IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Ron Brown, )

)

Plaintiff, )

) 20-cv-

-vs- ) 

)

Thomas Dart, Sheriff of Cook 

County, and Cook County, Illinois, 

)

)

)

)

Defendants. )

COMPLAINT

Plaintiff Ron Brown, 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.

2. Ron Brown is a detainee at Cook County Jail assigned jail 

number 20190116223. The jail has plaintiff booked under the name “Ron

A. Browning.” 

3. Defendant Thomas Dart is the Sheriff of Cook County. Plaintiff 

sues Dart in his official and individual capacity. 

4. Defendant Cook County shares responsibility with defendant 

Dart for providing medical care for inmates remanded to the Sheriff’s custody and is also joined in this action pursuant to Carver v. Sheriff of 

LaSalle County, 324 F.3d 947 (7th Cir. 2003).

Case: 1:20-cv-04193 Document #: 1 Filed: 07/16/20 Page 1 of 6 PageID #:1
-2-

5. Plaintiff suffers from several serious chronic medical conditions pertaining to a stroke several years ago. He is 72 years old and is 

substantially limited in the ability to move from place to place. Plaintiff is 

medically fragile. 

6. From September 12, 2019 to March 24, 2020, the plaintiff was 

assigned to Tier 3C, a dorm that holds about 38 inmates in the Residential 

Treatment Unit (RTU). The plaintiff was assigned to this division due to his 

serious medical condition. 

7. It is common knowledge that jails and prisons are breeding 

grounds for infections respiratory illnesses. Tuberculosis, for example, is a 

bacteria which is significantly less transmissible than coronavirus yet has 

been responsible for numerous outbreaks of illness in prisons and jails 

over the years. For this reasons, the Centers for Disease Control and Prevention (the “CDC”) still recommends screening for this condition in jails 

and prisons. 

8. Since January of 2020 the Sheriff and County have been

aware that the coronavirus poses a significant risk to the health and wellbeing of inmates at the jail. Defendants also have been aware it is necessary to adhere to guidelines issued by the CDC for preventing the spread 

of the virus which included social distancing, handwashing and respiratory 

hygiene.

Case: 1:20-cv-04193 Document #: 1 Filed: 07/16/20 Page 2 of 6 PageID #:2
-3-

9. Tier 3C is a congregate housing setting with a large number of 

inmates living in close-quarters. Inmates share showers, bathrooms, and a 

dayroom which makes social distancing impossible. It is not suitable for

mass quarantine or isolation.

10. At all times relevant, the Sheriff and County failed to take reasonable measures to protect medically fragile inmates, like plaintiff, from 

contracting the coronavirus. 

11. Defendants housed inmates, like plaintiff, in large group setting where social distancing was not feasible. The defendants did not distribute facemasks, provide readily available disinfectants, or alcohol-based 

hand sanitizer. Moreover the jail’s staff did not regularly sanitize common 

areas such as the showers, bathrooms and eating areas in Tier 3C to prevent the spread of the virus. 

12. At all times relevant, defendants Sheriff and Cook County 

knew the implementation and enforcement of social distancing, surgical 

mask use, increased access to soap and alcohol-based hand sanitizer, 

and enhanced cleaning and disinfectant practices likely reduced the 

spread of the virus. 

13. By March several inmates assigned to plaintiff’s dorm exhibited symptoms of coronavirus. The plaintiff complained to the jail’s staff 

about the dangerous conditions of confinement and the inability to maintain 

Case: 1:20-cv-04193 Document #: 1 Filed: 07/16/20 Page 3 of 6 PageID #:3
-4-

safe distance from the ill inmates. In a grievance dated March 20, 2020, 

the plaintiff stated: 

14. Despite this obvious sign that many inmates assigned to Tier 

3C were sick and the objectively unreasonable conditions of confinement, 

the defendants failed to take reasonable measures to protect plaintiff from 

the virus.

15. Prior to April 7, 2020, the rapid point-of-care testing platform 

for cornavirus was not administered to inmates because staff was not 

trained. This severely limited the ability to protect inmates from the spread 

of the virus. 

16. By March 24, 2020 the plaintiff became very sick with a temperature of approximately 102 degrees. After an evaluation by a doctor in 

the Cermak Urgent Care Clinic, the plaintiff was transferred to St. Anthony 

Hospital for treatment. 

17. While at the hospital the plaintiff was treated for the coronavirus and related symptoms including extreme weakness, difficulty breathing, and significant pain. 

Case: 1:20-cv-04193 Document #: 1 Filed: 07/16/20 Page 4 of 6 PageID #:4
-5-

18. The Sheriff instructs correctional officers to shackle by hand 

and foot all seriously ill inmates hospitalized at Stroger and other outlying 

hospitals. 

19. Consistent with Dart’s instruction, correctional officers assigned to guard inmates at outlying hospitals engage in a widespread practice of shackling inmates to the bed. 

20. Sheriff Dart has personal knowledge of a widespread practice 

to shackle seriously ill inmates at outlying hospitals because he is involved 

with setting policy for the correctional staff and has issued public statements regarding this practice for years. 

21. Sheriff Dart also has knowledge the practice of shackling seriously ill hospitalized inmates may violate the United States Constitution 

because of the Seventh Circuit’s decision in May v. Sheahan, 226 F.3d 

876 (7th Cir. 2000). 

22. Plaintiff was released from St. Anthony on April 17, 2020 and 

returned to Cook County Jail. 

23. While detained at St. Anthony the continuous restraint of plaintiff’s hand and foot caused significant pain. The restraint also significantly 

limited the plaintiff’s ability to position himself on his stomach, pursuant to 

advice from the medical staff, to assist with breathing and reduce stress on 

his strained lungs. 

Case: 1:20-cv-04193 Document #: 1 Filed: 07/16/20 Page 5 of 6 PageID #:5
-6-

24. Dart’s widespread restraint practice, applied to plaintiff, was

excessive, caused gratuitous pain, and violated plaintiff’s rights under the 

Fourteenth Amendment to the United States Constitution.

25. Defendants Dart and Cook County also violated plaintiff’s 

rights because the conditions of confinement posed an unreasonable risk 

to his health. At all times relevant, defendants knew of the serious risk of 

harm caused by the coronavirus, but failed to take reasonable measures to 

protect medically fragile inmates, like plaintiff housed in a dorm, from contracting the virus. 

26. Plaintiff seeks trial by jury for his damage claim. 

It is therefore respectfully requested that the Court award compensatory damages for plaintiff, that the Court award punitive damages against 

Defendant Dart, and that the costs of this action, including attorney’s fees, 

be taxed against defendant Cook County. 

/s/ Patrick W. Morrissey

ARDC No. 6309730

Thomas G. Morrissey, Ltd. 

10150 S Western Ave. Ste. Rear

Chicago, IL. 60643

(773) 233-7900

patrickmorrissey1920@gmail.com

Case: 1:20-cv-04193 Document #: 1 Filed: 07/16/20 Page 6 of 6 PageID #:6