3:14-cv CSB-DGB # 1 Page 1 of 8 IN THE U.S. DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION. Plaintiff, No.: Defendants.
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1 3:14-cv CSB-DGB # 1 Page 1 of 8 E-FILED Wednesday, 12 February, :30:29 AM Clerk, U.S. District Court, ILCD IN THE U.S. DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION RICHARD E. HALEY JR., v. Plaintiff, No.: WILLIAM SMITH, THOMAS PIPKIN and AARON CONARD, Defendants. JURY DEMANDED COMPLAINT Now comes Richard E. Haley, Jr. Plaintiff herein, by Carl R. Draper of FELDMANWASSER and by Gregory P. Sgro of Sgro, Hanrahan, Durr & Rabin, LLP and for his complaint against Defendants William Smith, Thomas Pipkin and Aaron Conard, he states as follows: 1. At all times relevant to the matters set forth in this Complaint, Plaintiff was incarcerated in the Sangamon County Jail during or about February 5 through May 5, At all times relevant to the matters set forth in this complaint, Defendant William Smith was employed as a Sergeant by the Office of Sheriff of Sangamon County, with duties and responsibilities in the Sangamon County Jail. 3. At all times relevant to the matters set forth in this complaint, Defendants Thomas Pipkin and Aaron Conard, were correctional officers employed by the Office of Sheriff of Sangamon County, with duties and responsibilities in the Sangamon County Jail. Page 1 of 8
2 3:14-cv CSB-DGB # 1 Page 2 of 8 4. The conduct of the Defendants as set forth in this complaint were performed under color of State law. Jurisdiction 5. This Court has original jurisdiction of this civil action in that the claims in this Complaint arise under the Constitution and laws of the United States. 28 U.S.C and Venue 6. Venue is proper in this Court in that the Central District of Illinois is the judicial district where all Defendants reside and in which the claim arose. 28 U.S.C. 1391(b). Statement of Claim 7. At all times relevant to the matters stated in this Complaint, there was in force and effect the Constitution of the United States which provided in relevant part as follows: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Constitution of the United States, Amendment VIII. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Constitution of the United States, Amendment XIV. Page 2 of 8
3 3:14-cv CSB-DGB # 1 Page 3 of 8 8. At all times relevant to the matters stated in this Complaint, there was in force and effect a federal law known as the Civil Rights Act of 1871 which provided in relevant part as follows: Every person who, under color of any statute, ordinance, regulation, custom, or usage of any State... subjects, or causes to be subjected, any citizen of the United States... to the deprivation of any rights, privileges or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. 42 U.S.C At all times relevant to the matters stated in this Complaint, there was in force and effect certain statutes in the State of Illinois which provided in relevant part as follows: Sheriff custodian of courthouse and jail. He or she shall have the custody and care of the courthouse and jail of his or her county, except as is otherwise provided. 55 ILCS 5/ * * * The Sheriff of each county in this State shall be the warden of the jail of the county, and have the custody of all prisoners in the jail, except when otherwise provided in the "County Department of Corrections Act". The Sheriff may appoint a superintendent of the jail, and remove him at his pleasure, for whose conduct and training, he shall be responsible. The Sheriff shall also be responsible for the hiring and training of all personnel necessary to operate and maintain the jail. 730 ILCS 125/2 and 3. * * * The Warden of the jail shall furnish necessary bedding, clothing, fuel and medical aid for all prisoners under his charge, and keep an accurate account of the same. 730 ILCS 125/17. Page 3 of 8
4 3:14-cv CSB-DGB # 1 Page 4 of Beginning on or about February 5, 2013, when he was admitted to the Sangamon County Jail, Plaintiff made complaints of being ill and suffering from seizures related to his chronic epilepsy. During booking at the Sangamon County Jail, Plaintiff made known his condition and brought his medication prescribed for the prevention of seizures and asked the staff of the Sangamon County Jail to be aware of his condition and to administer his medication on a daily basis as prescribed. 11. The defendants and other employees at the Sangamon County Jail were aware of Plaintiff s medical condition and the fact that he sometimes suffered from seizures related to his condition. 12. When he was in his assigned cell and suffered seizures, Plaintiff s cell mate would call for the corrections officers for medical attention. 13. On or about February 10, 2013 Plaintiff suffered two seizure episodes that required medical attention. Staff from the Sangamon County Jail transported Plaintiff to a hospital emergency room for treatment for that episode. 14. Corrections officers of the jail documented one other seizure episode on or about February 27, 2013 at the jail and allowed Plaintiff to be seen for observation or treatment by the medical personnel at the jail. 15. On March 20, 2013, Plaintiff Richard Haley suffered another seizure episode and his cell mate banged on the cell door and called for assistance as he had done in the past. 16. On the night of March 20, 2013 Defendants William Smith, Thomas Pipkin and Aaron Conard came to Plaintiff s cell in response to the calls for help. Page 4 of 8
