reply ¶¶ 10, 21.)*fn3

I. May 6th, 2006--Midway Airport Frontier Airlines Ticket Counter

On May 6, 2006, Eilman went to Midway Airport in an effort return home to California. (Def. 56.1 Reply ¶ 39.) It is unknown why Eilman was in Chicago because she is the only one with that knowledge and she has little recollection of the events. (Pl. 56.1 Resp. ¶ 22.) What is known, is that, at the airport, she became involved in a verbal altercation with a Frontier Airlines ticket counter agent who told her that she did not have a reservation with the airline. (Def. 56.1 Reply ¶ 44.) Upon hearing this, Eilman appeared confused, began to swear at the Frontier Airlines' employees, tore up a $20 bill and threw it in the trash, and took her boots off and placed them on the ticket counter. (Def. 56.1 Reply ¶¶ 45, 46, 50.) Frontier Airlines' employees described her behavior as "crazy," "erratic," "forceful," "loud,"and "confrontational," and stated that she appeared to be having "mood swings" and to be "on drugs." (Def. 56.1 Reply ¶¶ 48, 49, 43.) Eilman left the airport that day without obtaining a flight to California. (Def. 56.1 Reply ¶ 37.)

II. May 7, 2006--Southwest Airlines Ticket Counter/Gate

The following day, on May 7, 2006, Eilman returned to Midway Airport wearing extremely short shorts, winter boots and a small top that showed her mid-section. (Def. 56.1 Resp. ¶ 42.) While at the Southwest Airlines ticket counter, Eilman became involved in another verbal altercation that resulted in her taking off a boot and throwing it across the counter hitting a Frontier Airlines' employee. (Def. 56.1 Reply ¶ 39.) Eilman continued to yell and scream for ten minutes and finally screamed, "I want my fucking boot back." (Def. 56.1 Reply ¶ 39.) Eilman also approached an infant, who was seated in his stroller, and began screaming "stop fucking crying." (Def. 56.1 Resp. ¶ 37.) The infant, however, was not crying or making any noise at all; rather, the infant was being perfectly quiet at that time. (Def. 56.1 Resp. ¶ 37.) Aisha Miller ("Miller"), a Southwest customer service agent, described Eilman's behavior as frightening and out of control. (Def. 56.1 Resp. ¶ 40.)

After Southwest personnel gave her a ticket to return to her home in California, Eilman proceeded to the Southwest gating area where she began yelling at other passengers and airline employees, using profanity, not using complete sentences and generally not making sense. (Def. 56.1 Resp. ¶ 38.) When she pet a blind man's guide dog, the man's caretaker asked her not to touch the animal. (Def. 56.1 Resp. ¶ 52.) In response, Eilman became hostile and aggressive towards the caretaker, yelling rap lyrics at him and screaming that the blind man had been exposed as a phony. (Def. 56.1 Reply ¶¶ 52, 53.) At that point, Tessa Williams ("Williams"), a Southwest gate agent, called the police. (Def. 56.1 Resp. ¶ 53.) Williams described Eilman's behavior as very "erratic," "bizarre," "wild" and "confrontational." (Def. 56.1 Reply ¶ 51.) Chicago Police Officers then arrived on the scene and escorted Eilman out of the airport. (Def. 56.1 Reply ¶ 54.)

III. May 7th, 2006--Midway's CTA Station

At about 1:50 p.m., Midway Airport Chicago Police Department ("CPD") officers escorted Eilman to Midway Airport's Chicago Transit Authority ("CTA") train and bus station. (Def. 56.1 Reply ¶¶ 54, 85.) While at the CTA station, Eilman created another disturbance, which CTA customer service agents Velma Thompson ("Thompson") and Sharon Lewis ("Lewis") observed. (Pl. 56.1 Resp. ¶ 24; Def. 56.1 Reply ¶ 55.) Eilman started rapping, taking her clothes off and dancing provocatively for different men at the station. (Def. 56.1 Reply ¶ 56.) Her behavior was erratic; one minute she was crying and upset, the next she was calm, and the next she was dancing and singing. (Def. 56.1 Reply ¶ 55.) At one point, Lewis approached her and asked her to stop dancing, but Eilman refused. (Def. 56.1 Reply ¶¶ 59, 55.)

Defendant Chicago Police Officers Richard Cason ("Officer Cason") and Rosendo Moreno ("Officer Moreno") were working the third watch at the CTA station on May 7, 2006. (Pl. 56.1 Resp. ¶ 23.) Initially, Thomson told Officer Cason that Eilman was approaching CTA patrons and causing a disturbance and that she had been escorted to the CTA station by three CPD officers from Midway Airport. (Def. 56.1 Reply ¶ 85.) Officer Cason approached Eilman and observed her arguing with a man about smoking and the price of oil. (Pl. 56.1 Resp. ¶¶ 25, 27, 30.) Eilman was moving into the man's personal space, acting aggressive and generally causing an annoyance. (Def. 56.1 Reply ¶ 76; Pl. 56.1 Resp. ¶¶ 25, 27, 30.) Eilman told Officer Cason that she wanted to take a train back to Los Angeles, and he told her he would help her take a train to the Amtrak station, where she could then take a train home. (Pl. 56.1 Resp. ¶ 26.)

At that point, while Eilman continued to argue with the man next to her, Officer Cason told Eilman that she would have to either get on a train or leave the CTA station. (Pl. 56.1 Resp. ¶ 27.) Officer Cason then observed an instant change in Eilman's behavior; she became aggressive and confrontational towards him. (Def. 56.1 Reply ¶ 83; Pl. 56.1 Resp. ¶ 28.) Specifically, Eilman began to approach Officer Cason while screaming obscenities at him and threatened to take Officer Cason's gun and shoot him with it. (Pl. 56.1 Resp. ¶ 28; Def. 56.1 Reply ¶ 87.) Eventually, Eilman left the station and walked outside. (Pl. 56.1 Resp. ¶ 29.)

At approximately 2:00 p.m., while Eilman was still outside the CTA station, Officer Moreno arrived for work and observed Eilman chastising another man for smoking cigarettes. (Pl. 56.1 Resp. ¶ 31.) Specifically, she screamed, "if you light that fucking cigarette, I leave. I'll fucking leave." (Pl. 56.1 Resp. ¶ 31.) At the time, Eilman's face was two to three inches from the man's face, and she was shouting and talking very fast. (Def. 56.1 Reply ¶ 61.) Officer Moreno approached Eilman, identified himself as a police officer, and told her that she could not yell and swear on CTA property. (Pl. 56.1 Resp. ¶ 32.) Although Eilman temporarily listened to Officer Moreno, after about a minute she began arguing with the man again and twice attempted to remove his cigarette from his mouth. (Pl. 56.1 Resp. ¶¶ 33, 35.) Officer Moreno subsequently learned that Eilman did not know this man and had never met him before she began to scream at him. (Def. 56.1 Reply ¶ 99.) While outside the CTA station, Eilman also began rubbing her butt into the groin of two other men who she did not know. (Def. 56.1 Reply ¶ 59.)

