{ "id": 75390, "name": "ANTHONY JEFFERSON, Plaintiff-Appellee, v. MICHAEL F. SHEAHAN, Sheriff of Cook County, Defendant-Appellant", "name_abbreviation": "Jefferson v. Sheahan", "decision_date": "1996-03-29", "docket_number": "No. 1\u201495\u20143161", "first_page": "74", "last_page": "81", "citations": [ { "type": "official", "cite": "279 Ill. App. 3d 74" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "168 Ill. 2d 312", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 307252 ], "weight": 2, "year": 1995, "pin_cites": [ { "page": "328" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/168/0312-01" ] }, { "cite": "621 N.E.2d 276", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1993, "opinion_index": 0 }, { "cite": "251 Ill. App. 3d 72", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2960909 ], "weight": 3, "year": 1993, "pin_cites": [ { "page": "73" }, { "page": "76" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/251/0072-01" ] }, { "cite": "641 N.E.2d 498", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1994, "opinion_index": 0 }, { "cite": "161 Ill. 2d 374", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 783173 ], "weight": 2, "year": 1994, "pin_cites": [ { "page": "389" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/161/0374-01" ] }, { "cite": "583 N.E.2d 487", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1991, "pin_cites": [ { "parenthetical": "Illinois Supreme Court recognized existence of \"blanket immunity\" in section 4 - 102 of the Act" } ], "opinion_index": 0 }, { "cite": "145 Ill. 2d 273", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5596413 ], "year": 1991, "pin_cites": [ { "page": "282", "parenthetical": "Illinois Supreme Court recognized existence of \"blanket immunity\" in section 4 - 102 of the Act" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/145/0273-01" ] }, { "cite": "552 N.E.2d 791", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1990, "opinion_index": 0 }, { "cite": "135 Ill. 2d 18", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3256509 ], "year": 1990, "pin_cites": [ { "page": "72" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/135/0018-01" ] }, { "cite": "490 N.E.2d 232", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1986, "opinion_index": 0 }, { "cite": "141 Ill. App. 3d 447", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3497391 ], "year": 1986, "pin_cites": [ { "page": "456" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/141/0447-01" ] }, { "cite": "730 F. Supp. 1449", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 11649488 ], "weight": 3, "year": 1990, "pin_cites": [ { "page": "1454" }, { "page": "1454" }, { "page": "1454" } ], "opinion_index": 0, "case_paths": [ "/f-supp/730/1449-01" ] }, { "cite": "363 N.E.2d 87", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1977, "opinion_index": 0 }, { "cite": "48 Ill. App. 3d 567", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3372747 ], "weight": 2, "year": 1977, "pin_cites": [ { "page": "569-70" }, { "page": "569-70" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/48/0567-01" ] }, { "cite": "515 N.E.2d 415", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1987, "opinion_index": 0 }, { "cite": "113 Ill. App. 3d 235", "category": "reporters:state", "reporter": "Ill. App. 3d", "year": 1987, "pin_cites": [ { "page": "237" } ], "opinion_index": 0 }, { "cite": "628 N.E.2d 844", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1993, "opinion_index": 0 }, { "cite": "256 Ill. App. 3d 825", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5382235 ], "weight": 2, "year": 1993, "pin_cites": [ { "page": "841" }, { "page": "842" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/256/0825-01" ] }, { "cite": "456 N.E.2d 116", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1983, "opinion_index": 0 }, { "cite": "98 Ill. 2d 158", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3121711 ], "year": 1983, "pin_cites": [ { "page": "164" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/98/0158-01" ] }, { "cite": "584 N.E.2d 170", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1991, "opinion_index": 0 }, { "cite": "222 Ill. App. 3d 459", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5262626 ], "year": 1991, "pin_cites": [ { "page": "465" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/222/0459-01" ] }, { "cite": "256 N.E.2d 758", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1970, "opinion_index": 0 }, { "cite": "45 Ill. 2d 75", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2897157 ], "year": 1970, "pin_cites": [ { "page": "84" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/45/0075-01" ] }, { "cite": "381 