IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION

ROBERT A. HAMER, as Independent Administrator of the ESTATE OF DONALD E. HAMER, JR., deceased, and on behalf of the survivors,

Plaintiff(s), NO. 3:23-CV-50340

v. HONORABLE IAIN D. JOHNSTON

MCHENRY COUNTY SHERIFF et al.,

Defendants.

MEMORANDUM OPINION AND ORDER Plaintiff Robert Hamer, administrator of the estate of Donald Hamer, brings this action under

and Illinois state law against several defendants, in- cluding the McHenry County Sheriff; McHenry County; Wellpath, Inc.; and McHenry County Jail medical personnel. After being arrested for driving under the influence, Mr. Hamer died while in custody at the McHenry County Jail, and Plaintiff alleges that Defendants failed to appropriately treat his medical issues. Before the Court is Defendants’ motion to dismiss. For the following reasons, the motion is granted. LEGAL STANDARD To survive a motion under Federal Rule of Civil Procedure 12(b)(6), a plaintiff must allege facts sufficient to “state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly,

(2007). The Court accepts all well-pleaded facts as true and draws all reasonable inferences in favor of the plaintiff. United States ex rel. Berkowitz v. Automation Aids, Inc.,

(7th Cir. 2018). DISCUSSION The parties agree that Counts I and I]—the § 1983 claims—should have been brought under the Fourteenth Amendment instead of the Eighth Amendment be- cause Mr. Hamer was detained pretrial. See Dkt. 47 at 6; see also Hardeman v. Cur- ran,

(7th Cir. 2019). Although plaintiffs aren’t required to plead legal theories, only facts, see Runnion v. Girl Scouts of Greater Chi. & Nw. Ind.,

(7th Cir. 2015), the Court is mindful of potential prejudice to the parties when a response brief seeks to amend the complaint. See Schmees uv. HC1.COM, Inc.,

(7th Cir. 2023). Counts I and II are dismissed without prejudice. The remaining counts are state law claims; the Court declines to exercise supple- mental jurisdiction at this time, so the counts are dismissed without prejudice, but they may be repleaded in an amended complaint that corrects the federal claims. Plaintiff has until May 20, 2024, to amend. If no amended complaint is filed by then, the dismissals of the federal claims will convert to dismissals with prejudice, but the dismissals of the state claims will remain without prejudice to being refiled in state court.

Date: April 17, 2024 _SSSs— United States District Judge