After observing Eilman's behavior, Officer Moreno went to the CTA's police office to tell Officer Cason about the disturbance. (Def. 56.1 Reply ¶ 34.) Officers Moreno and Cason then both came back outside and observed Eilman now arguing with two men about smoking and yelling "don't you understand, we are running out of oil." (Def. 56.1 Reply ¶¶ 77, 78.) At this point, Officers Cason and Moreno placed Eilman under arrest and took her to the police office at the CTA station. (Pl. 56.1 Resp. ¶ 35.) On the way to the police office, Eilman began dragging her feet, kicking, howling, and screaming bizarre and vulgar statements at them. (Pl. 56.1 Resp. ¶ 36; Def. 56.1 Reply ¶ 79.) Specifically, Eilman repeatedly told Officers Cason and Moreno to "fist fuck" her, while spreading her legs open and humping the air. (Def. 56.1 Reply ¶ 79.) Despite this behavior, Officer Cason did not believe that Eilman was resisting arrest. (Pl. 56.1 Resp. ¶ 37.)

While in the CTA police office, Eilman continued to yell and scream, often about the price of oil, and warned Officers Cason and Moreno that the United States was too dependent on oil. (Pl. 56.1 Resp. ¶ 39, Def. 56.1 Reply ¶ 103.) Although Officers Cason and Moreno were able to calm Eilman down a bit by talking to her, (Pl. 56.1 Resp. ¶ 47), Officer Cason was so concerned about Eilman's behavior that he requested the immediate arrival of a squad car to take her to the police station located at 3515 West 63rd Street in Chicago ("Eighth District Station") to process her arrest, as opposed to waiting the typical hour it would take for a squadrol to arrive. (Pl. 56.1 Resp. ¶ 49; Def. 56.1 Reply ¶ 81.) Approximately ten minutes later, the police squadrol arrived at the CTA station. (Pl. 56.1 Resp. ¶ 48.) Officer Cason walked Eilman outside and put her in the back of the vehicle while she screamed obscenities at him. (Pl. 56.1 Resp. ¶ 48.)

During their encounter with Eilman at the CTA station, Officers Cason and Moreno observed Eilman's mood shift dramatically from sweet and calm to aggressive and confrontational. (Pl. 56.1 Resp. ¶ 38; Def. 56.1 Reply ¶¶ 83, 102.) Officer Cason thought that Eilman's mood swings were atypical and were unlike anything he had ever seen before. (Def. 56.1 Reply ¶ 82.) In fact, they were so distinctive that they made her stand out in his mind from the 4,000 to 5,000 other arrests he had made in his 35 years with the CPD. (Def. 56.1 Reply ¶ 82.) During his time with Eilman, Officer Cason never called the airport police to find out why she had been removed from the airport nor did he inquire about her behavior in the airport. (Def. 56.1 Reply ¶¶ 86, 97.) Officer Cason never recommended that Eilman be taken to a mental health facility for an evaluation. (Def. 56.1 Reply ¶¶ 86, 97.)

IV. May 7, 2006--Transport to the Eighth District Police Station

When Eilman entered the squadrol, another detainee, Beatrice Martinez ("Martinez"), was already inside. (Def. 56.1 Reply ¶ 63.) During the half hour they spent together, Martinez heard Eilman sing a number of songs, including a hip-hop song by the rapper Notorious B.I.G. (Def. 56.1 Reply ¶ 67.) Martinez also observed Eilman talk to herself, answer her own questions and speak extremely fast. (Def. 56.1 Reply ¶ 65.) Most of the time, Martinez could not understand Eilman because she was talking "nonsense" and "gibberish." (Def. 56.1 Reply ¶¶ 68, 69.) Based on her observations, Martinez knew that there "was something wrong" with Eilman. (Def. 56.1 Reply ¶¶ 64, 70, 75.)

V. May 7, 2006--Eighth District Station

When Eilman arrived at the Eighth District Station, Officer Cason handcuffed her to a ring in the holding area while he began to process her arrest. (Pl. 56.1 Resp. ¶ 49.) While handcuffed in the processing room, Officer Cason observed Eilman exhibit spontaneous screaming and yelling fits. (Pl. 56.1 Resp. ¶ 50; Def. 56.1 Reply ¶ 71.) Officer Moreno observed Eilman "acting crazy," standing up on the stool in the processing area, being loud and cussing. (Pl. 56.1 Resp. ¶ 35; Def. 56.1 Resp. ¶ 104.) Both Officers Cason and Moreno observed Eilman experiencing mood swings-- she would act calm and then suddenly become abusive and start crying. (Pl. 56.1 Resp. ¶ 50, 53; Def. 56.1 Reply ¶¶ 72, 89, 51.) During processing, Eilman would provide answers that had nothing to do with the questions she was being asked; instead, she would talk about the price of oil, how she did not want to be under arrest, and how she wanted to be a schoolteacher. (Pl. 56.1 Resp. ¶ 51; Def. 56.1 Resp. ¶ 74.) Because of her behavior, Officer Cason began to think that Eilman was not a typical arrestee, but he did not believe she was a danger to herself or anyone else. (Pl. 56.1 Resp. ¶¶ 52, 56.) Both Officers Cason's and Moreno's initial impressions were that Eilman was on drugs.

(Pl. 56.1 Resp. ¶ 52.) Yet, after taking a good look at her, Officer Cason concluded that she was "clean," meaning that she was not on drugs. (Def. 56.1 Reply ¶ 84.) Despite his observations, Officer Moreno never told anyone at the Eighth District, including any supervisor, that he thought Eilman was "acting crazy." (Def. 56.1 Resp. ¶ 107.) When asked why he did not, Officer Moreno could not provide an explanation for his failure to report Eilman's "crazy" behavior to a supervisor. (Def. 56.1 Resp. ¶ 107.)

When Officer Cason asked Officer Yvonne Delia ("Officer Delia")*fn4 to search Eilman, Eilman would not stop crying. (Def. 56.1 Reply ¶ 90.) Officer Delia found her difficult to understand because she would start "jabbering" and then begin singing songs. (Def. 56.1 Reply ¶ 90.) When asked by Delia if she knew why she was at the police station, Eilman answered that she did not know why and kept talking instead about how oil companies were ruining the country. (Def. 56.1 Reply ¶ 90.) Officer Delia described Eilman as more hysterical than a normal detainee. (Def. 56.1 Reply ¶ 90.) When she was done searching her, Officer Delia told Officer Cason that Eilman was acting strangely and might need to go to the hospital. (Def. 56.1 Reply ¶ 91.) Officer Delia also suggested to Officer Cason that he talk to Lieutenant Carson Earnest ("Lt. Earnest"), the watch commander for the third watch at the Eight District Station on May 7, 2006, about Eilman's behavior. (Pl. 56.1 Resp. ¶¶ 54, 55.)