N.E.2d 849", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1978, "opinion_index": 0 }, { "cite": "64 Ill. App. 3d 758", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3331895 ], "year": 1978, "pin_cites": [ { "page": "761" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/64/0758-01" ] } ], "analysis": { "cardinality": 779, "char_count": 16834, "ocr_confidence": 0.743, "pagerank": { "raw": 5.001843850830546e-08, "percentile": 0.31577362232315476 }, "sha256": "4eef7eea6e52dbf0c07b5f7ae3c0b40e53c7139d16da79ebbe6b4258450b06e9", "simhash": "1:8676161f62dd04b3", "word_count": 2716 }, "last_updated": "2023-07-14T19:15:35.504495+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "ANTHONY JEFFERSON, Plaintiff-Appellee, v. MICHAEL F. SHEAHAN, Sheriff of Cook County, Defendant-Appellant." ], "opinions": [ { "text": "JUSTICE GREIMAN\ndelivered the opinion of the court:\nAnthony Jefferson (plaintiff), a former pretrial detainee at the Cook County Department of Corrections, brought an action against Sheriff Sheahan (defendant or Sheahan) to recover for injuries he received from a fellow detainee and which plaintiff alleged resulted from the willful and wanton conduct of Sheriff Sheahan in his failure to provide adequate personnel and supervision in the medical center of the Cook County jail. The trial court denied Sheahan\u2019s motion to dismiss which asserted absolute immunity based on section 4 \u2014 103 of the Local Governmental and Governmental Employees Tort Immunity Act (the Act) (745 ILCS 10/4 \u2014 103 (West 1992)).\nThe trial court found that there is an implicit exception for willful and wanton conduct under section 4 \u2014 103 of the Act which applies to public employees like Sheriff Sheahan. On Sheahan\u2019s motion, the trial court, pursuant to Supreme Court Rule 308 (134 Ill. 2d R. 308), certified two questions for this court to resolve:\nQuestion No. 1. \"While the immunity provided by 745 ILCS 10/ 4 \u2014 103 does not contain a written exception for willful and wanton conduct, can a court judicially create such an exception to this provision and does such an exception exist?\u201d\nQuestion No. 2. \"Do the allegations in the plaintiff\u2019s Complaint and response to the Bill of Particulars sufficiently plead a cause of action for willful and wanton conduct?\u201d\nPlaintiff\u2019s complaint offered the following facts. On December 18, 1993, plaintiff was a pretrial detainee at the Cook County Department of Corrections located at 26th and California (CCDC). Plaintiff claims that while awaiting trial he was assaulted by a fellow detainee, Anthony Curtis (Curtis), who struck plaintiff about the head and face with a steel cane allegedly provided by CCDC personnel. Plaintiff claims he was subsequently denied medical treatment for approximately one hour.\nCurtis was a patient in the psychiatric center located within the CCDC facility who had been transferred to the medical facility within the same structure. Curtis was a \"known dangerous and violent person\u201d who was admitted to the medical center, which \"was not equipped to care for psychiatric patients.\u201d CCDC personnel were aware of Curtis\u2019 violent propensities. In fact, Curtis told CCDC personnel that he was a danger to himself and others and that without his \"medication\u201d this danger increased. Curtis \"repeatedly spoke out loud making threats to others.\u201d\nPlaintiff\u2019s second amended complaint alleged sheriff\u2019s personnel were guilty of the following \"wilful and wanton\u201d acts: (1) knowingly permitted a dangerous psychotic (Curtis) to be transferred to the medical facility; (2) provided Curtis with a steel cane; (3) failed to adequately supervise the medical center; and (4) failed to provide prompt medical attention for the serious injuries that were sustained in the assault.\nDefendant filed a motion to dismiss pursuant to both sections 2 \u2014 615 and 2 \u2014 619 of the Code of Civil Procedure (735 ILCS 5/2\u2014 615, 2 \u2014 619(a)(5), (a)(9) (West 1992)), asserting that defendant was \"absolutely immune\u201d from liability for the alleged injuries pursuant to section 4 \u2014 103 of the Act and, even assuming a cause of action exists for willful and wanton conduct as an exception to section 4 \u2014 103 immunity, neither the complaint nor the response to the bill of particulars sufficiently pleaded facts which demonstrated defendant\u2019s willful and wanton conduct.