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Ignacio Jacobo v. Will County Sheriff's Office

September 29, 2011

IGNACIO JACOBO, PLAINTIFF,
v.
WILL COUNTY SHERIFF'S OFFICE, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Judge Edmond E. Chang

MEMORANDUM OPINION AND ORDER

Pro se plaintiff Ignacio Jacobo, currently an inmate in the Illinois Department of Corrections, has brought a civil rights suit, 42 U.S.C. § 1983, challenging his treatment at the Will County Adult Detention facility. Pending are Defendants' motions for summary judgment, R. 102, 114, and Jacobo's renewed motion for appointment of counsel, R. 133.*fn1 For the reasons discussed below, the Court grants the motion for appointment of counsel, R. 133; grants the medical defendants' motion for summary judgment, R. 102; and grants in part and denies in part the Sheriff's and deputies' motion for summary judgment, R. 114.

I.

The following facts are drawn from the parties' Local Rule 56.1 materials, R. 103, 116, 129, 131, and is presented in the light most favorable to Plaintiff, the non-moving party, with all reasonable inferences drawn in his favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986); E.E.O.C. v. AutoZone, Inc., 630 F.3d 635, 639 (7th Cir. 2010). Plaintiff has also received the Local Rule 56.2 warning regarding summary judgment, R. 105, 117; see also Timms v. Frank, 953 F.2d 281, 285 (7th Cir. 1992), and the parties have complied with Local Rule 56.1.

On the evening of November 14, 2007, Jacobo was detained at the Will County Adult Detention Facility (for convenience's sake, the "Jail") facing various felony charges. R. 103 at 2, R. 116 at 1, R. 129 at 1, R. 131 at 1. Jacobo was being housed in a general population cell in the "A-Pod" area. R. 116 at 2, R. 131 at 1. At around 11:30 p.m., Defendant Rita Ramos, a nurse at the Jail, was called to Jacobo's cell. R. 103 at 2, R. 116 at 2, R. 129 at 1, R. 131 at 1. Jacobo claimed that he was suicidal and Nurse Ramos ordered Jacobo relocated to the Jail's medical unit and placed on suicide watch.

R. 103 at 2-3, R. 116 at 2, R. 129 at 1, R. 131 at 1.

Members of the Jail's Emergency Response Team (ERT), Defendants Lopez, Calderon, and Owens, were called to transport Jacobo to the medical unit. R. 116 at 2, R. 131 at 1. Lopez, Calderon and Owens are Will County Sheriff's deputies working at the Jail. Id. Lopez, Calderon, and Owens transported Jacobo to Cell 8 in the medical unit. R. 103-2 at 6.*fn2 Cell 8 is around 10-feet by 10-feet with a bed. Id. at 7, 9. It has three block walls and a solid door with a window. Id. at 7. The detainee is locked inside the cell and there is a buzzer with a speaker that allows him to communicate with an officer. Id. Officers also come to the cell to speak to detainees. Id.

Another detainee, Hernandez, was already in Cell 8 when Jacobo arrived with Lopez, Calderon, and Owens. R. 116 at 3, R. 131 at 3. Jacobo had never seen Hernandez before or since that evening. Id. Neither Jacobo nor Hernandez had a history of fighting or making threats against other detainees. Id. Jacobo told Lopez, Calderon, and Owens that he did not want to be in a cell with another person who he thought would also be suicidal. R. 116 at 2-3, R. 131 at 2-3. Jacobo believed that he was being taken to Cell 8 because he was on suicide watch, and assumed that Hernandez would be as well. Id.

Despite his protests, Jacobo was placed in Cell 8. Lopez, Calderon, and Owens left the scene. While in Cell 8, Jacobo was monitored by Defendant Micah, a deputy sheriff. The next 20 minutes were uneventful. Hernandez lay down on the cell floor while Jacobo renewed his requests to be moved from the cell explaining that he did not feel safe with another person in Cell 8. R. 116 at 3, R. 131 at 3.

Detainee Quentin Robinson was then brought to Cell 8 by Lopez, Calderon, Owens, and Adams. Id. Defendant Adams is also an ERT member and sheriff's deputy.

R. 116 at 2, R. 131 at 1. Jacobo protested Robinson's placement into the cell to Lopez, Calderon, Owens, and Adams. R. 103-2 at 8. In addition to his general concern about sharing Cell 8 with two other detainees he presumed to be on suicide watch, Jacobo had specific concerns regarding Robinson. Robinson was very aggressive when he was brought to the cell and Lopez, Calderon, Owens, and Adams had to force him into Cell 8. Id. Robinson was allegedly threatening the guards during the incident, saying he was going to kill them. Id. Jacobo was also concerned that Robinson was drunk or under the influence of drugs. Id. Once in Cell 8, Robinson threatened to beat up Jacobo. Id. Robinson did not have any type of restraints or handcuffs on in the cell. Id.

Once again, Owens, Calderon, Lopez, and Adams left the scene after the detainee (this time Robinson) was placed in Cell 8, leaving deputy Micah to monitor the cell. R. 116 at 3, R. 131 at 3. Jacobo again expressed his concerns for his safety to Micah, explaining that he was afraid to go to sleep because Robinson was threatening to beat him up. R. 103-2 at 8. Indeed, Jacobo was attacked four hours later by Robinson around 3:30 a.m. Id.

Jacobo states that he complained to Micah on five different occasions in the period after Robinson's placement into the cell but before the attack. Id. at 9. Jacobo alleges that he used the buzzer and banged on the door to get Micah's attention. Id. Micah allegedly stopped going over to check at some point despite Jacobo's repeated efforts to get his attention. Id. Jacobo claims that Robinson "talk[ed] to himself like a crazy person." Id. Robinson also supposedly pointed at Jacobo and said that he was going to kill or hit him. Id. Eventually Jacobo, Hernandez, and Robinson went to sleep. Hernandez was sleeping on the bed while Jacobo and Robinson were each sleeping on a separate air mattress on the cell floor. Id. at 9.

Jacobo was awoken by Robinson's assault against him at approximately 3:30 that morning. R. 103-2 at 10. Robinson was hitting Jacobo and saying that he was going to kill him. Id. Robinson kicked and punched Jacobo and eventually put him into a choke hold. Id. Nurse Ramos responded to a loud banging on the door to Cell 8 and saw that Robinson had Jacobo in a choke hold. R. 103 at 3, R. 129 at 1. Owens, Lopez, Calderon, and Adams then entered Cell 8 and removed Robinson. R. 103-2 at 10. Jacobo states that around five minutes passed between him being initially awoken by Robinson's assault and Robinson's removal from the cell. Id.

Jacobo was relocated to Cell 10 in the medical unit. Id. He was bleeding from his head and nose. Id. Nurse Ramos took Jacobo out of Cell 10 and cleaned his face. Id. at 11. She states that she examined Jacobo and found a one-half inch laceration on his forehead and a bloody nose, but there was no disfigurement of the nose. R. 103 at 3 ¶ 15. Jacobo believes that Ramos did not do much for him at this time and did not provide him additional bandages while he continued to bleed. R. 103-2 at 11. Jacobo conceded during his deposition, that he did not make any additional complaints to Ramos about his condition. Id. Ramos states that Jacobo denied having any nausea or vomiting, and said he did not lose consciousness. R. 103 at 3.

Recognizing that Jacobo needed additional care, Ramos contacted defendant Dr. Kul Sood (an employee of the Will County Jail) at around 4:15 a.m., and informed him that Jacobo had been in a fight and required stitches. R. 103 at 4, R. 129 at 18. (The ...


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