Officer Cason suspected that Eilman might have a mental illness and wanted the opinion of a supervisor who had the authority to determine whether Eilman was within the Department guidelines for being arrested, so Officer Cason sought help from Lt. Earnest. (Pl. 56.1 Resp. ¶¶ 57, 60; Def. 56.1 Reply ¶ 93.) Lt. Earnest, as watch commander, was the person ultimately responsible for the safety and welfare of detainees. (Pl. 56.1 Resp. ¶¶ 57, 60.) Officer Cason informed Lt. Earnest that Eilman had been "acting goofy" while in custody and that she was an unusual arrestee. (Pl. 56.1 Resp. ¶ 55.) He also told Lt. Earnest that Eilman was having major mood swings and did not appear to be on drugs. (Def. 56.1 Reply ¶ 127.) Lt. Earnest asked Officer Cason if Eilman had hurt or threatened to hurt herself or anyone else. (Pl. 56.1 Resp. ¶¶ 56, 58.) Officer Cason told him that she had not. (Pl. 56.1 Resp. ¶¶ 56, 58.) Lt. Earnest could see Eilman sitting in an interview booth through the glass partition in his office and did not believe that she was behaving abnormally at that time. (Pl. 56.1 Resp. ¶ 59.) Eilman, however, was only in his field of vision for fifteen minutes, during which time Lt. Earnest was attending to other matters. (Pl. 56.1 Resp. ¶ 59.)

Initially, based on his discussion with Officer Cason, Lt. Earnest told him that he and Officer Moreno should put Eilman in a car and take her to the hospital; however, Officer Cason informed Lt. Earnest that they did not have a car available. (Def. 56.1 Resp. ¶ 106.) At some point, Officer Cason relayed his conversation with Lt. Earnest to Officer Moreno. (Def. 56.1 Resp. ¶ 106.) Lt. Earnest admits that if an individual needs to be taken to a mental health facility for an evaluation and the arresting officers do not have a squad car assigned to them, the watch commander has the responsibility to assign them another car. (Def. 56.1 Reply ¶ 185.) After learning that no car was available, Lt. Earnest asked Sergeant David Berglind ("Sgt. Berglind") to interview Eilman to determine whether she was in need of a mental health evaluation. (Pl. 56.1 Resp. ¶¶ 61, 62.) The purpose of the interview was for Sgt. Berglind to ascertain whether Eilman was aware of her surroundings and understood what was going on, and whether she was a threat to herself or others. (Pl. 56.1 Resp. ¶ 63.) Sgt. Berglind is not a medical professional, has no specialized training in the assessment of mental illness, and admits that in a "close call" the safer route would be to take an individual to a designated mental health facility for an evaluation by a clinician, psychologist or psychiatrist. (Def. 56.1 Reply ¶¶ 109, 110.)

Prior to Eilman's interview, Officer Cason informed Sgt. Berglind of what had happened earlier that day and described Eilman's behavior throughout the day. (Pl. 56.1 Resp. ¶¶ 65, 67.) Officer Cason also told Sgt. Berglind that he was not sure if Eilman was intoxicated, using drugs or simply trying to give Officer Cason a hard time. (Pl. 56.1 Resp. ¶ 67.) For the duration of Sgt. Berglind's interview with Eilman, Officer Cason was present, Officer Moreno was not present and Officer Delia came in and out of the interview room. (Pl. 56.1 Resp. ¶ 68.) Eilman was calm when Sgt. Berglind first introduced himself to her; however, when the interview began Eilman became a little upset and then once again calmed down. (Pl. 56.1 Resp. ¶¶ 69, 70.) Although Officer Cason testified that Eilman appeared to be composing herself and talking sensibly during the interview, Sgt. Berglind testified that she was crying, discussing the United States's over-dependence on oil and singing rap lyrics. (Pl. 56.1 Resp. ¶¶ 71, 75; Def. 56.1 Reply ¶ 114.) At one point, Eilman invited Sgt. Berglind to visit her in Los Angeles. (Def. 56.1 Reply ¶ 114.)

Despite this behavior, Sgt. Berglind did not think that Eilman was intoxicated, high, or in any way unusual compared to other arrestees; Sgt. Berglind concluded that Eilman gave him no reason to believe she was a threat to herself or others. (Pl. 56.1 Resp. ¶¶ 83, 84.) During the interview, Eilman was able to answer some basic questions such as her name and where she was from. (Pl. 56.1 Resp. ¶ 72.) Eilman stated that she was feeling fine, was upset about being stranded in Chicago and was not under a doctor's care. (Pl. 56.1 Resp. ¶ 73.) Sgt. Berglind testified that in response to his question about whether Eilman knew why she was being arrested, she stated that she understood that she was misbehaving, was sorry and asked when and how she could be released.

(Pl. 56.1 Resp. ¶¶ 74, 78.) Officer Cason, however, testified that Eilman stated she did not understand why she was being arrested, despite the fact that he had explained this to her four to six times earlier that day. (Def. 56.1 Reply ¶ 92.) Officer Delia also stated that Eilman did not know why she was arrested when Officer Delia searched her. (Def. 56.1 Reply ¶ 90.) At no point during the interview did Sgt. Berglind ask Eilman if she had been hospitalized for psychiatric or psychological problems, or if she took psychotropic medication. (Def. 56.1 Resp. ¶ 115.) Eilman had been involuntarily committed one year earlier in Sacramento, California for 37 days where she was being treated for bipolar disorder and was taking psychotropic medications. (Def. 56.1 Reply ¶¶ 10, 11, 18, 22.)

When Sgt. Berglind asked if she had any family that the police could contact, Eilman initially stated that she did not want him contacting anyone and refused to give him her parents' phone numbers. (Pl. 56.1 Resp. ¶ 80.) Eventually, however, Officer Delia convinced Eilman to give her the phone numbers for her stepfather and her mother. (Pl. 56.1 Resp. ¶ 81.) Officer Delia left the interview room twice to call Eilman's parents, leaving voice messages for each of them. (Pl. 56.1 Resp. ¶ 81.) Sgt. Berglind did not attempt to contact Eilman's parents before or after the interview. (Def. 56.1 Resp. ¶ 116.) While outside, Officer Delia also searched Eilman's luggage and found two bottles of prescription drugs, neither of which Officer Delia recalled specifically. (Pl. 56.1 Resp. ¶ 82.) Eilman told Officer Delia the medications were for her acne. (Pl. 56.1 Resp. ¶ 82.) The record does not reflect that the type of prescription medications was ever recorded.

After the interview, Sgt. Berglind did not arrange for Eilman's transfer to a mental health facility for evaluation or treatment. Instead, he informed Lt. Earnest that Eilman posed no threat to herself or others, did not claim to have any medical problems, was not under a doctor's care, knew who she was, where she was from, and why she had been arrested. (Pl. 56.1 Resp. ¶¶ 85, 86.) Lt. Earnest asked Sgt. Berglind if he thought everything was okay and Sgt. Berglind responded affirmatively. (Pl. 56.1 Resp. ¶ 86.) At that time, Sgt. Berglind's concern was processing Eilman in a timely manner, in accordance with Eilman's rights. (Pl. 56.1 Resp. ¶ 87.) After reporting to Lt. Earnest, Sgt. Berglind left the Eight District Station to resume his duties elsewhere. (Pl. 56.1 Resp. ¶ 88.)