\nOn August 3, 1995, the trial court granted defendant\u2019s motion to dismiss plaintiffs count seeking redress for the injuries allegedly aggravated due to a delay in providing medical attention based on the applicable statute of limitations, but denied the motion to dismiss as to the remaining allegations related to governmental immunity. The trial court determined that an implied exception for willful and wanton conduct should be read into section 4 \u2014 103 and that plaintiffs complaint pled sufficient facts to survive the motion to dismiss.\nOn defendant\u2019s motion, the trial court then certified the previously mentioned two questions to this court. The questions were modified on August 24, 1995, and this court granted defendant\u2019s motion to allow this appeal under Rule 308.\nQUESTION No. 1. WHILE THE IMMUNITY PROVIDED BY SECTION 4 \u2014 103 DOES NOT CONTAIN AN EXPRESS EXCEPTION FOR WILLFUL AND WANTON CONDUCT, CAN A COURT JUDICIALLY CREATE SUCH AN EXCEPTION AND DOES SUCH AN EXCEPTION EXIST?\nSection 4 \u2014 103 of the Act provides:\n\"Neither a local public entity nor a public employee is liable for failure to provide a jail, detention or correctional facility, or if such facility is provided, for failure to provide sufficient equipment, personnel, supervision or facilities therein. Nothing in this Section requires the periodic inspection of prisoners.\u201d 745 ILCS 10/4 \u2014 103 (West 1992).\nSection 4 \u2014 103 applies to CCDC detention facilities such as the one at issue and affords administrators of those facilities, such as defendant, immunity for the type of allegations contained in plaintiffs complaint, specifically, failure to adequately provide for and supervise the facility. See Bollinger v. Schneider, 64 Ill. App. 3d 758, 761, 381 N.E.2d 849 (1978).\nBoth sides urge this court to apply the plain language of section 4 \u2014 103 and note that \"[i]t is never proper for a court to depart from plain language by reading into a statute exceptions, limitations or conditions which conflict with the clearly expressed legislative intent.\u201d Certain Taxpayers v. Sheahen, 45 Ill. 2d 75, 84, 256 N.E.2d 758 (1970). Section 4 \u2014 103 does not provide an exception for conduct found to be willful and wanton, and the trial court erred by departing from the plain language of the statute by creating statutory exceptions, limitations or conditions.\nClearly, a judicial \"finding\u201d of an exception for willful and wanton conduct where none was expressly provided by the legislature contravenes a court\u2019s duty to give effect to legislative intent. It is \"unmistakably clear that local public bodies may be successfully sued in Illinois only upon those terms and conditions and within the 'limitations on liability of such bodies\u2019 as specified by the General Assembly.\u201d Thompson v. County of Cook, 222 Ill. App. 3d 459, 465, 584 N.E.2d 170 (1991), quoting Curtis v. County of Cook, 98 Ill. 2d 158, 164, 456 N.E.2d 116 (1983).\nSome sections of the Act expressly provide an exception to absolute immunity, \"unless conduct is willful or wanton,\u201d while others, including 4 \u2014 103, do not. If the legislature chose to include a willful and wanton exception in some sections, it follows that they likewise intended other sections to provide complete immunity.\nSimilarly, this court has declined past invitations to recognize an implied exception for willful and wanton conduct in similar sections. In Glenn v. City of Chicago, 256 Ill. App. 3d 825, 841, 628 N.E.2d 844 (1993), this court was presented with the issue whether section 2 \u2014 205 of the Act provided absolute or qualified immunity. Section 2 \u2014 205 provides: \"A public employee is not liable for an injury caused by his adoption of, or failure to adopt, an enactment, or by his failure to enforce any law.\u201d 745 ILCS 10/2 \u2014 205 (West 1992). This court found:\n\" 'Unlike other sections of the Tort Immunity Act [citation], section 2 \u2014 205 contains no language relating to wilful or wanton misconduct. This triggers the familiar maxim of construction that the inclusion of one is the exclusion of all else. Because the Illinois legislature could have easily inserted the 'wilful and wanton\u2019 language in section 2 \u2014 205, but did not, the only logical conclusion can be that the immunity conferred under section 2 \u2014 205 is absolute.\u201d Glenn, 256 Ill. App. 3d at 842, quoting Carter v. Elmwood, 113 Ill. App. 3d 235, 237, 515 N.E.2d 415 (1987).\nPlaintiff seeks to distinguish Glenn, suggesting that while public policy supports absolute immunity in section 2 \u2014 205, which provides public employees immunity for the adoption of, or failure to adopt an enactment or enforce any law, the same is not true for section 4 \u2014 103. The Glenn court relied on rules of statutory construction and evidence of legislative intent in finding section 2 \u2014 205 immunity \"absolute.