Patrick Hahn v. Daniel Walsh
762 F.3d 617
| 7th Cir. | 2014Background
- Janet Hahn, a pretrial detainee at CCCC, died from diabetic ketoacidosis while in custody.
- Patrick Hahn and Erik Redwood sued Champaign County, Sheriff Walsh, HPL, and others for constitutional violations and wrongful death.
- District court dismissed several claims and granted summary judgment on remaining claims.
- Illinois 735 ILCS 5/2-622 requires an affidavit and written report for medical malpractice claims; the district court dismissed Count VIII accordingly.
- Plaintiffs later sought Rule 59(e) relief and amendments; district court denied and then summary judgment on §1983 claims followed.
- This appeal challenges dismissal of the wrongful death claim, its prejudice, and the §1983 summary judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 735 ILCS 5/2-622 applies in federal court for a federal claim | Hahn claim should be governed by Rule 8/11 | 2-622 applicable; no conflict withRules 8/11 | Yes; 2-622 applies in federal diversity/supplemental context |
| Whether the wrongful death dismissal should have been with or without prejudice | Dismissal should be without prejudice to permit amendment | Dismissal with prejudice proper due to limitations | Dismissal should be without prejudice and remanded for amendment |
| Whether summary judgment against Sheriff Walsh on §1983 official-capacity claim was proper | Evidence showed municipal policy/custom causing injury | No shown policy; lack of notice | Proper; no triable issue as to policy or causation under §1983 |
| Whether summary judgment against HPL on §1983 claim was proper | HPL liable for its employees or by direct policy failure | No respondeat superior; no actionable direct policy; insufficient causal link | Affirmed; no §1983 liability established against HPL |
Key Cases Cited
- Walker v. City of Oklahoma City, –; 446 U.S. 742 (1980) (U.S. Supreme Court 1980) (confirms Rule 3 does not displace state tolling rules in diversity cases)
- Hanna v. Plumer, 380 U.S. 460 (U.S. Supreme Court 1965) (conflict with state law: apply federal rule unless abridges substantive state rights)
- Windy City Metal Fabricators & Supply, Inc. v. CIT Tech. Fin. Servs., Inc., 536 F.3d 663 (7th Cir. 2008) ( Erie/Hanna framework for procedural vs. substantive rules in federal court)