Meanwhile, Eilman's stepfather, Richard Paine ("Mr. Paine") called Officer Delia back. (Pl. 56.1 Resp. ¶ 89.) Mr. Paine informed Officer Delia that his stepdaughter suffers from bipolar disorder and had been institutionalized for that disorder in the past. (Pl. 56.1 Resp. ¶ 89.) Officer Delia agrees that Eilman's stepfather called and that bipolar disorder was discussed but only to the extent that Mr. Paine stated that he assumed she suffered from it but had not been diagnosed with it. (Pl. 56.1 Resp. ¶ 89; Def. 56.1 Resp. ¶ 135.) Officer Delia informed Officer Cason and Lt. Earnest of her phone conversation with Mr. Paine, relayed to them that Eilman may have bipolar disorder and that her family in California was concerned about her mood swings and behavior. (Pl. 56.1 Resp. ¶¶ 89, 91; Def. 56.1 Reply ¶ 94.) Officer Delia, however, never told Sgt. Berglind about her conversation with Mr. Paine. (Pl. 56.1 Resp. ¶ 90.) Although Officer Delia informed Lt. Earnest, he disregarded the call and considered it unverifiable because Officer Delia did not answer when Lt. Earnest asked how she could be sure that the individual on the phone was in fact Eilman's stepfather. (Def. 56.1 Reply ¶ 132.) Eilman's stepfather did not call the station unsolicited; but rather, returned Officer Delia's call placed to him at his California phone number. (Pl. 56.1 Resp. ¶ 89.)

As Watch Commander of the Eighth District Station, Lt. Earnest had the authority to transfer Eilman to Mt. Sinai Hospital, the designated intake facility for mental health evaluations of persons in police custody at the Eighth District, which is located approximately seven miles from the station, for evaluation and treatment. (Def. 56.1 Reply ¶¶ 123, 180.) Lt. Earnest also had the authority not to charge Eilman because of her mental condition, and had exercised this authority in the past with another arrestee. (Def. 56.1 Resp. ¶¶ 123, 124.) Lt. Earnest admits that if an arrestee exhibits signs that she is suffering from a mental illness, that individual should be taken to a hospital as opposed to being placed in the lock-up. (Def. 56.1 Reply ¶ 182.)

Lt. Earnest, however, did not order that Eilman be transferred to a mental health facility and did not exercise his discretion not to charge her; instead, he ordered Officer Cason to continue processing Eilman's arrest. (Pl. 56.1 Resp. ¶ 92.) Once Lt. Earnest made the decision to continue with Eilman's arrest, there was nothing more that Officer Cason, Officer Moreno or Sgt. Berglind could have done because Lt. Earnest, as watch commander, made the final decisions. (Pl. 56.1 Resp. ¶ 93.)

Because the Eighth District Station did not have a female holding facility, Eilman was transferred to the station located at 5101 South Wentworth Avenue in Chicago ("Second District Station"), approximately five miles away. (Pl. 56.1 Resp. ¶¶ 79, 103.) Prior to that transfer, Officer Cason placed Eilman in a glass bullpen to await transport. (Pl. 56.1 Resp. ¶ 96.) During that time, Officer Cason observed Eilman continue to exhibit mood swings. (Def. 56.1 Reply ¶ 96.) She was very excitable, would get up then sit down, cried periodically, and her eyes were roaming all over the place. (Def. 56.1 Reply ¶¶ 95, 96; Pl. 56.1 Resp. ¶ 97.) Officer Cason did not go back to Lt. Earnest to report this behavior; he felt there was no need to report it because Eilman's mood swings were the same as they had been the entire day and Lt. Earnest had already signed her arrest report. (Def. 56.1 Reply ¶ 96; Pl. 56.1 Resp. ¶ 97.) Occasionally, Officer Cason would ask Eilman if she was okay and would tell her that she was not alone, and when he did this, she would talk sensibly to him. (Pl. 56.1 Resp. ¶ 98.) At one point, Officer Moreno saw Eilman standing on the walled partition near the toilet; she was being loud and swearing. (Pl. 56.1 Resp. ¶ 100.) When Officer Moreno told Eilman to get down, she did. (Pl. 56.1 Resp. ¶ 102.) According to Officer Cason, there are many times when arrestees jump up and down and are loud. (Pl. 56.1 Resp. ¶ 97.)

VI. May 7, 2006-Second District Police Station, Third Watch (2:00-10:00p.m.)

The Second District desk is typically staffed by a desk sergeant and three other officers. (Pl. 56.1 Resp. ¶ 104.) On May 7, 2006, during the third watch, which is from 2:00 p.m. to 10:00 p.m., Benita Miller (Sgt. Miller)*fn5 , acting desk sergeant, Defendant Pamela Smith ("Officer Smith"), and Renee Sanders ("Officer Sanders")*fn6 worked the front desk. (Pl. 56.1 Resp. ¶¶ 105, 106, 109, 110, 152.) At the desk, all three officers and the sergeant are responsible for answering the phone, and officers who are near the desk will occasionally answer the phone as well. (Pl. 56.1 Resp. ¶¶ 106, 107.) The Second District, in particular, receives a high volume of phone calls because it is also home to the Area One Detective Division and two courthouses. (Pl. 56.1 Resp. ¶ 108.) On May 7, 2006, Eilman's mother, Kathline Paine ("Paine") called the Second District station at 6:49 p.m. and again at 10: 35 p.m. (Def. 56.1 Resp. ¶¶ 114, 392.) Both calls were made to the phone number corresponding to the front desk of the station house. (Def. 56.1 Resp. ¶ 392.) During the first call, Paine spoke to an African American female officer, but could not recall the name of the individual she spoke with. (Pl. 56.1 Resp. ¶ 114.) During the call, Paine informed the officer that she was concerned because she believed Eilman had bipolar disorder and could be having a manic episode. (Pl. 56.1 Resp. ¶ 114.) Officer Smith, who was working the front desk at that time, does not recall receiving any phone calls from Paine or anyone else who was inquiring about Eilman. (Pl. 56.1 Resp. ¶ 113.) Defendant Officer Teresa Williams ("Officer Williams") served as the lock-up keeper for the Second District Station's female lock-up area during the third watch on May 7, 2006. (Def. 56.1 Reply. ¶ 195.) As lock-up keeper, Officer Williams had responsibility for processing and monitoring detainees in the female lock-up area. (Def. 56.1 Reply. ¶ 217.) Lock-up personnel sit outside of the lock-up when they are not processing an arrestee; however, they come and go and are not always sitting at their post. (Pl. 56.1 Resp. ¶ 150.)

Eilman arrived at the Second District lock-up at approximately 7:35 p.m. and Officer Williams processed her. (Pl. 56.1 Resp. ¶ 127; Def. 56.1 Reply. ¶ 195.) During intake, when Officer Williams asked Eilman questions, she would speak incessantly about things other than the information that Officer Williams requested. (Def. 56.1 Reply ¶ 196.) Eilman insisted that she was going home in a few hours and refused to answer Officer Williams' questions. (Pl. 56.1 Resp. ¶ 146; Def. 56.1 Reply. ¶¶ 197, 198.) Officer Williams learned some information from Eilman during the processing: Eilman told Officer Williams that she was from California, had no way of getting home, was wealthy, attended UCLA, and was a personal fitness instructor. (Pl. 56.1 Resp. ¶ 133.) When Officer Williams asked if she was sick, injured or in need of medical attention, Eilman replied, "[n]o, I just need a Pepsi." (Pl. 56.1 Resp. ¶ 131.) When Officer Williams asked Eilman if she had been drinking or doing drugs, Eilman replied that she had been drinking even though she had been in police custody for nearly five hours at this point. (Pl. 56.1 Resp. ¶ 132.) Officer Williams thought Eilman was "arrogant" and "silly," but that her temperament appeared "even toned." (Pl. 56.1 Resp. ¶ 147.)

