Doe v. Kane Cnty.
Doe v. Kane Cnty.
Opinion of the Court
The present consolidated lawsuits are based on a tragic incident that took place at Defendant Northwestern Medicine Delnor Hospital (hereinafter "Delnor Community Hospital") in Geneva, Illinois, where a Kane County Correctional Officer lost control of pretrial detainee Tywon Salters, who then took nurses hostage at gunpoint and physically assaulted two of the nurses. After a three-hour hostage standoff, Kane County S.W.A.T team members shot and killed Salters. Four nurses, two of their husbands ("Doe Plaintiffs"), and two hospital patients, Victoria Weiland and Deanna Chrones ("Patient Plaintiffs"), have brought claims against Defendants Delnor Community Hospital, Kane County, Kane County Correctional Officer Shawn Loomis, and Apex3 Security based on their Fourteenth Amendment substantive due process right to bodily integrity and common law negligence pursuant to the Court's original and supplemental jurisdiction.
In particular, in their Second Amended Complaint, the Jane Doe Plaintiffs bring the following claims: (1) substantive due process against Defendant Loomis (Counts I, VII, XI, XIV); and (2) common law negligence against Apex3 Security (Counts III, IX, XII, XV). The John Doe Defendants bring loss of consortium claims based on their wives' substantive due process claims (Counts II and VIII) and common law negligence claims (Counts IV and X). The Doe Plaintiffs also bring indemnification claims against Kane County in the remaining counts pursuant to 745 ILCS 10/9-102. Similarly, in their First Amended Complaint, the Patient Plaintiffs bring: (1) a substantive due process claim against Defendant Loomis (Count I); (2) a negligence claim against Defendant Apex3 Security (Count II); and (3) a negligence claim against Defendant Delnor Community Hospital (Count III). The Patient Plaintiffs also bring an indemnification claim under 745 ILCS 10/9-102 against Kane County (Count IV).
*965Before the Court are Defendants' motions to dismiss brought pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the Court grants in part Defendant Kane County's motion to dismiss in relation to the John Doe constitutional loss of consortium claims alleged in Counts II and VIII of the Second Amended Complaint, along with the John Doe Plaintiffs' indemnification claims related to their constitutional loss of consortium in Counts VI and X. The Court denies the remainder of Defendant Kane County's motions to dismiss. Further, the Court denies Defendant Loomis' and Defendant Apex3 Security's motions to dismiss in their entirety. Last, the Court grants Defendant Delnor Community Hospital's motion to dismiss Count III of the Patient Plaintiffs' First Amended Complaint.
LEGAL STANDARD
"A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) challenges the viability of a complaint by arguing that it fails to state a claim upon which relief may be granted." Camasta v. Jos. A. Bank Clothiers, Inc.,
BACKGROUND
The Doe Plaintiffs' Second Amended Complaint and the Patient Plaintiffs' First Amended Complaint allege that Tywon Salters served a sentence in the Illinois Department of Corrections for Class 2 felonies and was released on parole in October 21, 2016. (R. 24, Second Am. Compl. ¶¶ 15-16; R. 57, First Am. Compl. ¶¶ 11-12.) Less than five months later, on March 11, 2017, law enforcement officers arrested Salters and booked him into the Kane County Jail on felony charges related to his receiving and possessing a stolen vehicle. (Second Am. Compl. ¶ 17; First Am. Compl. ¶ 13.) Based on Salters' violent past, the Kane County State's Attorney successfully argued against any bond reduction that would allow Salters out of custody. (Second Am. Compl. ¶ 19.) At that time, Kane County Correctional Officers knew that Salters took medications for his mental conditions and that Salters was a member of the Black Disciple street gang. (Second Am. Compl. ¶¶ 15, 20; First Am. Compl. ¶¶ 10, 14.)
