MALEWSKI vs.Cook County Sheriff Tom Dart

UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

MARCUS MALEWSKI, ))

Plaintiff, ) Case No.)

v. )) Judge

TONI PRECKWINKLE, in her official capacity )as President of the Cook County Board of )Commissioners; THOMAS J. DART, in his ) Magistrate JudgeOfficial capacity as Cook County Sherriff; )CARA SMITH in her official capacity as )Executive Director of the Cook County )Department of Corrections; COUNTY OF )COOK, )

)Defendants. )

COMPLAINT AT LAW

NOW COMES, the Plaintiff, MARCUS MALEWSKI, by and through his attorneys,

Gregory E. Kulis & Associates, Ltd., and the Uptown People’s Law Center, complaining against

the Defendants, TONI PRECKWINKLE, THOMAS J. DART, CARA SMITH, AND THE

COUNTY OF COOK in their official capacities.

COUNT I42 U.S.C. § 1983 MONELL CLAIM OF CRUEL AND UNUSUAL CONDITIONS

OF CONFINEMENT (14th Amendment Claim for Damages)

1. This action is brought pursuant to the laws of the United States Constitution,

specifically, 42 U.S.C. §1983 and §1988, to redress deprivations of the Civil Rights of the

Plaintiff, MARCUS MALEWSKI accomplished by the policies and procedures of the

Defendants, TONI PRECKWINKLE, THOMAS J. DART, CARA SMITH, AND THE

COUNTY OF COOK, committed under color of law.

Case: 1:14-cv-04187 Document #: 1 Filed: 06/06/14 Page 1 of 10 PageID #:1

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2. Jurisdiction is based on Title 28 U.S.C. §1343 and §1331 and supplemental

jurisdiction of the State of Illinois.

3. Venue is proper in this District pursuant to 28 U.S.C. §1391(b) because all of the

events described herein took place in the City of Chicago, County of Cook, State of Illinois.

4. The Plaintiff, MARCUS MALEWSKI, was at all relevant times a United States

citizen and resident of the State of Illinois.

5. At all relevant times, Defendant, TONI PRECKWINKLE was the President of the

Cook County Board of Commissioners, which is responsible for authorizing construction and

repairs of the Cook County Jail (“CCJ”) physical plant and for funding all operations and

programs of CCJ. This includes ensuring appropriate resources are provided for such

construction, repair and operations. Defendant, TONI PRECKWINKLE is sued in her official

capacity.

6. At all relevant times, Defendant, COOK COUNTY through the County Board of

Commissioners was responsible for CCJ’s physical plant and had sole responsibility for funding

all operations and programs of the CCJ, this includes ensuring that the CCJ has the sufficient

funding and resources to operate the jail lawfully.

7. At all relevant times, Defendant, THOMAS J. DART was the Sherriff of Cook

County. He was solely responsible for all security, corrections policies and practices at the CCJ.

Defendant, THOMAS J. DART is responsible for the care, custody, and control of each

individual housed in CCJ. Defendant, THOMAS J. DART is sued in his official capacity.

8. At all relevant times, Defendant, CARA SMITH was the Executive Director of the

Cook County Department of Corrections. She reports directly to Defendant THOMAS J. DART

and was responsible for overseeing the implementation of all policies and procedures


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promulgated by Defendant THOMAS J. DART regarding the operations of CCJ. Defendant,

CARA SMITH is sued in her official capacity.

9. On or about May 11, 2014, the Plaintiff, MARCUS MALEWSKI, was arrested, taken

into custody, and was transferred to the CCJ located 2700 South California Ave, Chicago, IL

60608.

10. On or about May 12, 2014, the Plaintiff was escorted with a large group of pre-trial

detainees to be arraigned and to have bond set by a judge sitting in the Circuit Court of Cook

County, located at 2650 South California Ave, Chicago, Illinois. After the arraignment and bond

hearing, the Plaintiff and the remaining pre-trial detainees were escorted to a relatively new

holding area (initial holding area) at CCJ where they were to remain while being processed.