Defendant Detention Aide Sharon Stokes ("Detention Aide Stokes") and Johnnie Smith ("Detention Aide J. Smith")*fn7 also worked the female lock-up in the Second District Station during the third watch on May 7, 2006. (Pl. 56.1 Resp. ¶ 129; Def. 56.1 Reply. ¶ 211.) While Officer Williams was screening Eilman during intake, Detention Aide Stokes searched her and inventoried her personal property. (Def. 56.1 Reply. ¶ 211.)*fn8 The parties failed to place any information in their respective Rule 56 statements regarding the seizure of Eilman's personal property and where it was inventoried or held. Certain property referred to in various undisputed fact statements include a purse with medications, a plane ticket to California, and some type of luggage or bag. During the search, Eilman was rude and uncooperative and refused to answer any questions. (Def. 56.1 Reply. ¶ 212.) When Detention Aide Stokes informed Eilman that she could not go back into the cell block with her bikini on, because it had long strings on it, Eilman took it off and threw it on the table. (Def. 56.1 Reply. ¶ 213.) It was soiled with menstrual blood. (Def 56.1 Reply. ¶ 216.) Detention Aide Stokes asked Eilman if she wanted a sanitary pad, but Eilman refused. (Def. 56.1 Reply. ¶ 214.) When Eilman was told that she had to take out her tampon and replace it with a pad, Eilman refused to be fingerprinted or answer anymore questions. (Pl. 56.1 Resp. ¶¶ 138, 140.) Officer Williams asked Eilman if she was taking medication or had a history of medical or mental problems, but Eilman refused to answer. (Pl. 56.1 Resp. ¶ 139.) When Detention Aide Stokes informed Officer Williams that Eilman was carrying medication, Officer Williams asked her what it was for and Eilman again refused to answer. (Def. 56.1 Reply. ¶ 200, 207.) Eilman also refused to give Officer Williams any emergency contact information. (Pl. 56.1 Resp. ¶ 139.) Eilman's parents had already made contact with the Eighth District Station and had conveyed that she was bipolar to the police at that time.

At this point, Officer Williams told Detention Aide Stokes that Eilman appeared to be irrational and Detention Aide Stokes agreed. (Def. 56.1 Resp. ¶ 221.) While Officer Williams claims that "most people in the lock-up are irrational," Sergeant Miller, who also works at the Second District Station and who has been a police officer since 1986, testified that she has only deemed an arrestee to be irrational approximately six or more times. (Pl. 56.1 Resp. ¶ 144.) Despite her feeling that Eilman was acting irrational Officer Williams did not notify Sgt. Miller, the acting desk sergeant, or the watch commander of her concern, and neither Officer Williams nor Detention Aide Stokes recommended that Eilman be taken to St. Bernard Hospital for a mental health evaluation. (Pl. 56.1 Resp. ¶ 149; Def. 56.1 Reply. ¶ 197, 199.) St. Bernard Hospital is the designated mental health facility for the Second District and is located at 63rd and Harvard, in the Englewood neighborhood. (Pl. 56.1 Resp. ¶ 128.) It is approximately two miles from the Second District Station. (Def. 56.1 Reply ¶ 175.) Had Officer Williams informed Sgt. Miller or the watch commander of Eilman's behavior and recommended that she be taken for a mental health evaluation, she would have been taken for an evaluation. (Def. 56.1 Reply ¶ 208.) Instead, Officer Williams escorted Eilman to Cell 8, a cell usually reserved for uncooperative prisoners. (Def. 56.1 Reply ¶¶ 202, 203, 218.)

Martinez, an arrestee, who was transported from the Eighth District Station to the Second District lock-up shortly before Eilman arrived, was placed in Cell 7, next to Cell 8. (Def. 56.1 Reply ¶¶ 225, 226.) Martinez was held in the lock-up from 5:00 p.m. to 9:00 p.m. on May 7, 2006. (Pl. 56.1 Resp. ¶ 160.) While Detention Aides J. Smith and Stokes and Officer Williams testified that they did not hear Eilman yelling during the third watch on May 7, 2006, Martinez testified that while in her cell, she heard Eilman screaming and the guards yelling back at her to shut up. (Pl. 56.1 Resp. ¶ 157, 221; Def. 56.1 Reply ¶ 227.) Detention Aides J. Smith and Stokes and Officer Williams all deny that they told Eilman to shut up. (Pl. 56.1 Resp. ¶ 160.) While in her cell, Martinez yelled two or three times to the guards, one of which she believes was Officer Williams, that Eilman could not understand them because Eilman was "not all there" and suffered from bipolar disorder. (Def. 56.1 Reply ¶¶ 228, 232.) When Martinez saw Eilman being escorted to her cell she observed Eilman stop and point to her groin with her index finger. (Def. 56.1 Reply ¶ 229.) At this point, Eilman would not talk at all and was acting like a mute. (Def. 56.1 Reply ¶ 230.) While in their cells, Eilman and Martinez played thumb wars through the bars. (Pl. 56.1 Resp. ¶ 226.)

Tanya Hall ("Hall")*fn9 was placed in Cell 8 with Eilman. (Def. 56.1 Reply ¶ 233.) While Detention Aide J. Smith claims that the arrestees were relatively quiet in the lock-up, Hall testified that Eilman, while in her cell, became agitated, started shaking the bars and repeatedly jumped from the bench to the floor. (Pl. 56.1 Resp. ¶ 153; Def. 56.1 Reply ¶ 233.) At one point, when Eilman was standing in the cell, Officer Williams walked over to her and told her to sit down because she wasn't going anywhere. (Def. 56.1 Reply ¶ 206.) Eilman, however, refused to talk and would only communicate through the use of hand gestures. (Def. 56.1 Reply ¶ 234.) If Hall tried to talk to her, Eilman would place her hand over her mouth, put her index finger to her lips, indicating for Hall to be quiet, and would point to the ceiling as if to signal that someone was watching them. (Def. 56.1 Reply ¶ 234.) While sharing a cell with Eilman, Hall never heard her speak. (Pl. 56.1 Resp. ¶ 238.)

Detention Aide Stokes conducted several inspections of the female lock-up during the third watch. (Def. 56.1 Resp. ¶ 219.) During her inspections, Detention Aide Stokes observed Eilman standing on the bench in her cell and later holding hands with another detainee located in the adjacent cell while singing a song. (Def.56.1 Reply ¶ 219.) Officer Williams heard Eilman singing in her cell as well. (Pl. 56.1 Resp. ¶ 154.) Detention Aide Stokes testified that it is not unusual for detainees to "sometimes" hold hands between the cells. (Pl. 56.1 Resp. ¶ 156.) Despite the fact that her clothes were soiled with menstrual blood, at no time during Detention Aide Stokes' shift did Eilman ask her for a sanitary pad. (Def. 56.1 Reply ¶ 220.) Officer Williams testified that Eilman did not request medical care or complain of pain or discomfort and Detention Aides Stokes and J. Smith testified that Eilman did not ask to go to the hospital during the third watch on May 7, 2006. (Pl. 56.1 Resp. ¶¶ 159, 161.) Martinez, however, testified that Eilman's need for assistance was obvious. (Pl. 56.1 Resp. ¶ 161.) When her shift ended, Detention Aide Stokes did not notify the officers coming on duty for the first watch on May 8, 2006, that Eilman was exhibiting any abnormal behavior. (Def. 56.1 Reply ¶ 224.)

