Newell v. Jerome Combs Detention Center
2:13-cv-02018
C.D. Ill.Oct 9, 2013Background
- Newell, a federal detainee with disabilities, sues under §1983 and the ADA over conditions at JCDC in 2011.
- Defendants moved to dismiss under Rule 12(b)(6); plaintiff initially did not respond by the deadline.
- Plaintiff amended to add numerous new defendants and allegations; the case now lists about 25 defendants.
- Movants argue lack of service/appearance and that some defendants are not properly named or served.
- Court denies the motion to dismiss, allowing the amended complaint to proceed and requiring defendants to answer within 14 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether supervisors have personal involvement for §1983 liability | Newell alleges supervisors knew of medical needs and ignored them. | Movants contend lack of specific personal involvement by certain supervisors. | Yes, plaintiffs sufficiently allege personal involvement for some supervisors. |
| Whether Monell claims survive against the sheriff’s department in official capacity | Allegations show an official policy or custom causing violations. | Claims against officials in their official capacity are redundant and improperly framed. | Allegations constitute a moving-force policy or custom against the entity. |
| Whether Title II ADA claim is properly against the Sheriff’s Department or must be against the Sheriff’s Office | Discrimination in access to facilities arises from the department and marshals. | Only the Sheriff’s Office/Department entity is proper under Title II. | ADA claim survives to proceed against properly named entity. |
Key Cases Cited
- Perkins v. Silverstein, 939 F.2d 463 (7th Cir. 1991) (standard for plausibility and favorable-inference review in §1983 claims)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility pleading standard)
- Ashcroft v. Iqbal, 129 S. Ct. 1937 (U.S. 2009) (context-specific plausibility required for entitlement to relief)
- Matthews v. City of East St. Louis, 675 F.3d 703 (7th Cir. 2012) (supervisor liability requires personal knowledge and facilitation or acquiescence)
- Estate of Sims ex rel. Sims v. County of Bureau, 506 F.3d 509 (7th Cir. 2007) (discusses moving-force requirement and official policy for Monell claims)