On May 7, 2017, while in custody, Salters ingested hydrogen peroxide, after which Kane County Correctional Officers transported him to Delnor Community Hospital, and once released, Kane County officials placed him on suicide watch at the Kane County Jail. (Second Am. Compl. ¶¶ 21-23; First Am. Compl. ¶¶ 15-16.) The next day, Salters ingested a jail-issued sandal and liquid cleaner, and, once again, Kane County Correctional Officers transported him to Delnor Community Hospital for medical treatment. (Second Am.
*966Compl. ¶¶ 24-25, First Am. Compl. ¶¶ 17-18.) On May 9, 2017, the hospital transferred Salters to the medical-surgical unit on the third floor of the hospital where he stayed until the incident that took place on May 13, 2017. (Second Am. Compl. ¶¶ 26-27; First Am. Compl. ¶¶ 19-20.) Plaintiffs assert that during that time period, Kane County Correctional Officers were aware that Salters was combative, uncooperative, and manipulative. (Second Am. Compl. ¶ 32; First Am. Compl. ¶¶ 22-23.) Further, Plaintiffs state that Kane County Correctional Officers, including Defendant Loomis, were aware that Salters was a flight risk and posed a serious danger to the hospital staff, nurses, and patients. (Second Am. Compl. ¶ 33; First Am. Compl. ¶ 24.)
Plaintiffs allege that pursuant to the polices of the Kane County Sheriff's Office, Kane County Correctional Officers were required to protect hospital staff, nurses, and patients from Salters while he was at Delnor Community Hospital. (Second Am. Compl. ¶ 42; First Am. Compl. ¶ 37.) Also, armed Kane County Correctional Officers were to guard and maintain control over Salters at all times while he was a patient, including that Salters' leg was to remain shackled to his hospital bed. (Second Am. Compl. ¶¶ 37-39; First Am. Compl. ¶¶ 32-34.)
On May 8, 2017, while in the emergency room of Delnor Community Hospital, Salters asked to use the bathroom, at which time the Kane County Correctional Officer guarding him released Salters from his shackles, vacated the room, and left Salters alone with a nurse while he used the toilet. (Second Am. Compl. ¶ 46; First Am. Compl. ¶ 41.) The hospital notified the Kane County Sheriff's Office and Apex3 Security of this incident. (Second Am. Compl. ¶ 46; First Am. Compl. ¶¶ 41-42.) On both May 11 and May 12, 2017, Correctional Officers unshackled Salters and allowed him to walk unrestricted through the hallways on the third floor of the hospital. (Second Am. Compl. ¶¶ 51, 52; First Am. Compl. ¶¶ 47, 48.) Correctional Officers also allowed Salters' unrestricted use of the telephone in his hospital room. (Second Am. Compl. ¶ 49; First Am. Compl. ¶ 45.)
On the morning of May 13, 2017, nurses observed Kane County Correctional Officers sitting in Salters' hospital room using their electronic devices while Salters was unshackled. (Second Am. Compl. ¶¶ 53-54; First Am. Compl. ¶¶ 49-50.) Sometime thereafter, Correctional Officer Defendant Loomis began guarding Salters and removed Salters' leg shackle more than once so that Salters could use the toilet. (Second Am. Compl. ¶¶ 57, 59; First Am. Compl. ¶¶ 51-52.) After unshackling Salters, Defendant Loomis did not restrain or shackle Salters after he used the bathroom. (Second Am. Compl. ¶¶ 58, 60; First Am. Compl. ¶ 53.) Instead, Defendant Loomis allowed Salters to remain unshackled and without any restraints in his hospital room for at least thirty minutes. (Second Am. Compl. ¶ 62; First Am. Compl. ¶ 53). Jane Doe III then entered Salters' hospital room and observed him sitting unrestrained on the side of his hospital bed, after which she asked Defendant Loomis why Salters was not restrained. (Second Am. Compl. ¶ 61.) Defendant Loomis did not respond. (Id. ) After Jane Doe III left, Salters grabbed Defendant Loomis' 9mm handgun and ran out of his hospital room onto the third floor despite Defendant Loomis' duty to protect and holster his firearm so that no one would be unable to gain access to it. (Id. ¶¶ 63-64; First Am. Compl. ¶¶ 43, 54-55.) Furthermore, Plaintiffs allege that after Defendant Loomis lost control of Salters, he did not protect or warn hospital staff, nurses, or patients. (Second Am. Compl. ¶¶ 65-66; First Am. Compl. ¶¶ 56-57.) Rather, Plaintiffs *967allege that Defendant Loomis ran from the situation and purposely hid in another hospital room. (Second Am. Compl. ¶ 64; First Am. Compl. ¶ 55.)
