IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION 

Tony Martin, )

)

Plaintiff, )

-vs- ) No. 12 CV _______

)

Sheriff of Cook County, Cook 

County, Illinois, and Trina 

Peterson,

)

)

)

(jury demand)

Defendants. )

COMPLAINT

Plaintiff, by counsel, alleges as follows:

1. This is a civil action arising under 42 U.S.C. §1983. The 

jurisdiction of this Court is conferred by 28 U.S.C. §1343 and 28 U.S.C. 

§1367.

2. Plaintiff Tony Martin is a resident of the Northern District of 

Illinois. Plaintiff is not presently confined in a jail or prison.

3. Defendant Sheriff of Cook County is sued in his official 

capacity.

4. Defendant Cook County is joined in this action pursuant to 

Carver v. Sheriff of LaSalle County, 324 F.2d 947 (7th Cir. 2003). In 

addition, defendant Cook County may be responsible under §1983 for the 

policies or practices complained of herein.

5. Defendant Trina Peterson was at all times relevant a social 

worker employed at the Cook County Jail.

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6. Plaintiff was a pre-trial detainee at the Cook County Jail from 

October of 2007 to April of 2010.

7. In January of 2010, plaintiff advised defendant Peterson that he 

faced a substantial risk of serious harm from his cellmate.

8. Defendant Peterson disregarded the risk of serious harm to 

plaintiff and failed to take any action to abate it.

9. Plaintiff also advised two correctional sergeants, whose names 

are presently unknown to plaintiff, that he faced a substantial risk of 

serious harm from his cellmate.

10. The above described correctional sergeants disregarded the 

risk of serious harm to plaintiff and failed to take any action to abate it.

11. The above described correctional sergeants acted in accordance 

with a widespread practice at Division 11 of the Cook County Jail to ignore 

detainee complaints about dangerous cellmates.

12. As the direct and proximate result of the foregoing, plaintiff 

was attacked by his cellmate on or about February 3, 2010, and suffered 

serious personal injuries, including a fractured jaw.

13. Plaintiff received treatment at a hospital for his injuries.

14. While at the hospital, plaintiff received appropriate pain 

medication for the severe pain he was experiencing.

15. Plaintiff returned to the Jail after treatment at the hospital.

16. Plaintiff continued to experience severe pain from his injuries

following his return from the hospital.

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17. Plaintiff complained to medical personnel at the Jail about his 

severe pain; in accordance with a policy or widespread practice at the Jail, 

medical personnel refused to provide plaintiff with appropriate medication 

that would alleviate his pain. 

18. As a result of the foregoing, plaintiff was required to endure

excessive and unnecessary pain for several months.

19. Plaintiff hereby demands trial by trial.

Wherefore plaintiff requests that judgment be entered against 

defendants Sheriff and Cook County in an amount in excess of one hundred 

thousand dollars as compensatory damages and against defendant 

Peterson in an amount in excess of fifty thousand dollars as compensatory 

damages and twenty five thousand dollars as punitive damages.

/s/ 

Kenneth N. Flaxman

Kenneth N. Flaxman

ARDC 830399

200 S Michigan Ave, Ste 1240

Chicago, IL 60604

(312) 427-3200

attorney for plaintiff

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