After they were processed, the Plaintiff and this group of pre-trial detainees remained in this

holding area till approximately 11:00 p.m. of May 12, 2014. None of the pre-trial detainees had

been fed up till this point.

11. After 11:00 p.m. on May 12, 2014, each pre-trial detainee was handcuffed to another

pre-trial detainee and the group was escorted to a smaller and older holding area (“second

holding area”). The second holding area did not have a bathroom and was significantly smaller

than the initial holding area. The Plaintiff and this group of pre-trial detainees were kept in this

second holding area from approximately 11:00 p.m. of May 12, 2014 till 3:30 a.m. of May 13,

2014. During this period, approximately ten to twenty (10-20) pre-trial detainees were taken out

of this second holding area and given division and cell assignments. A guard informed the

Plaintiff and the rest of the pre-trial detainees that the jail only had space to house ten to twenty

(10-20) pre-trial detainees, leaving more than fifty (50) pre-trial detainees, including the


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Plaintiff, without division and cell assignments. The guard also informed the rest of the pre-trial

detainees that he was unable to provide them food.

12. At approximately 3:00 a.m. on May 13, 2014, the Plaintiff and the rest of the pre-trial

detainees were taken out of the second holding area to another location within the jail where a

guard took all of the pre-trial detainees’ ID cards and grouped them into three (3) stacks. Then

the guard then gave one (1) of the stacks to a processing guard to scan into the system. However,

when the processing guard refused to scan the ID’s into the system, the guard scanned all of the

ID’s and assigned a division and a cell assignment electronically to the Plaintiff and each of the

remaining pre-trial detainees.

13. At approximately 4:00 a.m. on May 13, 2014, the Plaintiff and the rest of the pre-trial

detainees were taken to a cell block in Division 6, which at the time was under construction.

After taking off their handcuffs, a guard informed the Plaintiff and the rest of the pre-trial

detainees that since there were no open beds in any part of the jail, that the only available option

was to allow the inmates to stay in this cell block of Division 6. Since the cells in this cell block

were under construction, the pre-trial detainees could not stay in the cells and had to sleep on the

floor in the common area in the middle of the cell block. The Plaintiff and the pre-trial detainees

were not provided mattress pads, pillows, blankets, soap or toilet paper at this time. Since the

construction crews returned at 6:00 a.m., the guard could only allow the pre-trial detainees to

sleep on the floor in the common area for two (2) hours. Finally, the guard said that they could

not give food to the inmates at this time.

14. At approximately 6:00 a.m. on May 13, 2014, the Plaintiff and the group of remaining

pre-trial detainees were moved to a day room in Division 6 and were allowed to sleep on the


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floor of the day room for approximately an hour. The Plaintiff and the rest of the pre-trial

detainees at this point still had not been fed.

15. At approximately 7:00 a.m. on May 13, 2014, the Plaintiff and the remaining pre-trial

detainees were handcuffed and transferred back to the initial holding area and stayed there until

approximately 11:00 p.m. of May 12, 2014. Before being transferred, a couple of pre-trial

detainees were escorted away from the group.

16. At approximately 11:00 a.m. on May 13, 2014 the Plaintiff and the remaining pre-

trial detainees were then handcuffed and moved to a third holding area that did not have

bathrooms or running water and stayed there till approximately 4:00 a.m. of May 14, 2014.

17. The Plaintiff and the remaining pre-trial detainees were then removed from this

holding area back to the common area in the middle of a cellblock of Division 6. The guard

removed their handcuffs and they slept on the floor in the common area of the cell block in

Division 6 where they stayed until approximately 6:00 a.m. on May 14, 2014.

18. The Plaintiff and the remaining pre-trial detainees were then moved back to a day

room in Division 6 until approximately 7:00 a.m. on May 14, 2014.

19. The Plaintiff and the remaining pre-trial Detainees were separated into three (3)

groups: one group was escorted to another area of the jail, and two groups, one of which

contained the Plaintiff, were escorted to two holding areas where they had access to a bathroom.