In the meantime, Salters went to an office where he took Jane Doe I hostage, forced her to remove her clothes, threatened her, and physically and verbally abused her while holding her at gunpoint. (Second Am. Compl. ¶ 67; First Am. Compl. ¶ 58.) Jane Doe II then entered the office, at which time Salters took her hostage at gunpoint forcing her to go to a "decontamination room" on the first floor of the hospital. (Second Am. Compl. ¶¶ 68, 69.) While forcing Jane Doe II at gunpoint, Jane Doe IV came upon Salters and Jane Doe II. (Id. ¶ 70.) Thereafter, Salters held Jane Doe II hostage in the decontamination room for over three hours at gunpoint, during which he repeatedly beat her, forced her to remove her clothes, violently raped her, threatened her life, and verbally abused her. (Id. ¶ 71.) For part of this time period, Jane Doe III was in close proximity to the hostage situation. (Id. ) In the interim, a standoff ensued between Salters and Kane County S.W.A.T. team members while Salters was holding Jane Doe II hostage. (Id. ¶ 72.) At approximately 4:00 p.m. on May 13, 2017, the S.W.A.T. team members shot and killed Salters. (Id. ¶ 73.) The bullet that struck and killed Salters also struck Jane Doe II. (Id. )
After Defendant Loomis lost control of Salters, Patient Plaintiff Weiland was able to hear screams from staff members whom Salters was holding hostage and then she called 911. (First Am. Compl. ¶¶ 59, 61.) Plaintiff Weiland remained in her windowless room on the third floor of the hospital for over an hour without knowing any information about her safety. (Id. ¶¶ 60-61.) Plaintiff Chrones was in a nearby hospital room on the third floor, could hear hostage negotiations, and had a direct line of sight to the S.W.A.T. team members-although hospital staff eventually moved her to another room during the standoff. (Id. ¶¶ 61-63.) The Patient Plaintiffs assert that they have suffered post-traumatic stress disorder as a result of these events. (Id. ¶ 66.) Plaintiff Weiland specifically alleges that she has been afraid to return to any medical facilities since the hostage standoff and Plaintiff Chrones alleges that she has suffered health problems based on her anxiety resulting from the incident. (Id. ¶¶ 67, 68.) Similarly, the Jane Doe Plaintiffs allege that they suffered emotional, as well as physical injuries, as a result of the hostage situation. (Id. ¶¶ 79, 87, Second Am. Compl. ¶¶ 83, 93, 111, 121, 139, 147, 160, 168.)
Plaintiffs further contend that during the relevant time period, Defendant Apex3 Security was a private Illinois security company responsible for the safety, security, and well-being of Delnor Community Hospital's staff and patients. (Second Am. Compl. ¶ 34; First Am. Compl. ¶¶ 25-26.) Specifically, Delnor Community Hospital hired Apex3 Security to provide security for those on the hospital's premises. (First Am. Compl. ¶¶ 26, 27.) According to Plaintiffs, Apex3 Security voluntarily provided security measures for those who were lawfully on the premises and was also tasked with monitoring inmates admitted to the hospital. (Second Am. Compl. ¶¶ 35-36; First Am. Compl. ¶¶ 28-29.) As part of the contract with Delnor Community Hospital, Apex3 Security was to ensure that the Kane County Correctional Officers followed proper security protocols. (Second Am. Compl. ¶ 36; First Am. Compl. ¶ 31.)
