* Minute Order {Sim (06/97)

United States District Court, Northern District of Mlinois

Name of Assigned Judge 7 Sitting Judge if Other
or Magistrate Judge James B. Moran than Assigned Judge
CASE NUMBER 03 C 5706 DATE 8/24/2004
CASE SHARON SMITH vs. JOHN LAVELLE, et al
TITLE
[in the following box (a) indicate the party fiting the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented}
MEMORANDUM OPINION AND ORDER
DOCKET ENTRY:
() Qa Filed motion of [ use listing in “Motion” box above.]
(2) oO Brief in support of motion due
(3) im Answer brief to motion due. . Reply to answer brief due.
(4) a Ruling/Hearing on___set for at
(5) o Status hearing[held/continued to] [set for/re-set for] on __ set for at
(6) ia) Pretrial conference[held/continued to] (set for/re-set for] on set for at :
(7) oO Trial{set for/re-set for] on at
(8) im [Bench/Jury trial] [Hearing] held/continued to at
(9) oO This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
OOFRCP4(m) OlLocal Rule 41.1 OFRCP41(a)\(1) OFRCP41(a\(2).
ao) of [Other docket entry] Enter Memorandum Opinion And Order. Defendants Michael Sheahan and
Cook County’s motion to dismiss plaintiff's request for punitive damages in Count I and all of Count
II is granted. Plaintiff's request for punitive damages from Sheahan and Cook County in Count II is
stricken.
(il) [For further detail see order attached to the original minute order.]
No notices required, advised in open court.
No notices required, numberof not
Notices mailed by judge’s staff. A“ 0
MiG 2.52
Notified counsel by telephone. date docke
v | Docketing to mail notices.
Mail AO 450 form. cay initts
Copy to judge/magistrate judge.
courtroom date mailed notice
LG deputy's
initials - ——
Date/time received in) 3.
central Clerk’s Office mailing depoty inials



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

SHARON SMITH, as Special Administrator )
of Estate of JEFFREY SMITH, deceased, and as )
grandmother and next best friend of minors )
Tiara Smith, Jeff Smith, Jr. and Jayland Smith, )

Plaintiff,

vs. No. 03 C5706

a

JOHN LAVELLE, ESTEBAN PERKINS,
MORRIS RICHARDSON, CARLOS SANTOS,
ALEXANDER VALENCIA, COOK COUNTY
and MICHAEL F. SHEAHAN, Sheriff of Cook
County,

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Defendants.

MEMORANDUM OPINION AND ORDER

Plaintiff Sharon Smith, mother of Jeffrey Smith and administrator of his estate, brought
this action against Cook County; the Cook County Sheriff, Michael Sheahan; three officers of
the Cook County Sheriff’s Department; and two other Illinois residents, following the shooting
death of her son. Plaintiff’s three-count second amended complaint alleges claims for violations
of 42 U.S.C. § 1983 (Counts I and II), and wrongful death under Illinois state law (Count IS).
Defendants Michael Sheahan and Cook County now bring a motion to dismiss plaintiff's
request for punitive damages in Count II and all of Count III. The motion, for which plaintiff
declined to file a response, is granted.

A Federal Rule of Civil Procedure 12(b)(6) motion to dismiss tests the sufficiency of the

complaint, not the merits of the case. Triad Assocs., Inc. y. Chicago Hous. Auth., 892 F.2d 583,

586 (7" Cir. 1989). In deciding a motion to dismiss the court must assume the truth of all well-
pleaded allegations, making all inferences in ‘the plaintiffs favor. Sidney S. Arst Co. v.

Pipefitters Welfare Educ. Fund, 25 F.3d 417, 420 (7" Cir. 1994), The court should dismiss a

AUG 2 § 209 1



No. 03 C 5706 Page 2

claim only if it appears “beyond doubt that the plaintiff can prove no set of facts in support
of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46 (1957).

Plaintiff alleges that Jeffrey Smith was shot by an officer of the Cook County Sheriff’s
Department on May 3, 2002, and that he died two days later on March 5. Under Illinois’ Tort
Immunity Act, 745 ILCS 10/8-101, there is a one-year statute of limitations for tort actions
brought against local entities or their employees. Plaintiff did not file her first complaint until
August 14, 2003, over a year and five months after her son’s death. Thus Count III is barred
by the statute of limitations.

Plaintiff is also barred, as a matter of law, from seeking punitive damages from
Sheahan and Cook County. In Count II, plaintiff alleges that Sheahan and Cook County are
liable in their official capacities for the alleged violations of Jeffrey Smith’s civil rights due to
their custom, practice and policy of inadequate supervision of their employees. Though a local
government can be liable for damages caused by the bad faith actions of its employees, see
Monell v. Department of Social Services of City of New York, 436 U.S. 658 (1978), it is
immune from punitive damages in such circumstances. City of Newport y. Fact Concerts, Inc.,
453 U.S. 247, 271-72 (1981). Plaintiff’s request for punitive damages from Sheahan and Cook
County in Count II is stricken.

CONCLUSION

For the foregoing reasons, defendant’s motion is granted.

| owe B Wloreone

JAMES B. MORAN
Senior Judge, U. S. District Court

Cay _2F _, 2004.