5 3:14-cv CSB-DGB # 1 Page 5 of At the time of the epileptic seizure on March 20, 2013, Plaintiff was unconscious or unresponsive. 18. Defendant William Smith or one of the other defendants ordered Plaintiff to come out of his cell and threatened to spray him with pepper spray or mace. When Plaintiff failed to wake up or be able to respond or to be able to move on his own, one or more of the Defendants sprayed him with mace or pepper spray. 19. Defendants continued to yell at Plaintiff to get up or else Defendants would shoot him with a Taser gun. Plaintiff remained unconscious or unable to comply. Immediately thereafter Defendant Smith or the other defendants shot Plaintiff with the Taser darts at close range. Defendants repeated the commands that they were yelling at Plaintiff and then shot him with the Taser at least one more time. 20. After Plaintiff was still unable to respond, Defendants placed him in a wheelchair and handcuffed his hands behind the chair and removed him to another part of the jail facility. 21. Defendants failed to provide any medical care, to notify medical staff of the Taser incident or the seizure and chose not to take Plaintiff to the medical facility in the jail. 22. After the above events on March 20, 2013 Defendants failed and refused to seek any medical examination or treatment of the Plaintiff and instead left him handcuffed to the wheelchair or bench for the remainder of the night. 23. As a consequence of one or more of the foregoing combined acts or omissions of the various Defendants as set forth above, the Plaintiff suffered great and Page 5 of 8
6 3:14-cv CSB-DGB # 1 Page 6 of 8 intense physical pain, including pain in his back, headaches, disorientation and possible aggravation of his medical condition 24. The Defendants, by their acts or omissions as set forth above showed deliberate indifference to a serious and known medical condition of the Plaintiff. 25. The actions of the Defendants were punitive and not related to any legitimate safety or security concerns. 26. As a consequence of the acts or omissions of the Defendants as set forth above, Plaintiff further incurred great and substantial medical costs and expenses. 27. The injuries received by the Plaintiff as set forth above may result in further health complications in the future. 28. One or more of the foregoing acts or omissions of the various Defendants constituted punitive conditions that violated the Plaintiff s right to be free from excessive punishment at the Sangamon County Jail and further caused a deprivation of his liberty interest without due process of law in violation of the Eighth and Fourteenth Amendments of the Constitution of the United States. 29. The foregoing actions of each Defendant were done intentionally, willfully and with malice. 30. As a consequence of the actions of Defendants, Plaintiff has incurred losses for the costs and fees of legal counsel to represent him in this claim. Page 6 of 8
7 3:14-cv CSB-DGB # 1 Page 7 of 8 PRAYER FOR RELIEF WHEREFORE, Plaintiff, Richard E. Haley, Jr. respectfully prays that judgment be entered for him and against Defendants William Smith, Thomas Pipkin and Aaron Conard, for compensatory damages, including damages for pain and suffering and the costs of medical care in the amount of $250,000.00, together with punitive damages as may be awarded by a jury, for costs and attorneys fees pursuant to 42 U.S.C. 1988, and for such other relief as this court deems just. PLAINTIFF DEMANDS A TRIAL BY JURY. Richard E. Haley, Jr. Plaintiff By: /s Carl R. Draper Carl R. Draper, Bar Number Attorney for Richard E. Haley, Jr. Plaintiff FELDMANWASSER S. Seventh Street Springfield, IL Telephone: (217) cdraper@feldman-wasser.com and Gregory P. Sgro Sgro, Hanrahan,Durr & Rabin, LLP 1119 S. Sixth St. Springfield, IL Telephone (217) greg@casevista.com Page 7 of 8
8 3:14-cv CSB-DGB # 1 Page 8 of 8 COUNTY OF SANGAMON ) ) ) ) STATE OF ILLINOIS ) S.S. AFFIDAVIT Richard Haley, being first duly sworn on oath state, and depose that I am the plaintiff in this cause and that I have first hand knowledge of the facts recited in this Complaint as they relate to me and that the same are true and correct. SU~IBED a~worn to before me this day of ~GA\ J, I c OFFICIAL SEAL. LORi A. f\uph\k ~J NOTARY PUBLIC, STATE OF ILUNOIS MY COMMISSION E~l~~~'._l-?~-~~~ Page 8 of 8
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