ANALYSIS
I. Substantive Due Process Claims
A. State-Created Danger Exception
Both the Jane Doe and Patient Plaintiffs bring claims based on their substantive *968due process right to bodily integrity against Kane County Correctional Officer Loomis under the state-created danger exception to DeShaney v. Winnebago Cnty. Dep't of Social Serv.,
1. Affirmative Acts Creating or Increasing Danger
First, Defendants generally argue that state actors do not create or increase the danger of private violence when an inmate escapes their custody.
The Kane County Defendants argue that Plaintiffs' claims are based on Defendant Loomis' inaction-not his affirmative conduct-therefore, Plaintiffs have failed to sufficiently allege that Defendant Loomis created or increased any danger to them. See Wilson-Trattner ,
Examining Plaintiffs' allegations and all reasonable inferences in their favor, they have alleged more than indifference or inaction on the part of Defendant Loomis. Specifically-in the context of Defendant Loomis' awareness that Salters was combative, manipulative, a flight risk, and that he posed a serious danger to the hospital staff and patients-while guarding Salters, Defendant Loomis unshackled him on more than one occasion and allowed Salters to use the bathroom unshackled and unsupervised. After leaving Salters unrestrained for approximately thirty minutes, Salters grabbed Defendant Loomis' gun. At that point, Defendant Loomis lost control of Salters. Plaintiffs allege that thereafter Defendant Loomis ran from the situation and purposely hid in another hospital room. Based on these allegations, Defendant Loomis' affirmative conduct of unshackling Salters for a substantial period of time provided Salters with the opportunity to grab his 9mm handgun and escape. Thus, unlike the facts in Buchanan-Moore , Salters was in custody when he escaped, whereas the perpetrator of the crimes in Buchanan-Moore had been released from custody and was on the Milwaukee streets when he committed the violent crimes at issue. See Buchanan-Moore v. Cnty. of Milwaukee,
*9702. Proximate Cause
Next, Defendants contend that Plaintiffs have failed to adequately allege proximate cause. To plausibly allege proximate cause, Plaintiffs must set forth sufficiently detailed facts raising the inference that they were foreseeable victims of Defendant Loomis' actions in a tort sense. See Buchanan-Moore ,
Here, Plaintiffs' factual allegations include that once Defendant Loomis created the dangerous situation by unshackling Salters, the threat of harm was immediate and limited in duration because Salters instantly began to commit violent crimes and continued to do so over the next three hours within the confines of the hospital. Plaintiffs' allegations also reflect that the geography and range of the victims was small, mainly, nurses who had treated Salters and were in close proximity to Salters after Defendant Loomis lost control of him, as well as patients on the same floor as Salters-as opposed to the public at large. Therefore, unlike the facts in Buchanan-Moore, the range of potential victims and the particularized setting of the hospital do not amount to "a generalized, amorphous zone of danger." Buchanan-Moore,
3. Shocks the Conscience
Further, Defendants assert that Plaintiffs have not adequately alleged that Defendant Loomis' conduct "shocks the conscience." The Supreme Court has held that state action shocks the conscience if it is "arbitrary in the constitutional sense" and that only "the most egregious official conduct" satisfies this stringent standard. See County of Sacramento v. Lewis ,
