United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
MANISH S. SHAH, District Judge.
While a pre-trial detainee at Cook County Jail, Dwight Moore was taken to an offsite hospital for medical care. He was unconscious on arrival, and his injuries left him unable to eat, so he was fed intravenously. Throughout his stay, pursuant to the Cook County Sherriff's express policy, Moore was guarded by correctional officers and shackled to his bed. Moore sued the Sheriff, Thomas Dart, in his official capacity, alleging that the shackling policy violated Moore's due process rights under the Fourteenth Amendment. Dart moves for summary judgment. For the reasons below, that motion is denied.
I. Legal Standards
Summary judgment is appropriate if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Spurling v. C & M Fine Pack, Inc., 739 F.3d 1055, 1060 (7th Cir. 2014); Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). A genuine dispute as to any material fact exists if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). In determining whether a genuine issue of material fact exists, the court must construe all facts and reasonable inferences in the light most favorable to the nonmoving party. CTL ex rel. Trebatoski v. Ashland Sch. Dist., 743 F.3d 524, 528 (7th Cir. 2014).
Dwight Moore was admitted to Cook County Jail on May 18, 2011. DSOF ¶ 12. He was classified as a maximum-security detainee. DSOF ¶ 35. At admission, medical personnel noted that he limped and needed a cane to walk. PSOF ¶ 2. Two days later, he was evaluated by a registered nurse, who noted that Moore "walks with a walking stick with poor gait" and had to be "helped to the dispensary by another detainee." PSOF ¶ 3.
On July 3, 2011, Moore was assaulted (or was in a fight), and he sustained injuries that required immediate attention. DSOF ¶¶ 6, 13-15. He was assessed by medical staff and sent to Mt. Sinai Hospital. DSOF ¶ 6. After losing consciousness, Moore arrived at Mt. Sinai with a swollen right mandible and contusions on his chest and face. PSOF ¶ 4. He was diagnosed with a broken hand, a lacerated liver, and a contusion to the head. DSOF ¶ 6. His injuries prevented him from eating, so he was fed intravenously. PSOF ¶ 9; DSOF ¶ 37.
Mt. Sinai is a public hospital, where detainees are not segregated from others. DSOF ¶ 16. Moore shared a room with a non-custodial patient. DSOF ¶ 26. Moore's family was sometimes present in the room. DSOF ¶ 37. On July 6, 2011, Moore was moved to Stroger Hospital. PSOF ¶ 11; DSOF ¶ 39. Stroger is a large facility that treats many patients and has a large staff. DSOF ¶ 54.
The Sheriff maintains an express policy concerning hospital detainees, which provides, among other things, that:
"Constant visual surveillance of detainee is required and maintained at all times. At no time is a detainee to be left unattended under any circumstances.";
"Handcuffs will be applied to one wrist.... Chain will be wrapped around bed frame (not to be attached to hand rails of bed or to part of bed that can be broken off) and padlocked secured.";
"[O]ne [l]eg shackle will be applied to the opposite ankle.... Other leg shackle is to be attached to a sturdy part of bed[.] [L]eg shackles are also to be double locked.";
"Handcuffs, shackles blue box, chain and padlock will be standard policy for all detainees at hospitals."; and
"If detainee is to be ambulated, transported or tested, supervisor will assign two officers to perform task. Detainee is still to be restrained either with handcuffs or leg ...