Johnson v. Cook County et al

Filing 14

MEMORANDUM Opinion and Order. The Court grants Cook County's motion to dismiss 8 and dismisses without prejudice the claims plaintiff asserts against it. Plaintiff has until March 10, 2016 to amend the claim against the County if he can do so and comply with Rule 11. If plaintiff fails to amend by that date, the Court will dismiss this claim with prejudice. Signed by the Honorable Jorge L. Alonso on 2/24/2016. Notice mailed by judge's staff (ntf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TERRY E. JOHNSON,
Plaintiff,
v.

SHERIFF OF COOK COUNTY and
COOK COUNTY, ILLINOIS,
Defendants.

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No. 15 C 11633
Judge Jorge L. Alonso

MEMORANDUM OPINION AND ORDER
Plaintiff sues defendants pursuant to 42 U.S.C. § 1983 for their alleged violations of his
constitutional rights. Cook County has filed a Federal Rule of Civil Procedure (“Rule”) 12(b)(6)
motion to dismiss the complaint. For the reasons set forth below, the Court grants the motion.

Facts
In December 2013, while he was a pretrial detainee at Cook County Jail, plaintiff had a
stroke and was treated at Stroger Hospital. (Compl. ¶¶ 5-6.) Pursuant to Sheriff’s Office policy,
plaintiff was shackled and handcuffed to his bed at all times while he was in the hospital. (Id. ¶ 7.)
Thus, “plaintiff could not ambulate as required for recovery from the stroke and was subjected to
inhumane treatment [and] prolonged and unnecessary pain.” (Id. ¶ 9.) When he returned to the Jail,
plaintiff did not have physical therapy as his doctors had ordered “because of policy decisions by
defendants to limit unreasonably the medical services available to detainees at the Cook County
Jail.” (Id. ¶¶ 10-11.) Plaintiff “suffered serious personal injuries” as a result. (Id. ¶ 12.)

Discussion
On a Rule 12(b)(6) motion to dismiss, the Court accepts as true all well-pleaded factual
allegations of the complaint, drawing all reasonable inferences in plaintiff’s favor. Hecker v. Deere
& Co., 556 F.3d 575, 580 (7th Cir. 2009). “[A] complaint attacked by a Rule 12(b)(6) motion to
dismiss does not need detailed factual allegations” but must contain “enough facts to state a claim
for relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A
claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw
the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 570).
To state a § 1983 claim against Cook County, plaintiff must allege that the County deprived
him of a constitutional right pursuant to one of its policies or practices. Monell v. Dep’t of Soc. Servs.
of City of N.Y., 436 U.S. 658, 694 (1978). A policy, in this context, is an express policy, a practice so
widespread and permanent that it has the force of law, or action by a person with final policymaking
authority. McCormick v. City of Chi., 230 F.3d 319, 324 (7th Cir. 2000). Plaintiff alleges that he did

not receive physical therapy because of “policy decisions by defendants to limit unreasonably the
medical services available to detainees at the Cook County Jail.” (Compl. ¶ 11.) However, as the
County points out, plaintiff does not allege “what Cook County’s policy was, how it was the driving
force behind any deprivation he suffered, or how Cook County’s . . . policy interacted with the
Sheriff’s policy decisions.” (Cook County’s Mot. Dismiss at 4.) Absent such allegations, plaintiff
has not stated a plausible claim for relief against the County.

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Conclusion
For the reasons set forth above, the Court grants Cook County’s motion to dismiss [8] and
dismisses without prejudice the claims plaintiff asserts against it. Plaintiff has until March 10, 2016
to amend the claim against the County if he can do so and comply with Rule 11. If plaintiff fails to
amend by that date, the Court will dismiss this claim with prejudice.
SO ORDERED.

ENTERED:

February 24, 2016

__________________________________
JORGE L. ALONSO
United States District Judge

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