931 F.2d 895 (7th Cir. 1990), 89-3720, Jones v. City of Gary Controller's Office

Docket Nº:89-3720.
Citation:931 F.2d 895
Party Name:Anthony Bernard JONES, Plaintiff-Appellant, v. CITY OF GARY CONTROLLER'S OFFICE, Chief of the Gary Police Department, Officer Braobich, Officer Keller, Officer C. Stevens, Officer G. Bradley, Officer Rivera, and Officer Cupler, of the Gary Police Department, Defendants-Appellees.
Case Date:December 12, 1990
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 895

931 F.2d 895 (7th Cir. 1990)

Anthony Bernard JONES, Plaintiff-Appellant,

v.

CITY OF GARY CONTROLLER'S OFFICE, Chief of the Gary Police Department, Officer Braobich, Officer Keller, Officer C. Stevens, Officer G. Bradley, Officer Rivera, and Officer Cupler, of the Gary Police Department, Defendants-Appellees.

No. 89-3720.

United States Court of Appeals, Seventh Circuit

December 12, 1990

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA7 Rule 53 regarding use of unpublished opinions)

Decided April 23, 1991.

Appeal from the United States District Court for the Northern District of Indiana, South Bend Division, No. 85 C 987; Robert L. Miller, Jr., Judge.

N.D.Ind.

AFFIRMED.

Before POSNER, RIPPLE and KANNE, Circuit Judges.

ORDER

Anthony Jones proceeded without counsel in a civil jury trial against the Gary Controller's Office, the Gary Chief of Police and various officers of the Gary Police Department. In his case, filed pursuant to 42 U.S.C. § 1983, Jones submitted evidence that he had been held for eight days in a Gary city jail cell which had broken windows. During his September stay in 1983 he had not been issued any sheets or blankets and the temperature dropped to near fifty degrees. He also submitted proof that his family members were denied visitation. At that point, however, Jones concluded his evidence. On a motion for a directed verdict the district court found that Jones had failed to establish that the Chief of Police knew of or condoned the conditions in Jones' cell, or that the controller's office or individually named police officers were responsible for the conditions in the Gary city jail. The court entered a directed verdict in favor of all defendants. We affirm.

I.

Early in the morning of September 13, 1983, several Gary police officers arrested Jones on charges of battery following a shooting incident. After being booked on the first floor of the Gary police station two of the arresting officers, Keller and Rivera, left Jones with a "turn-key" or warden who escorted him to the third floor jail.

Later on the morning of Jones' arrest, two investigating officers, Cleo Stevens and George Bradley, came to his cell and questioned him about the shooting incident. The officers asked Jones about the location of a gun involved in the shooting. Jones gave them a description of the vicinity of where he thought the weapon was located. Later that day, unable to find the gun, the officers returned and asked Jones to accompany them in their search. Jones left the jail in the company of the officers and with his assistance the gun was found and Jones was returned to the police station. The officers then interviewed Jones in an interrogation room where Jones told them that he wanted cigarettes, that he was cold in his jail cell and that he did not have a blanket. Jones testified that Officer Stevens "was basically asking about the case" but that Stevens also "told us that even though it would get cold in there that we are...

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