Smith v. Lavelle

Full title: SHARON SMITH, as Special Administrator of Estate of JEFFREY SMITH…

Court: United States District Court, N.D. Illinois, Eastern Division

Date published: Aug 24, 2004

No. 03 C 5706 (N.D. Ill. Aug. 24, 2004)

Opinion

No. 03 C 5706.

August 24, 2004

MEMORANDUM OPINION AND ORDER

JAMES MORAN, Senior District Judge

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 III). 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. v. Chicago Hous. Auth., 892 F.2d 583, 586 (7^th Cir. 1989). In deciding a motion to dismiss the court must assume the truth of all well-pleaded allegations, making all inferences in the plaintiff's favor. Sidney S. Arst Co. v. Pipefitters Welfare Educ. Fund, 25 F.3d 417, 420 (7^th Cir. 1994). The court should dismiss a 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 v. 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.