United States District Court, N.D. Illinois, Eastern Division
D. Leinenweber Judge
MEMORANDUM OPINION AND ORDER
D. Leinenweber, Judge
the Court is Defendant John E. Zaruba's Motion to Dismiss
pursuant to Fed.R.Civ.P. 12(b)(6) [ECF No. 14]. For the
reasons stated herein, the Motion is denied.
following facts are contained in the Complaint and are
presumed true for purposes of deciding the Motion to Dismiss.
See, Forrest v. Universal Sav. Bank, F.A., 507 F.3d
540, 542 (7th Cir. 2007).
Anna Bitautas (“Bitautas” or
“Plaintiff”) was arrested by a DuPage County
Deputy Sheriff and taken to the DuPage County Jail on (or
about) the evening of September 3, 2016. Plaintiff alleges
that as reprisal for her complaining about being handled
roughly during processing at the jail, she was designated to
be a suicide risk by an Officer Cogdell and a Nurse Jane Doe.
Officer Cogdell, Nurse Jane Doe, an Officer Jasper and four
Jane Doe Officers - all Defendants in this lawsuit - then
approached Plaintiff with scissors and threatened to cut off
her clothes. “To preserve her clothes, ”
Plaintiff removed them. She was then placed naked in a
freezing cell with a “visibly filthy” blanket.
further alleges that as a consequence of a recent
miscarriage, she began to bleed profusely while in the cell.
Despite “loudly complain[ing]” that she needed a
tampon, Plaintiff was not provided with any such means to
stop the bleeding. Instead, she was taunted by Officer
Cogdell, Officer Jasper, and Nurse Jane Doe for her
was the blood cleaned up at Plaintiff's repeated request.
As result, Plaintiff's blood pooled on the floor, and she
slipped on it, injuring her head and shoulder. Sometime
later, a male officer observed Plaintiff through the window
of her cell and said that she needed medical attention. Nurse
Jane Doe then examined Plaintiff but did not provide
treatment for her head and shoulder injury. She also did not
provide adequate feminine hygiene products to stop
Plaintiff's bleeding. Plaintiff was left naked in the
cell in full view of passing male personnel until she was
released on bond around 7:45 a.m. the next morning.
lawsuit arises from the above alleged incidents. In her
Amended Complaint, Plaintiff alleges five causes of action.
Against Officer Cogdell, Officer Jasper, the Jane Doe
Officers, and Nurse Jane Doe (collectively, the
“Individual Defendants”), Plaintiff asserts two
§ 1983 claims. She also asserts an indemnification claim
against DuPage County. Finally, she brings two state-law
claims against DuPage County Sheriff John Zaruba (“the
Sheriff”), which are the subject of this Motion to
claims against the Sheriff are brought under the principle of
respondeat superior. Count III is a claim for
intentional infliction of emotional distress, which states
that the Individual Defendants, who are the Sheriff's
employees, acted with “malice, willfulness, and
deliberate indifference to Plaintiff's rights” in
their treatment of her during the night at the jail. Count IV
is a negligence claim arising from the Individual
Defendants' failure to clean the blood on the floor,
thereby causing Plaintiff to slip and injure herself. Both
counts are made against the Sheriff in his official capacity.
Sheriff seeks to dismiss both causes of action in reliance on
various provisions of the Illinois Tort Immunity Act. For the
reasons discussed below, the Court finds that the Sheriff is
not entitled to immunity under any of the provisions cited.
Count III: Intentional Infliction of Emotional
defeat the first cause of action against him, the Sheriff
cites 745 ILCS 10/2-204. This provision states that,
“Except as otherwise provided by statute, a public
employee, as such and acting within the scope of his
employment, is not liable for an injury caused by the act or
omission of another person.” Plaintiff counters that
Section 10/2-204 only shields public employees from