The Plaintiff and the remaining pre-trial detainees in his group stayed in this fourth holding area

till approximately 11:00 a.m. on May 14, 2014.

20. The Plaintiff and the remaining pre-trial detainees were then transferred back to the

initial holding area. Upon entering the initial holding area, their handcuffs were removed and

they stayed in this initial holding area till approximately 8:00 p.m. of May 14, 2014.


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21. In the middle of the afternoon of May 14, 2014, the guards finally gave the Plaintiff

and the remaining pre-trial detainees a sandwich and a drink. This was the first time that the

Plaintiff was given food for more than two and a half (2 1/2) days of being in custody.

22. The Plaintiff and the remaining pre-trial detainees were handcuffed and moved to a

fifth holding area where they did not have access to a bathroom or running water until

approximately 4:00 a.m. of May 15, 2014. While he was being held in this fifth holding area, the

Plaintiff informed the guards that he had to use the bathroom. However, the guards ignored his

pleas. After waiting for a significant period of time, the Plaintiff was unable to contain himself

and urinated in his jumpsuit.

23. The Plaintiff and the remaining pre-trial detainees were moved back to Division 6,

where their handcuffs were removed and where they slept on the floor in the common area in the

middle of a cell block until approximately 6:00 a.m. on May 15, 2014.

24. The Plaintiff and the remaining pre-trial detainees were then moved back to the

dayroom of Division 6 and slept on the floor till on or about 10:00 a.m. of May 15, 2014.

25. TThe Plaintiff and pre-trial detainees were then handcuffed and removed back to the

initial holding area where their handcuffs were removed and where they stayed till on or about

11:00 p.m. of May 15, 2014. In the middle of the afternoon of May 15, 2014, the Plaintiff and

the pre-trial detainees had a lunch meal.

26. The Plaintiff and a couple pre-trial detainees were then handcuffed and were removed

to yet another holding area (sixth holding area), where they stayed until approximately 3:00 a.m.

on May 16, 2014.

27. The Plaintiff and a couple of pre-trial detainees were then called out of the holding

area by a guard and given a mattress pad and were escorted to cells in Division 1. The Plaintiff


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and each pre-trial detainee were given a cell to sleep in. This was the first opportunity that the

Plaintiff had since May 12, 2014 to sleep in an actual bed.

28. At some point during the morning of May 16, 2014, the Plaintiff was moved to a

different cell. It was at this new cell where the Plaintiff obtained soap and was allowed to take a

shower. This was the first opportunity for the Plaintiff to shower since May 11, 2014. During the

afternoon of May 16, 2014, the Plaintiff was given a lunch meal and in the evening he was given

a hot meal.

29. Even though the Plaintiff’s mother came to the jail in the morning of May 16, 2014

with his bond money, the Plaintiff remained in custody till approximately 10:00 p.m. of May 16,

2014.

30. Upon information and belief, Defendants, TOMAS J. DART and CARA SMITH

either instituted policies permitting or directing officers to house prisoners, like the Plaintiff in

temporary holding cells for days on end without food, liquids, adequate bathroom and/or shower

facilities, beds, or any of the other necessities of life; or in the alternative, failed to implement or

enforce policies and procedures prohibiting the actions described herein.

31. By reason of policies and procedures (or lack thereof) described above, the

Defendants subjected Plaintiff to unnecessary pain and suffering, and to an unreasonable risk of

harm and injury through barbaric living conditions. These policies and practices have been

implemented by Defendants and their agents or employees in their official capacities, and are the

proximate cause of Plaintiff’s deprivation of rights secured by the United States Constitution

under the Fourteenth Amendment and protected by 42 U.S.C. §1983.


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32. Subjecting the Plaintiff to barbaric conditions such as the lack of food and denial of

such basic necessities as a cell, a bed, or access to a bathroom and a shower, as described in this

Complaint, constitutes Cruel and Unusual Punishment.