VII. May 7-8, 2006--Second District Police Station, First Watch (10:00 p.m-6:00 a.m.)

On May 7, 2006 and May 8, 2006, Defendant Detention Aides Cynthia Hudson ("Detention Aide Hudson") and Catonia Quinn ("Detention Aide Quinn") worked the first watch at the Second District women's lock-up, replacing Detention Aide Stokes and Officer Williams. (Pl. 56.1 Resp. ¶¶ 163, 164; Def. 56.1 Resp. ¶ 247.) The first watch began at 10:00 p.m. on May 7, 2006 and lasted until 6:00 a.m. on May 8, 2006. (Pl. 56.1 Resp. ¶ 162.) During her shift, Detention Aide Quinn conducted checks of the lock-up every fifteen minutes from 1:15 a.m. until 3:45 a.m. (Def. 56.1 Reply ¶ 248.) Detainees Gloria Range ("Range"), Natasha Washington ("Washington"), Senora Baker ("Baker") and Euraina Hawkins ("Hawkins") were all brought to the Second District lock-up during the first watch on May 8, 2006. (Pl. 56.1 Resp. ¶ 174.)

When Detention Aide Hudson arrived at the lock-up she learned that Eilman was a "refusal," which she understood to mean that Eilman did not want to be processed, fingerprinted or searched. (Pl. 56.1 Resp. ¶ 166.) When Detention Aide Hudson asked Eilman her name, Eilman would not respond. (Pl. 56.1 Resp. ¶ 167.) Detention Aide Hudson called Officer Williams to Eilman's cell and asked, "[w]hat's wrong with her? She's not talking," to which Officer Williams responded, "she's just being silly." (Def. 56.1 Reply ¶¶ 204, 205.) Later in her shift, Detention Aide Hudson approached Eilman and asked to fingerprint her; Eilman responded, "no." (Pl. 56.1 Resp. ¶ 169.) When Detention Aide Hudson offered Eilman a sandwich, Eilman took it and asked for another one, which Detention Aide Hudson gave her. (Pl. 56.1 Resp. ¶ 170.) Detention Aide Hudson claims that she had no further verbal interaction with Eilman during her shift; however; Hall, Eilman's cellmate, and Washington, another detainee, testified that Detention Aide Hudson had several other interactions with Eilman during her shift. (Pl. 56.1 Resp. ¶ 171.)

Washington, another arrestee, arrived at 10:15 p.m. on May 7, 2006 and was released at 9:54 a.m. on May 9, 2006. (Pl. 56.1 Resp. ¶ 259.) Shortly after her arrival, while being fingerprinted, Washington heard a woman screaming for the guards, saying she "wasn't supposed to be there" and asking for a sanitary napkin. (Pl. 56.1 Resp. ¶ 260; Def. 56.1 Reply ¶ 251.) Eventually, one of the guards, gave a napkin to a detainee who handed it to Eilman. (Def. 56.1 Reply ¶¶ 254, 287.) Washington was then taken to cell 7, which is next to the cell where Eilman was being housed. (Pl. 56.1 Resp. ¶ 261.) While in her cell, Washington heard the same voice that she had heard ask for a sanitary napkin scream intermittently from cell 8. (Pl. 56.1 Resp. ¶ 264.) She could also feel the impact of the cell wall being kicked and banged. (Def. 56.1 Reply ¶ 252.) Washington maintains that the voice she heard was Eilman's; however, she could not see into cell 8 from her cell. (Pl. 56.1 Resp. ¶¶ 262, 263; Def. 56.1 Resp. ¶ 253.) Washington heard a guard tell Eilman to "shut the fuck up," but she could not identify which guard was speaking. (Pl. 56.1 Resp. ¶ 265.) Washington heard Eilman screaming off and on until her release. (Def. 56.1 Resp. ¶¶ 255, 265.) Washington also heard other detainees screaming in the lock-up. (Pl. 56.1 Resp. ¶¶ 266, 267, 269.) At one point, Washington heard Detention Aide Hudson tell Eilman to calm down, sit down, and be quiet. (Pl. 56.1 Resp. ¶ 274.) At another point, Eilman and Washington began talking through their cells and Eilman told Washington that famous rap artists, including some that were dead, were going to come and rescue her. (Pl. 56.1 Resp. ¶¶ 276, 278; Def. 56.1 Reply ¶ 263.) After listening to Eilman talk, Washington thought that there was something wrong with her. (Def. 56.1 Resp. ¶ 264.) Washington never heard Eilman complain about heart problems or shortness of breath, or request medical attention. (Pl. 56.1 Resp. ¶ 274.)

On two separate occasions, Hall observed Eilman place her hand down her pants, stick her fingers in her vagina and smear her menstrual blood on the cell's wall and bench. (Pl. 56.1 Resp. ¶ 231; Def. 56.1 Reply ¶ 236.) Hall asked Eilman why she was doing that. (Def. 56.1 Reply ¶ 237.) Eilman would not respond. (Def. 56.1 Reply ¶ 237.) Moreover, despite the fact that her clothes were soiled with menstrual blood, Eilman did not ask anyone for a sanitary pad. (Def. 56.1 Reply ¶ 220.) Hall, however, called out to the detention aides to bring Eilman a sanitary pad, and Detention Aide Hudson responded by bringing one. (Def. 56.1 Reply ¶¶ 238, 239.) Hall testified that Detention Aide Hudson "looked at [Eilman] crazy and walked away." (Pl. 56.1 Resp. ¶ 236.) Hall was so disturbed by Eilman's behavior that she asked to be moved to a different cell. (Def. 56.1 Reply ¶ 240.) In response, Detention Aide Quinn removed her and transferred her to a different cell. (Def. 56.1 Reply ¶¶ 241, 242.) Hall never heard Eilman request medical attention. (Pl. 56.1 Resp. ¶ 244.) Detention Aides J. Smith and Stokes and Officer Williams all claim that they never heard anyone discuss Eilman smearing blood on the cell walls and bench. (Pl. 56.1 Resp. ¶ 158.) Sgt. Miller testified that she does not think wiping menstrual blood on the wall of a cell indicates that a detainee is a threat to herself or others. (Pl. 56.1 Resp. ¶ 233.)

Later on, Detention Aides Hudson and Quinn placed Hawkins, another detainee, in cell 8 with Eilman. (Def.. 56.1 Reply ¶¶ 257, 294, 295.) As Hawkins approached the cell, she could hear Eilman pounding on the bars. (Def. 56.1 Reply ¶ 296.) Some of the other detainees were yelling at Eilman because she was making so much noise. (Def. 56.1 Reply ¶ 297.) As Hawkins entered the cell she saw blood and started screaming that she did not want to go in. (Def. 56.1 Reply ¶¶ 257, 298, 301.) It looked as though Eilman had taken her finger and wiped blood all over the cell with it. (Def. 56.1 Reply ¶ 299.) Detention Aide Quinn responded to Hawkins by telling her, "[y]our going in that cell. She is no crazier than you is," referring to Eilman. (Def. 56.1 Reply ¶ 301.) Once inside the cell, Hawkins saw Eilman dance around, twirl in circles and stand on the bench while waiving her arms, like she was trying to fly. (Def. 56.1 Reply ¶ 302.) Eilman stuck her hand down her pants and into her vagina and pulled her hand out with blood on it. (Def. 56.1 Reply ¶ 303.) Eilman continued to spin around and attempted to hug Hawkins with her bloody hands. (Def. 56.1 Reply ¶ 304.) Hawkins beat on the cell bars and yelled to Detention Aides Hudson and Quinn, demanding to be taken out of the cell. (Def. 56.1 Reply ¶¶ 259, 260, 308.) Detention Aides Hudson and Quinn came back to the cell three or four times to tell Hawkins to "shut up," and when Hawkins told them there was something wrong with Eilman, they stated, "[s]he is no crazier than you." (Def. 56.1 Reply ¶¶ 305, 310.)

