physical and sexual attack in cell block 2-A.

16. Plaintiff Edwards continued to receive physical and sexual threats afler being moved back
to cell block 2-A. Plaintiff Edwards routinely notified the officers on duty of these threats,
including Officers Yarbrough and Powell. By December 4, 2002, Plaintiff Fdwards notified
Officer Powell that his “life was in danger.” Plaintiff Edwards also requested during this time to
be transferred to a safer environment on a continual basis to Officers Powell and Yarbrough.

17. Officers Powell and Yarbrough made no attempt lo identify the detainees threatening
Plaintilf Edwards or to move Plaintiff Fdwards to a different and safer environment despite their
knowledge Plaintiff Edwards was immediate danger of attack.

17, On December 3, 2002, Plaintiff Edwards was awoken in his cell with four detainees
standing over him, The four detainecs demanded oral and anal sex with Plaintiff Edwards, and
Plaintitf Edwards refused, Plaintif! Edwards attempted to escape his cell at this time, at which a
struggle ensued. At this time, one detainee hit Plaintiff Edwards in the face, breaking Plaintiff
Edwards’ jaw.

18. Plaintiff Rdwards then went to Officer Yarbrough and was removed from cell block 2-A.
At this time Plaintiff Edwards demanded an investigation and told Officer Yarbrough that he
wanted to press criminal charges against his attackers. Officer Yarbrough refused, telling

PlaintilT there was “nothing she could do about it and it would only make matters worse.”

19, Asa result of Plaintiff Edwards’ broken jaw. he suffered for over a year with severe pain
and the inability to eat solid foods. Plaintiff Edwards’ jaw was wired shut and he was prescribed

pain medication.


c Award reasonable attorney's fees and costs to the plaintiff on Counts Land IL of
the complaint;

d. Award such other and further relicf as this Court may decm appropriate.

Respectfully subfritted,

We

Attorney “for Plaintiff Frank Edwar

Matthew T. IHetfner, Esq
Susman & Watkins

Two First National Plaza

20 South Clark Street, Suite 600
Chicago, Hlinois 60603

Phone: (312) 346-3466

Fax: (312) 346-2829

Dated; April 23, 2004

‘Crivseeretary'sbwik wards v. Yarborough! Pleadingsth awards Connplaant wpe
Aqui 29, 2008 (ean) 8



other detainees.

12. Upon information and belief, the Executive Director with deliberate indifference to the
constitutional rights of detainees has implemented a custom or policy of not adequately
investigating complaints and instances of physical or sexual attacks on detainces by detainees
ahd then sepregating those attackers from the general jail population.

11. Plaintiff Fdwards was assigned to cell bock Division 10, 2-A.

12. By the second week of October 2002, Plainuilf Edwards was experiencing harrassment
from fellow detainees on his cell block. ‘This harrassment took the form of demands for sexual
favors and threats of physical violence. Plaintiff Edwards during this time period informed the
officers on duty, including Officer Yarbrough, of the physical and sexual threats directed towards
him by fellow detainees on the cell block 2-A.

13. Sometime in the second weck of October 2002, Plaintiff Edwards was attacked by one of
his cell mates. At this time, the cell mate said he could not live with a homosexual anymore and
indicated that he had been receiving harrassment {rom other detainees on the cell block for
sharing a cell with Plaintiff Edwards.

14. When news of the altercation between Plaintiff Edwards and his cell mate were reported to
the Officer Yarbrough, Defendant moved Plaintilf idwards to a different cell block, Division 10,
1-C.

15. Oncell block |-C, Plaintiff Edwards immediately encountered threats of physical and
sexual violence, Plaintiff Edwards immediately notified Officer Yarbrough of the imminent
danger to Plaintiff, and Officer Yarbrough decided to move Plaintiff Edwards back to Division

10, 2-A. despite the fact Officer Yarbrough knew Plaintiff Edwards was in imminent danger of


20, Asadircct and proximate result of the said acts of the defendant Officers and the policies

and customs of the Executive Director, Plaintill Edwards suffered the following injuries and

damages:
a Violation of his constitutional rights under the Fourteenth Amendment to the
United States Constitution, (o wit, a loss of his physical liberty;
b. Physical pain and suffering and emotional trauma and suffering.
21. The actions of the defendant Officers and the Executive Director violated the clearly

established and well settled federal constitutional right of Plaintitf Edwards to not be deprived of
life, liberty, or property without duc process of law.

COUNTI
42 U.S.C, § 1983 Against Individual Defendants

22. Paragraphs | through 21 are incorporated herein by reference as though [ully set forth.
23, Plaintiff Rdwards claims damages for the injuries set forth above under 42 U.S.C. § 1983

against defendants Officer Yarbrough and OfTicer Powell for violation of his constitutional rights
under color of law.
COUNT I

42 U.S.C, § 1983 Against Callie Baird, in her official capacity
as Executive Director of the Cook County Department of Corrections

24, Paragraphs | through 21are incorporated herein by reference as though fully set forth.

25, Prior to and including December 5. 2002, the Executive Director of the Cook County
Department of Corrections developed and maintained policies or customs exhibiting deliberate
indifference to the constitutional rights of persons detained at Cook County jail, which caused the

violation of Plaintiff Edwards’ constitutional rights

6


UNITED STATES DISTRICT COURT Ss AES

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

FRANK D, EDWARDS (#372496),
Plainuil

vy

No. 03 C 1269 APp 6

Judge Amy Gag tas, ,
rug 6

big,

OFFICER YARBROUGH,

OFFICER POWELL, in their individual
capacitics;

and CALLIE BAIRD, in her official capacity as
the Exceutive Director of the Cook County
Department of Corrections,

Phe

Defendants.

