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Darvosh v. Lewis

United States District Court, N.D. Illinois, Eastern Division

September 5, 2014

EBRAHIMI DARVOSH, Plaintiff,
v.
SERGEANT LEWIS, et al., Defendants

For Ebrahimi Darvosh, Plaintiff: Larry R. Rogers, LEAD ATTORNEY, Brian LaCien, Powers, Rogers & Smith, Chicago, IL.

For Sergeant Lewis, individually and in his official capacity as an Officer of the Sheriff's Office of Cook County, Thomas Dart and Cook County, Officer Gallancher, individually and in his official capacity as an Officer of the Sheriff's Office of Cook County, Thomas Dart and Cook County, Defendants: Michael Jude Sorich, LEAD ATTORNEY, Cook County State's Attorney, Chicago, IL.

Page 1131

MEMORANDUM OPINION AND ORDER

Rubé n Castillo, Chief United States District Judge.

Plaintiff Ebrahimi Darvosh, an inmate at the Cook County Jail, brings this action under 42 U.S.C. § 1983 against certain officers of the Cook County Sheriff's Office, alleging that they violated his constitutional rights during his incarceration. Plaintiff names the following defendants: Sergeant Lewis, Officer Gallancher, Lieutenant John Doe, Officer Farris, Officer Moore, Officer Johnson, Officer John Doe, Officer Star #8324, Sheriff Thomas Dart, the Sheriff's Office of Cook County, and Cook County, Illinois. Lewis and Gallancher (" Defendants" for the purposes of the present opinion) filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(a), which is presently before the Court. For the reasons set forth below, their motion is granted.

RELEVANT FACTS[1]

Prior to filing this suit, Plaintiff had filed multiple prior lawsuits against Sheriff

Page 1132

Dart and similar defendants.[2] (Pl.'s Rule 56.1 Resp. 912; R. 1, Compl. at 3.) In each of these cases, Plaintiff brought claims under section 1983 against Sheriff Dart, the Cook County Department of Corrections, and others, alleging that the defendants failed to protect him from attacks by fellow prisoners and denied him proper medical care for his injuries. (Defs.' Rule 56.1 Resp. ¶ ¶ 1, 2, 5, 6.) Case numbers 09 C 1534 and 09 C 7825 (collectively, the " Settled Cases" ) were the subjects of settlement agreements between Plaintiff and the Cook County State's Attorney's Office (the " Agreements" ).[3] (Pl.'s Rule 56.1 Resp. ¶ 5.) Plaintiff retained separate appointed counsel in each of those suits. ( Id. ¶ 3.) Plaintiff signed the Agreements on December 27, 2012. (R. 23-2, Ex. II, 09 C 7825 Agreement; R. 23-3, Ex. III, 09 C 1534 Agreement.) Paragraph Six of the Agreements states:

Plaintiff . . . fully and forever releases, acquits and discharge[s] defendants, and their agents, employers and former employers, either in their official or individual capacities, from any and all actions, suits, debts, sums of money, accounts and all claims and demands of whatever nature, in law or in equity that are the subject of [09 C 7825] and [09 C 1534], including but not limited to (i) any and all other claims from Plaintiff's incarceration at the Cook County Jail, up until the date of the execution of this settlement agreement; (ii) any and all claims for Constitutional violations against Plaintiff, and/or any damaged or destroyed property which are the subject of [09 C 7825] and [09 C 1534] or during the timeframe of Plaintiff's incarceration at the Cook County Jail up until the date of the execution of this settlement agreement; (iii) any costs accrued arising out of Plaintiff's interaction with Defendants, and/or any other employees of the Cook County Department of Corrections which are the subject of [09 C 7825] and [09 C 1534], or during his stay at the Cook County Jail up until the date of the execution of this settlement agreement; and/or (iv) any claim or suit which he, his heirs, assigns and legal representatives, may heretofore or hereafter have had by reason of said incidents which are the subject of [09 C 7825] and [09 C 1534] . . . or any other incident as a result of his incarceration at the Cook County Jail up until the date of the execution of this settlement agreement.

(R. 23-2, Ex. II, 09 C 7825 Agreement ¶ 6; R. 23-3, Ex. III, 09 C 1534 Agreement ¶ 6.)

The instant suit arises from an incident on May 29, 2012, when Plaintiff's cellmate

Page 1133

at the Cook County Jail allegedly attacked Plaintiff, causing serious injury. (Defs.' Rule 56.1 Resp. ΒΆ 1; ...


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