Detainee Washington testified that she heard Detention Aide Hudson become upset, raise her voice, ask Eilman why she was spreading her blood on the cell and tell her that she would have to clean the blood up herself. (Pl. 56.1 Resp. ¶ 171; Def. 56.1 Reply ¶ 258. ) Despite the blood, Detention Aides Hudson and Quinn left Hawkins in the cell with Eilman, where she continued to protest. (Def. 56.1 Reply ¶¶ 308, 309.) Eilman did not say a word nearly the entire time that Hawkins was in the cell with her; rather, she attempted to use sign language and bobbed her head. (Def. 56.1 Reply ¶¶ 306, 307.)

When detainee Range arrived at the Second District she heard a young woman with long blond hair screaming that she wanted to go to the hospital. (Def. 56.1 Resp. ¶¶ 279, 280, 283.) On May 14, 2006, in a signed statement to Detectives from the CPD's Internal Affairs Division, Range identified the screaming individual as Eilman. (Pl. 56.1 Resp. ¶ 255.) She also stated that Detention Aides Hudson, Quinn and Officer Williams were all present in the lock-up when she was detained with Eilman. (Def. 56.1 Reply ¶ 284.) Range recalled hearing Eilman screaming from her cell that her chest was hurting and that she wanted to go to the hospital. (Def. 56.1 Reply ¶ 285.) Range then heard Detention Aide Hudson say to Officer Williams, "[t]hat white girl is still acting crazy back there and now she wants to go to the emergency room," and Officer Williams respond, "[a]in't nothing wrong with her and she ain't going to the hospital and if she keeps on screaming we are going to send her crazy ass to the crazy hospital, that's where the fuck she is going." (Def. 56.1 Reply ¶¶ 285, 286.) Range stated that Eilman continued to scream for a sanitary pad so Detention Aide Hudson gave one to her to give to Eilman. (Def. 56.1 Reply ¶ 287.) A few minutes later, Range heard Eilman's cell mate, who she could not identify, screaming that Eilman was acting crazy, wiping her bloody pad on the walls and bars of the cell and taping the pad to the wall of the cell. (Def. 56.1 Reply ¶ 288.) Range stated that Detention Aides Hudson and Quinn walked back to Eilman's cell and stated, "[y]ou crazy white bitch, you nasty bitch get that nasty shit off my walls." (Def. 56.1 Reply ¶ 289.) After the bloody pad incident, Eilman continued to scream that she was having heart trouble. (Def. 56.1 Reply ¶ 291.)

In contrast to her IAD statement, during her deposition Range stated that she did not know who the individual was that was screaming, she could not identify any police personnel that were working the lock-up while she was there, and when she got to her cell she went to sleep and did not notice anything else about the woman who she had previously heard screaming. (Pl. 56.1 Resp. ¶ ¶ 255, 256, 257.)

Detainee Baker arrived at the Second District lock-up at about 11:00 p.m. on May 7, 2006, and was released the next morning at 5:15 a.m. (Pl. 56.1 Resp. ¶ 245.) While Baker was being fingerprinted she heard a "white girl" screaming that she wanted to go home and saying "violent" words. (Pl. 56.1 Resp. ¶ 246; Def. 56.1 Reply ¶ 272.) The guard who was fingerprinting Baker told the girl to "shut [her] ass up." (Pl. 56.1 Resp. ¶ 247.) Baker could not see the detainee who was screaming. (Pl. 56.1 Resp. ¶ 248.) Baker was taken to cell 4, where she continued to hear the "white girl" screaming. (Pl. 56.1 Resp. ¶ 250; Def. 56.1 Reply ¶ 274.) This time she was saying that she was bleeding and that she needed help. (Pl. 56.1 Resp. ¶ 250; Def. 56.1 Reply ¶ 274.) Baker heard the guards yell back to the girl and tell her to "shut the fuck up you white bitch" about four or five times. (Pl. 56.1 Resp. ¶ 252; Def. 56.1 Reply ¶ 275.) Baker also heard one of the guards say, "[s]hut your white ass up. You got the blood all over the cell with your nasty ass." (Pl. 56.1 Resp. ¶ 251; Def. 56.1 Reply ¶ 276.) Baker could identify which guards she heard screaming. (Pl. 56.1 Resp. ¶ 253.) The "white girl" continued to yell for two to three hours; she was crying and sounded disturbed and upset. (Def. 56.1 Resp. ¶¶ 277, 278.)

Detention Aides Hudson and Quinn did not provide any of the officers arriving for the second watch with any information about Eilman's behavior during their shift, although they may have informed Officer Deborah Mabery, a lock-up officer reporting for the second watch on May 8, 2006, that Eilman had not been processed. (Def. 56.1 Resp. ¶¶ 246, 250.)

VIII. May 8, 2006-- Second District Police Station, Second Watch (6:00 a.m.-2:00 p.m.)

On May 8, 2006, Defendant Officer Deborah Mabery ("Officer Mabery") and Jacqueline Roberson ("Officer Roberson")*fn10 worked the second watch in the Second District Station's female lock-up, relieving Detention Aides Hudson and Quinn. (Pl. 56.1 Resp. ¶ 182; Def. 56.1 Reply ¶ 314.) When she arrived for her shift, Officer Mabery was informed that Eilman had not been fingerprinted, and she conveyed this to Officer Roberson. (Pl. 56.1 Resp. ¶ 183; Def. 56.1 Reply ¶ 315.) Either Officer Mabery or Officer Roberson conducted cell checks every fifteen minutes during their shift. (Pl. 56.1 Resp. ¶ 184.) During her first cell check, Officer Mabery saw Eilman standing silently behind the bars of her cell and when she asked Eilman her name, she responded. (Def. 56.1 Reply ¶ 316.) Lt. Joseph Berry ("Lt. Berry"), the acting watch commander, was advised by various lock-up personnel that Eilman had refused to cooperate and may have been under the influence of drugs or alcohol. (Pl. 56.1 Resp. ¶ 181.) At 6:30 a.m., Lt. Berry inspected the lock-up with Officer Mabery and observed Eilman sitting on the bench in her cell, looking out. (Pl. 56.1 Resp. ¶ 179.) Lt. Berry did not see any blood in her cell. (Pl. 56.1 Resp. ¶ 180.) Although Eilman was being "verbal and loud," Officer Mabery claims that she did not observe anything unusual about Eilman's behavior during her shift. (Pl. 56.1 Resp. ¶¶ 186, 187.) However, Tamalika Harris ("Harris"), who was arrested and brought to the Second District on the morning of May 8, 2006, stated that Eilman was kicking the bars of her cell, yelling for help and saying that she had a heart murmur and needed to go to the hospital. (Pl. 56.1 Resp. ¶¶ 186, 299; Def. 56.1 Reply ¶ 325, 326.) Officer Mabery denies that Eilman ever complained that she had a heart murmur or asked to go to the hospital. (Pl. 56.1 Resp. ¶¶ 198, 199, 201.) Harris testified that after Eilman had been screaming for thirty to forty-five minutes, Officer Mabery walked back to Eilman's cell stated, "Shut the fuck up, there's nothing wrong with you." (Pl. 56.1 Resp. ¶¶ 186, 310-11; Def. 56.1 Reply ¶¶ 327, 329.) Officer Mabery claims that neither she nor Officer Roberson ever told Eilman to keep her voice down. (Pl. 56.1 Resp. ¶ 189.) Harris was housed in Cell 1, which is in the row behind Cell 8, and admits that she never saw Cell 8. (Pl. 56.1 Resp. ¶ 303.) Eilman was released from the lock-up at 6:37 or 6:30 pm., and her medical records do not reveal that she was ever diagnosed with a heart murmur, which is a condition that can only be detected with the aid of a stethoscope. (Pl. 56.1 Resp. ¶¶ 306-08.) At one point, Officer Roberson did hear Eilman singing rap songs, and when she asked her if she liked rap music and hanging out with black people Eilman responded, "yes." (Pl. 56.1 Resp. ¶ 188.)