FIRST AMENDED COMPLAINT

1. This is an action for monetary damages brought pursuant to 42 U.S.C. §§ 1983 and 1988,
and the Fourteenth Amendment to the United States Constitution, against Officer Yarbrough,
Officer Powell, in their individual capacities, and Callie Baird, in her official capacity as the
Executive Director of the Cook County Department of Corrections.

2. It is alleged that the individual officer defendants subjected the plaintiff to attack by fellow
detainces that resulted in a broken jaw with recklessness and/or deliberate indifference to his
saliety while in the custody of the Cook County jail as a pre-trial detainee. It is further alleged
that the Cook County jail is overseen by the Executive Director of the Cook County Department
of Corrections, and that the violations of the plaintiff's constitutional rights were committed as a

result of policies and customs put in place by the Executive Director of the Cook County

as



26. It was the policy and/or custom of Cook County jail to:

a. inadequately or improperly classify detainees as to their vulnerability to violence
by other inmates within the Cook County jail and segregate said vulnerable
inmates from the general populace;

b. inadequately or improperly classify detainees as to their penchant for or past
history of sexual or physical attacks and segregate said dangerous delainces from
the general populace and/or particularly vulnerable detainees of the Cook County

Jail;

c. inadequately or improperly investizate physical or sexual attacks between inmates
so as to properly classily and segregate dangerous detainees;

d. inadequately and inyproperly staff cell blocks with enough officers to maintain
control and supervision over inmates so as lo protect and end any violence
between detainees.

27. Asaresult of the above described policies and customs, officers of the Cook County jail,
including the defendant officers, would not properly classil’'y detainees as dangerous or
particularly vulnerable to attack and so segregate said detainees from the general population, or
adequatcly investigate attacks by detainees on other detainees to prevent such attacks in the
future.

28. The above-described policies and customs demonstrated a deliberate indifference on the
part of the Executive Director to the constitutional rights of detainees of Cook County jail, and

were the cause of the violations of plaintiff's rights alleged herein.

WUEREIOREF, the plaintiff requests that this Court:

a Award compensatory damages lo plaintiff against the delendants, jointly and
severally;
b. Award costs of this action to the plaintiff;


Department of Corrections.
Jurisdiction

3. Jurisdiction is based upon 28 U.S.C. §§ 1331 and 1343.

4, Plaintiff Frank Edwards was at all material times a resident of Chicago, Cook County,
Illinois, and over eightcen years of age.

3. Defendant Officer Yarbrough was at all times relevant to this complaint a duly appointed
and acting officer of the Cook County jail and/or Cook County Department of Corrections, acting
under color of law, to wit, under color of statutes, ordinances, regulations, policies, customs and
usages of Cook County, Defendant Officer Yarbrough resides in the Northern District of [Hinais.
6. Defendant Officer Powell was at all times relevant to this complaint a duly appointed and
acting officer of the Cook County jail and/or Cook County Department of Corrections, acting
under color of law, to wit, under color of statutes, ordinances, regulations, policies, customs and
usages of Cook County. Defendant Officer Powell resides in the Northern District of Minois.

7. Callie Baird is the Executive Director of the Cook County Department of Corrections
[hereinafter “Executive Director”). Defendant Baird and Baird’s predecessors were at all
relevant times responsible for overseeing the day-to-day operations of the Cook County Jail,
including supervision of the guards and the inmates, along with responsibility lor the formulation

and execution of policies and rules and regulations in effect at the Cook County Jail.

wu


FACTS

8. On or about September 19, 2002, Plaintiff Edwards was arrested for armed robbery,
Plaintiff Edwards was dressed as a woman and wearing a wig at the time. Mr. Udwards appears
and acts very effeminately, characteristics that were known to the Officer Defendants and the
officers who assigned Plaintiff Edwards to his cell block.

9, After being arraigned and unable Lo post bail, Plaintiff Edwards was transferred to the Cook
County jail as a pre-tria) detainee. Before being assigned a cell block, Plaintiff Edwards was
interviewed by certain officers of the Cook County jail, at which time Plaintiff Edwards informed
these officers that he was a homosexual and transvestite.

10. Upon information and belief, instead of a system to classily its detainees as “vulnerable”
and segregating detainees based on risk to be attacked by other detainces or risk to attack other
detainees, the Executive Director with deliberate indiflerence to the constitutional rights of the
detainees has a policy of classifying and assigning detainees to cell blocks based solely on their
tisk of escape and risk of harm to the Cook County officers. Upon information and belief, all
Defendants at all times knew or were intentionally ignored the fact that transvestites,
homosexuals, and effeminate looking and acting men were much more likely to be attacked by
other detainees and were much more Jikcly to be attacked by those detainees placed in the
maximum security cell blocks.

11, Upon information and belief, the system to classily detainces designed and implemented by
the Executive Director with deliberate indifference to the constitutional rights of the detainees.
has a policy of not accommodating or taking into consideration the sexual orientation of

detainees or the increased risk a detainee will have to be physically and sexually attacked by