Viewing the allegations as true and all reasonable inferences in Plaintiffs' favor, Defendant Loomis had the opportunity for reasoned deliberation in deciding to unshackle Salters allowing him to move freely around the hospital room for a substantial period of time, despite the fact that Defendant Loomis knew Salters was a violent, convicted felon. Defendant Loomis' conduct of losing control of Salters and then running and hiding after Salters grabbed his gun evinced deliberate indifference because Defendant Loomis consciously disregarded "known or obvious dangers." Accordingly, Plaintiffs have sufficiently alleged that Defendant Loomis' conduct "shocks the conscience." See Iqbal,
B. Qualified Immunity
Defendants also argue that Correctional Officer Loomis is shielded by the affirmative defense of qualified immunity. "[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established at the time.' " D.C. v. Wesby , --- U.S. ----,
As discussed directly above, Plaintiffs have adequately alleged that Defendant Loomis violated their constitutional rights, therefore, the Court turns to whether the unlawfulness of Defendant Loomis' conduct was clearly established on May 13, 2017. When assessing the clearly established prong of qualified immunity "the inquiry is aimed at determining whether a reasonable person in the officer's position would have understood his actions to be against the law at the time he acted." Canen v. Chapman ,
In general, "[i]t is clearly established that state actors who, without justification, increase a person's risk of harm violate the Constitution." Paine ,
The Court thus turns to whether the law at the time of Defendant Loomis' conduct was sufficiently clear such that a reasonable officer would understand that his actions were unlawful. See Wesby,
Plaintiffs' allegations and all reasonable inferences indicate that Defendant Loomis was aware of Salters' violent propensities and the increased dangers to those nearby if Defendant Loomis lost control of Salters. Had Defendant Loomis not lost control of Salters, Jane Does I and II would not have been held hostage at gunpoint and brutalized and the other Plaintiffs would not have been terrorized by Salters wreaking havoc at the hospital causing a hostage situation and resultant police standoff. Based on White , Reed , Monfils , and Paine , the law at the time of Defendant Loomis' alleged misconduct was sufficiently clear that a reasonable officer would understand that his actions were unlawful. The Court therefore denies Defendants' motions to dismiss in this respect.
C. Loss of Consortium
In Counts II and VIII of the Second Amended Complaint, John Doe I and John Doe II bring constitutional loss of consortium claims based on the substantive due process violations alleged by Jane Doe I and Jane Doe II. Loss of consortium claims, however, are not recognized as constitutional deprivations under
II. Common Law Negligence Claims
Plaintiffs also bring common law negligence claims (and loss of consortium tort claims) against Defendants Apex3 Security and Delnor Community Hospital. To prove a negligence claim under Illinois law, "a plaintiff must establish the existence of a duty, the defendant's breach of that duty, and that the breach proximately caused the plaintiff's resulting injuries." Roh v. Starbucks Corp. ,
The parties do not dispute that there was a "special relationship" between Salters as a pretrial detainee and the Kane County Sheriff's Office as custodian pursuant to the Illinois County Jail Act. See 730 ILCS 125/2. As the Supreme Court of Illinois teaches, "[t]he Act designates the county sheriff as the warden of the local county jail and, as jail warden, the sheriff has custody of all prisoners in the jail." People v. Hunt,
Any place to which the prisoners are so removed shall, during their imprisonment there, be deemed, as to such prisoners, a prison of the county in which they were originally confined; but, they shall be under the care, government and direction of the Warden of the jail of the county in which they are confined.