\u201d It did not base its decision on relative public policy considerations and, in any event, the policies behind sections 2 \u2014 205 and 4 \u2014 103 do not appear different.\nOther sections of the Act, like section 4 \u2014 103, are silent as to exceptions for willful and wanton conduct and have been interpreted to grant absolute immunity. In Jamison v. City of Chicago, 48 Ill. App. 3d 567, 569-70, 363 N.E.2d 87 (1977), this court found that sections 4 \u2014 102 and 4 \u2014 107 of the Act, which provide immunity to police officers for failure to make arrests or provide adequate police protection (745 ILCS 10/4 \u2014 102, 4 \u2014 107 (West 1992)), do not contain express exceptions for willful and wanton conduct and therefore provide absolute immunity. The court rejected the argument, made here by plaintiff, that section 2 \u2014 202 \"specifically\u201d immunized public employees for acts or omissions in the execution or enforcement of any law except willful and wanton conduct (745 ILCS 1/2 \u2014 202 (West 1992)) and should, therefore, have precedence over conflicting \"general\u201d immunity found elsewhere in the Act, e.g., section 4 \u2014 103.\nThe Jamison court further considered the public policy behind its interpretation:\n\"When one considers the great amount of complaints made daily by persons for protective reasons it can easily be understood why the legislature, in its wisdom, would provide immunity to police as contained in sections 4 \u2014 102 and 4 \u2014 107 or otherwise municipalities would be exposed to limitless liabilities.\u201d Jamison, 48 Ill. App. 3d at 569-70.\nPlaintiff seeks to distinguish Jamison on the ground that police are in need of blanket immunity while the sheriff, because of the nature of his tasks, is not. However, the Cook County sheriff does not, as plaintiff suggests, have \"a limited number of people\u201d that he has somehow \"chosen to keep in custody.\u201d This is an unrealistic and distorted view of the sheriff\u2019s office and his activities and one which this court does not find persuasive.\nPlaintiff cites some authority for the recognition of liability upon a showing of willful and wanton misconduct. In McQueen v. Shelby County, 730 F. Supp. 1449, 1454 (C.D. Ill. 1990), the district court found, in the context of a wrongful death action brought against the county for the death of a jail inmate, that \"the Tort Immunity Act does not shield a party from liability for their willful and wanton conduct.\u201d The central issue in McQueen was whether Shelby County could seek contribution (as a joint tortfeasor) from Coles County under the Contribution Act. McQueen, 730 F. Supp. at 1454. The district court held that no contribution was available for the willful and wanton acts causing decedent inmate\u2019s death. McQueen, 730 F. Supp. at 1454. The cited language in McQueen is dicta from a district court and thus is not binding authority. Board of Trustees v. Illinois Human Rights Comm\u2019n, 141 Ill. App. 3d 447, 456, 490 N.E.2d 232 (1986); People v. Fields, 135 Ill. 2d 18, 72, 552 N.E.2d 791 (1990).\nAlthough the court\u2019s statement in McQueen is generally supportive of plaintiff\u2019s position that exceptions for willful and wanton conduct can be \"read into\u201d otherwise silent sections of the Act, the language upon which plaintiff relies is not addressed to section 4 \u2014 103, and, in light of the extensive first district precedent to the contrary, McQueen is not controlling. See also Aikens v. Morris, 145 Ill. 2d 273, 282, 583 N.E.2d 487 (1991) (Illinois Supreme Court recognized existence of \"blanket immunity\u201d in section 4 \u2014 102 of the Act). The Illinois Supreme Court still is the best source for determining the law in Illinois.\nPlaintiff cites two additional cases, Doe v. Calumet City, 161 Ill. 2d 374, 641 N.E.2d 498 (1994), and Fraley v. City of Elgin, 251 Ill. App. 3d 72, 621 N.E.2d 276 (1993), in support of the trial court\u2019s decision. In Doe, the supreme court held that the judicially created \"special duty exception\u201d to the Tort Immunity Act and the statutory exception for willful and- wanton conduct found in section 2 \u2014 202 of the Act are distinct exceptions. Doe, 161 Ill. 2d at 389. Doe does not, as plaintiff suggests, hold that a willful and wanton exception is available under section 4 \u2014 103, only that a difference exists between the judicial doctrine of special duty and section 2 \u2014 202\u2019s statutory allowance of an express willful and wanton exception. We decline to accept plaintiff\u2019s invitation to extend Doe\u2019s holding to the facts of the instant dispute.