33. Defendants have been aware of all the deprivations complained herein, and have

condoned or been deliberately indifferent to such conduct.

WHEREFORE, the Plaintiff, MARCUS MALEWSKI, prays for judgment against the

Defendants, THOMAS J, DART (in his official capacity) and CARA SMITH (in her official

capacity) for reasonable compensatory damages, punitive damages, attorneys’ fees, and costs.

COUNT II42 U.S.C. § 1983 Monell CLAIM OF THE UNDERFUNDING OF COOK COUNTY JAIL

1-33. Plaintiff MARCUS MALEWSKI hereby realleges and incorporates his allegations of

paragraphs 1-33 of Count I as though fully set forth herein.

34. All Defendants have been aware of severe overcrowding at Cook County Jail for

decades.

35. Despite this actual knowledge, Defendants COOK COUNTY and TONI

PRECKWINKLE have failed to provide adequate funding to provide cells and the other basic

necessities of life for pre-trial detainees sent to CCJ by the Courts, or to otherwise reduce the

number of people housed in the jail.

36. As a result of these policies, procedures, and/or customs of underfunding Cook County

Jail, pre-trial detainees have been subjected to barbaric living conditions in direct violation of the

Fourteenth Amendment of the US Constitution.


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37. As a direct and proximate result of the Defendants’ polices, procedures, and/or customs

of underfunding Cook County Jail, the Plaintiff was unconstitutionally subjected to unnecessary

pain and suffering, unnecessarily exposed to an unreasonable risk of serious harm, and has

suffered emotional distress, pain, suffering, fear and other damages.

WHEREFORE, the Plaintiff, MARCUS MALEWSKI, prays for judgment against the

Defendants, TONI PRECKWINKLE (in her official capacity) and COOK COUNTY, and for

compensatory damages, punitive damages, attorneys’ fees, and costs.

COUNT IIICLASS ALLEGATION FOR CERTIFICATION OF SIMILARLY SITUATED

PRE-TRIAL DETAINEES

1-32 The Plaintiff, MARCUS MALEWSKI, realleges and incorporates his allegations of

paragraphs 1-21 of Count I and his respective allegations of paragraphs 1-23 of Count II as

though fully set forth herein.

33. The Plaintiff, MARCUS MALEWSKI, was housed with and has identified other pre-trial

detainees that were or are currently similarly situated and who suffered similar violations of their

rights guaranteed under the Fourteenth Amendment to be free of Cruel and Unusual Punishment.

Because of the similarity of their experiences, the Plaintiff would like to request that a class of

such individuals be certified who were or now prevented from having cell and division

assignments that have suffered or are suffering similarly to the Plaintiff.

34. The Pre-trial detainees that were housed with Plaintiff were similarly situated for similar

periods of time.

35. Upon information or belief, this pattern of abusive housing of pre-trial detainees has

been conducted during other periods of time


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WHEREFORE, the Plaintiff, MARCUS MALEWSKI, asks that an order certifying a

class of all pre-trial detainees who were, or are now not given cell or division assignments upon

entering Cook County Jail and who are forced to bear barbaric living conditions as a result.

JURY DEMAND

The Plaintiff, MARCUS MALEWSKI, hereby requests a trial by jury.

Respectfully submitted,

/s/ Gregory E. KulisGregory E. Kulis & Associates, Ltd.

Alan Mills (ARDC # 6181054)Uptown People’s Law Center4413 North SheridanChicago, Illinois [email protected]

Gregory E. Kulis (6180966)Gregory E. Kulis & Associates, Ltd.30 N. LaSalle Street, Suite 2140Chicago, IL 60602312-580-1830


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Case: 1:14-cv-04187 Document #: 1-1 Filed: 06/06/14 Page 1 of 2 PageID #:11

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Case: 1:14-cv-04187 Document #: 1-1 Filed: 06/06/14 Page 2 of 2 PageID #:12

Documents

MALEWSKI vs.Cook County Sheriff Tom Dart