At about 11:30 a.m. on May 8, 2006, Eilman was fingerprinted by Ricky Aldridge ("Aldridge"). (Pl. 56.1 Resp. ¶ 190.) Aldridge recalls that Eilman was calm, friendly, very nice, and very charming. (Pl. 56.1 Resp. ¶ 191.) While Eilman was being processed, she had a pleasant conversation with Officer Mabery. (Pl. 56.1 Resp. ¶ 192.) When Officer Mabery was about to photograph Eilman, Eilman struck a pose and put her hair up, but stopped when Officer Mabery told her she could not take her picture like that. (Pl. 56.1 Resp. ¶ 193.) After she was processed, Eilman asked for a sandwich, which Officer Roberson brought her. (Pl. 56.1 Resp. ¶ 194.) Eilman thanked Officer Roberson for the sandwich and told her she was a "beautiful black nice officer." (Pl. 56.1 Resp. ¶ 194.)

At the end of Officer Mabery's shift, she did not provide the next shift's lock-up officers with any information about Eilman or her behavior. (Def. 56.1 Reply ¶ 319.)

IX. May 8, 2006--Second District Police Station, Third Watch (2:00-10:00 p.m.)

On May 8, 2006, Sgt. Miller worked the third watch at the Second District Station as the acting desk sergeant from 2:00 p.m. to 10:00 p.m. (Pl. 56.1 Resp. ¶ 105.) Officers Smith, Suzette Foster ("Officer Foster") and Anglette Ashford ("Officer Ashford"),*fn11 all African American females, sat at the desk with Sgt. Miller. (Pl. 56.1 Resp. ¶¶ 111, 112.) The desk officers' duties included fielding incoming telephone calls and preparing paperwork necessary to release persons in custody. (Def. 56.1 Reply ¶ 363.) Sgt. Miller inspected the female lock-up at 2:15 p.m. and observed Eilman sitting in her cell on the bench. (Pl. 56.1 Resp. ¶ 206.)

Also working the third watch as lock-up personnel were Officer Williams, the designated booking officer, Detention Aide J. Smith and Pauline Heard ("Officer Heard"). (Pl. 56.1 Resp. ¶¶ 105, 109; Def. 56.1 Reply ¶ 410.) J. Smith conducted sixteen cell checks during the third watch and checked Eilman's cell off as "ok." (Pl. 56.1 Resp. ¶ 205.)

Officer Heard has worked at the Second District since she began her employment with the CPD in 1998. (Def. 56.1 Reply ¶ 408.) When Officer Heard began her shift on May 8, 2006, she did not speak with any of the lock-up officers from the previous shift, and was not made aware that any female detainees had been uncooperative or created a disturbance. (Def. 56.1 Reply ¶ 409; Pl. 56.1 Resp. ¶ 214.) No one reported to Officer Heard that Paine had called to notify the officers that Eilman was bipolar or to express any concern about her mental health. (Pl. 56.1 Resp. ¶ 215.) Officer Heard did, however, read Eilman's Transportation Transmittal, which revealed Eilman's age and California residency. (Def. 56.1 Reply ¶ 412.) Officer Heard inspected the women's lock-up cells at approximately 4:30, 4:45 and 7:45 p.m., and first saw Eilman during her 4:30 p.m. check. (Def. 56.1 Reply ¶ 415, 416.) Eilman was standing near the bars of her cell, blinking. (Def. 56.1 Reply ¶ 416.) Officer Heard saw Eilman again when she performed her 4:45 p.m. cell check, and Eilman was silent at that time. (Def. 56.1 Reply ¶ 419.) Officer Heard did not observe Eilman crying, lying on the floor, singing, kicking or pulling her pants down. (Pl. 56.1 Resp. ¶ 209.) At some point while Officer Heard was sitting outside of lock-up, she heard Eilman repeatedly scream, "[b]itch feed me" for a period of thirty to forty minutes. (Def. 56.1 Reply ¶¶ 420, 421, 423.) Officer Heard did not feed Eilman because it was not the regularly scheduled meal time. (Def. 56.1 Reply ¶ 422; Pl. 56.1 Resp. ¶ 217.)

A woman named Corliss Holland ("Holland") was detained in a cell behind the row containing Cell 8 with an opening facing in the opposite direction from Cell 8 between 3:00 p.m. and 4:00 p.m. on May 8, 2006, and released at approximately 10:30 a.m. on May 9, 2006. (Def. 56.1 Reply ¶ 338; Pl. 56.1 Resp. ¶ 313-14.) Holland saw a young blond girl whom she identified as Eilman as she was escorted to her cell. (Pl. 56.1 Resp. ¶ 315.) Holland heard Eilman yell for the guards and ask to use the phone approximately four to six times; the guards did not respond. (Def. 56.1 Reply ¶¶ 339-40.) Officers Williams and Heard testify that Eilman did not request medical attention from them (Pl. 56.1 Resp. ¶ 216), but Holland avers that Eilman started to scream that her heart hurt and she could not breathe. (Def. 56.1 Reply ¶ 341.) For approximately 15 minutes, Eilman complained that her heart hurt and banged on the bars of the lock-up. (Def. 56.1 Reply ¶ 344.) Although Officers Williams, Heard, and Smith testify that they did not hear anyone yelling or complaining during the third watch (Pl. 56.1 Resp. ¶ 213), Holland heard two guards joking about Eilman's heart hurting as if they did not take her pleas seriously. (Def. 56.1 Reply ¶ 346.) Holland also identified Officer Heard as being present while Eilman was screaming, but does not know what contact Officer Heard had with Eilman, if any. (Def. 56.1 Reply ¶ 349; Pl. 56.1 Resp. ¶ 321.) Furthermore, even though Officer Williams testifies that she had no contact with Eilman and did not hear her voice until ...


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