730 ILCS 125/14.
Relying on the County Jail Act, however, Defendant Apex3 Security argues that Salters was in the exclusive and sole custody of the Kane County Sheriff's Office, and thus it had no duty to protect individuals on the hospital's premises from Salters' criminal conduct. Apex3 Security specifically asserts that "[p]rivate security contractors hired by hospitals have no duty to prevent inmates or pre-trial detainees from committing violent criminal acts against others, in part, because those inmate patients are under the exclusive custody of their prospective county sheriff." (R. 30, Opening Brief, at 4; R. 40, Opening Brief, at 5.) In support of this argument, Apex3 Security relies on an Illinois Appellate Court case decided in 1975. See St. Mary of Nazareth Hosp. v. City of Chicago ,
Based on St. Mary of Nazareth , Apex3 Security argues that it "had no authority *975to control or direct either the Kane County Sheriff's deputy or Salters." (Opening Brief, at 5.) The Illinois Appellate Court in St. Mary of Nazereth , however, did not hold as such. In fact, the Court could not find any legal authority supporting Apex3 Security's theory that only the County can be liable under the circumstances pursuant to the Illinois County Jail Act or otherwise. Apex3 Security's argument that "[j]ust because an inmate like Salters is admitted to a hospital for emergency medical treatment, as required by federal and state law, does not mean that the hospital and its security staff voluntarily accepted or undertook any duty" is also untethered from any legal authority. The Court also notes that Apex3 Security is attempting to add facts to Plaintiffs' allegations by stating it had no authority or control in relation to Salters despite Plaintiffs' allegations to the contrary. See Smith v. Burge,
On the other hand, Plaintiffs contend that Apex3 Security had a duty to protect them because it voluntarily and contractually undertook the duty to provide security for the hospital's patients and staff. Indeed, under Illinois law, "a defendant may be liable for the criminal actions of third parties if it voluntarily undertakes to protect against such activity by providing security measures." McKenna v. AlliedBarton Sec. Servs., LLC,
Construing their well-pleaded allegations as true and all reasonable inferences in their favor, Plaintiffs allege that during the relevant time period, Defendant Delnor Community Hospital and Apex3 Security entered into a voluntary contract in which Apex3 Security would provide security and safety measures for those on the hospital's premises, including staff, nurses, and patients. Further, Plaintiffs allege that Defendant Apex3 Security voluntarily contracted to monitor the detainees and inmates admitted to the hospital and to ensure that the Kane County Correctional Officers followed proper security protocols. Plaintiffs maintain that Apex3 Security was on notice that the Kane County Correctional Officers violated certain policies by leaving Salters unshackled and unattended on at least one occasion. These allegations-viewed in Plaintiffs' favor-plausibly state that Apex3 Security had a duty to protect Plaintiffs from harm, including Salters' criminal conduct, based *976on Apex3 Security's voluntary undertaking. See Iqbal,
Next, although the Patient Plaintiffs allege a negligence claim against Defendant Delnor Community Hospital in Count III of their First Amended Complaint, in their legal memoranda, they do not provide any explanation how or why the hospital had a legal duty to protect them in order to maintain their negligence claim against the hospital. To clarify, the Patient Plaintiffs joined the Doe Plaintiffs' response brief to Apex3 Security's motions to dismiss and the Doe Plaintiffs' brief did not address whether Delnor Community Hospital had a legal duty to protect the Patient Plaintiffs. Moreover, it is well-settled in this Circuit that it is not the Court's role to make parties' legal arguments for them. See Economy Folding Box Corp. v. Anchor Frozen Foods Corp. ,
CONCLUSION
For these reasons, the Court grants in part and denies in part Defendant Kane County's Rule 12(b)(6) motion to dismiss Plaintiffs' Second Amended Complaint in case number
On February 13, 2018, the Executive Committee for the Northern District of Illinois reassigned these consolidated lawsuits to the Court due to Judge Samuel Der-Yeghiayan's retirement from the bench.
Defendants' reliance on Town of Castle Rock v. Gonzales,
Defendant Kane County's argument that the Plaintiffs who did not suffer "physical violence at the hands of Salters" cannot bring substantive due process claims is not supported by the legal authority it cites. Moreover, "the protections of the Due Process Clause against arbitrary intrusions on personal security include both physical and emotional well-being." White v. Rochford ,
In its reply brief, Apex3 Security withdrew its arguments under the Illinois Workers' Compensation Act.
Reference
- Full Case Name
- Jane DOES I-IV and John Does I and II v. KANE COUNTY, Shawn Loomis, and Apex3 Security LLC, Victoria Weiland and Deanna Chrones v. Kane County, Shawn Loomis, Apex3 Security, LLC, and Northwestern Medicine Delnor Hospital
- Cited By
- 4 cases
- Status
- Published