Richman, Marcella v. Sheahan, Michael

270 F.3d 430
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 16, 2001
Docket00-2173
StatusPublished
Cited by1 cases

This text of 270 F.3d 430 (Richman, Marcella v. Sheahan, Michael) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richman, Marcella v. Sheahan, Michael, 270 F.3d 430 (7th Cir. 2001).

Opinions

WILLIAMS, Circuit Judge.

Jack Richman died shortly after fourteen sheriffs deputies restrained him during his mother’s appearance before an Illinois judge on a traffic violation. Marcella Richman, on her own behalf and on behalf of her son’s estate, brought federal and state claims against the sheriffs deputies in their individual capacities and against Cook County Sheriff Michael Sheahan in his official capacity. The defendants filed a motion to dismiss based in part on absolute, Eleventh Amendment, and state sovereign immunity. We agree with the district court that the deputies are not entitled to absolute immunity, and therefore affirm the court’s denial of their motion to dismiss the § 1983 claims. Because we cannot conclude as a matter of law that the sheriffs alleged unconstitutional policy regarding training and supervision of deputies represents state policy for purposes of Eleventh Amendment immunity, we affirm the district court’s denial of the sheriffs motion to dismiss. However, we conclude that the deputies’ conduct would be attributed to the state for purposes of Illinois sovereign immunity, and therefore reverse the district court’s denial of the deputies’ motion to dismiss the state law claims.

I. BACKGROUND

Marcella Richman appeared in the Circuit Court of Cook County, Illinois, to challenge a traffic citation.1 She was accompanied by her son, Jack Richman, who planned to testify as a witness. The Rich-mans waited in the courtroom for several hours before their case was called, and then the judge continued the hearing to a future date. The Richmans attempted to ask a question but the judge quieted them, and when Jack continued to speak, the judge ordered him restrained. Two Cook County sheriffs deputies began to take him into custody and twelve more deputies then entered the courtroom. According to the complaint, the fourteen deputies attacked Jack, forced him to the floor, sat on and handcuffed him. Jack, who was physically disabled and required the use of a cane, did not resist the deputies’ attempt [434]*434to restrain him, nor did his mother, who was restrained by four other deputies. While Jack was handcuffed and on the floor, he emptied his bladder and bowels, and he appeared to have stopped breathing. Paramedics rendered emergency assistance at the scene and then transported him to a hospital, where he was pronounced dead.

Marcefla Richman's amended complaint seeks damages against the deputies in their individual capacities pursuant to 42 U.S.C. § 1983, alleging that the deputies' conduct violated her and her son's right to be free from unreasonable searches and seizures under the Fourth and Fourteenth Amendments. The complaint also includes § 1983 claims against Cook County Sheriff Michael Sheahan in his official capacity, alleging that he failed adequately to train and supervise the deputies in their duties "to refrain from using excessive force in effecting seizures of citizens." The complaint also includes claims against the deputies under the Illinois Wrongful Death Act, 740 III. Comp. Stat. 180/1, and the Survival Act, 755 Ill. Comp. Stat. 5/27_6.2

II. ANALYSIS

On appeal, we must decide whether the district court erred in denying the defendants' motion to dismiss based on (1) the deputies' claim to absolute immunity; (2) the sheriffs claimed right, under the Eleventh Amendment, to be free from suit in federal court; and (3) the deputies' claim to sovereign immunity under the Illinois State Lawsuit Immunity Act, 745 III. Comp. Stat. 5/1, and Court of Claims Act, 705 Iii. Comp. Stat. 505/8. We review each of these questions of law de novo. DeGenova v. Sheriff of DuPage County, 209 F.3d 973, 975 (7th Cir.2000); Ham-mond v. Kunard, 148 F.3d 692, 695 (7th Cir.1998); cf. Benning v. Bd. of Regents, 928 F.2d 775, 778-80 (7th Cir.1991).

A. Absolute Immunity-~ 1983 Claims Against the Deputies

The parties are correct that we have jurisdiction, under the collateral order doctrine, to review the district court's decision to deny the defendants' motion to dismiss based on absolute immunity. See Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1995); Hammond, 148 F.3d at 695.

The ordinary rule is that qualified-and not absolute-immunity is sufficient to protect law enforcement officers in the conduct of their official duties. Malley v. Briggs, 475 U.S. 335, 340-41, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986); Pierson v. Ray, 386 U.S. 547, 557, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967). The deputies argue that the ordinary rule does not apply in this case because they were required to execute the judge's order, and that quasi-judicial immunity, a form of absolute immunity derived from judicial immunity, is appropriate for officers providing courtroom security. We disagree.

We begin our analysis with the fundamental principle that judges are entitled to absolute immunity from damages for their judicial conduct. Mireles v. Waco, 502 U.S. 9, 11-12, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991); Forrester v. White, 484 U.S. 219, 225-29, 108 S.Ct. 538, 98 L.Ed.2d 555 (1988). Judicial immunity was recognized at common law "as a device for discouraging collateral attacks and thereby helping to establish appellate procedures as the standard system for cor[435]*435recting judicial error” and to “protect[ ] judicial independence by insulating judges from vexatious actions prosecuted by disgruntled litigants.” Forrester, 484 U.S. at 225, 108 S.Ct. 588; see also Pierson, 386 U.S. at 554, 87 S.Ct. 1213; Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347, 20 L.Ed. 646 (1872).

The absolute immunity afforded to judges has been extended to apply to “quasi-judicial conduct” of “[n]on-judicial officials whose official duties have an integral relationship with the judicial process.” Henry v. Farmer City State Bank, 808 F.2d 1228, 1238 (7th Cir.1986). For example, we have applied absolute immunity to officials engaged in quasi-judicial decision making, such as members of a parole board. See Wilson v. Kelkhoff, 86 F.3d 1438, 1443-44 (7th Cir.1996); Walrath v. United States, 35 F.3d 277, 281-82 (7th Cir.1994). For these officers, whose conduct is “functionally comparable” to those of judges, Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 436, 113 S.Ct. 2167, 124 L.Ed.2d 391 (1993); Wilson, 86 F.3d at 1443, the rationale for applying absolute immunity is much the same as for judges: that officials making quasi-judicial decisions should be free of “ ‘the harassment and intimidation associated with litigation.’ ” See Kincaid v. Vail, 969 F.2d 594, 600-01 (7th Cir.1992) (quoting Burns v. Reed, 500 U.S. 478, 494, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991)). The deputies do not claim that they exercise a comparable form of discretionary decision making.3

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