\nSimilarly, plaintiff cites Fraley for the proposition that an implied exception for willful and wanton conduct exists under section 4 \u2014 103. In Fraley, this court addressed the issue whether a special duty exception to tort immunity existed under section 4 \u2014 103. Fraley, 251 Ill. App. 3d at 73. The court did not affirmatively hold that an exception for willful and wanton conduct also existed, rather that, in plaintiffs complaint: \"No facts are alleged to show that the defendants were on notice of circumstances indicating that the [inmate\u2019s] suicide was immediately imminent or that defendants acted with wilful and wanton indifference to a life-threatening incident.\u201d Fraley, 251 Ill. App. 3d at 76.\nAgain, this rather general statement cannot dispel the weight of precedent specifically holding that absolute immunity was intended by our legislature. However, a recent supreme court decision provides a source of potential divergence from this line of decisions. In Calloway v. Kinkelaar, 168 Ill. 2d 312 (1995), the court held a sheriff liable for willful and wanton conduct under the Illinois Domestic Violence Act of 1986 (750 ILCS 60/102 (West 1992)) for failure to adequately enforce an order of protection entered against an abusive husband. Although the case and sheriff\u2019s liability were under the Domestic Violence Act, the court further observed in comparing the two acts that the \"Tort Immunity Act *** excludes willful and wanton conduct from its scope of immunity.\u201d Calloway, 168 Ill. 2d at 328. Though this may be just a reiteration of the language in Doe, in apparently referring only to section 2 \u2014 202 and the express inclusion of willful and wanton liability, it is a somewhat broader statement than that in Doe and one worth watching. However, absent more specific discussion of willful and wanton conduct as it applies to individual sections of the Tort Immunity Act, particularly section 4 \u2014 103, this court will continue to focus on the clear legislative intent. This focus leads to the conclusion that the legislature did not intend there to be an exception for willful and wanton misconduct in section 4 \u2014 103, and none may be judicially created.\nQUESTION No. 2. DO THE ALLEGATIONS IN THE PLAINTIFF\u2019S COMPLAINT AND RESPONSE TO THE BILL OF PARTICULARS SUFFICIENTLY PLEAD A CAUSE OF ACTION FOR WILLFUL AND WANTON CONDUCT?\nBecause of our finding on the issue presented in the first certified question, we need not address the second.\nFor the reasons set forth above, we reverse the trial court\u2019s denial of defendant\u2019s motion to dismiss and remand for further proceedings consistent with this opinion.\nReversed and remanded.\nTULLY and CERDA, JJ., concur.\nBy way of example, similar sections include a willful and wanton exception. Section 2 \u2014 202 provides: \"A public employee is not liable for his act or omission in the *** enforcement of any law unless such act or omission constitutes willful and wanton conduct.\u201d 745 ILCS 10/2 \u2014 202 (West 1992).\nSection 3 \u2014 106 provides: \"Neither a local public entity nor a public employee is liable for an injury *** unless such local entity or public employee is guilty of willful and wanton conduct proximately causing such injury.\u201d 745 ILCS 10/3 \u2014 106 (West 1992).\nSection 4 \u2014 105 provides: \"Neither a local public entity nor a public employee is liable for injury proximately caused by the failure of the employee to furnish medical care for a prisoner in his custody; but this Section shall not apply where the employee, *** through willful and wanton conduct, fails to take reasonable action to summon medical care.\u201d 745 ILCS 10/4 \u2014 105 (West 1992).", "type": "majority", "author": "JUSTICE GREIMAN" } ], "attorneys": [ "Jack O\u2019Malley, State\u2019s Attorney, of Chicago (Patricia Shymanski, Allen Kirsh, and Christine DeGraff Dawson, Assistant State\u2019s Attorneys, of counsel), for appellant.", "Fred Rabinowitz, of Schaffner, Rabinowitz & Feinartz, P.C., of Chicago (Beverly Fisher, of counsel), for appellee." ], "corrections": "", "head_matter": "ANTHONY JEFFERSON, Plaintiff-Appellee, v. MICHAEL F. SHEAHAN, Sheriff of Cook County, Defendant-Appellant.\nFirst District (3rd Division)\nNo. 1\u201495\u20143161\nOpinion filed March 29, 1996.\nJack O\u2019Malley, State\u2019s Attorney, of Chicago (Patricia Shymanski, Allen Kirsh, and Christine DeGraff Dawson, Assistant State\u2019s Attorneys, of counsel), for appellant.\nFred Rabinowitz, of Schaffner, Rabinowitz & Feinartz, P.C., of Chicago (Beverly Fisher, of counsel), for appellee." }, "file_name": "0074-01", "first_page_order": 92, "last_page_order": 99 }