Houston v. Sheahan, 94-3169
Decision Date | 02 August 1995 |
Docket Number | No. 94-3169,94-3169 |
Citation | 62 F.3d 902 |
Parties | Robert HOUSTON, Plaintiff-Appellant, v. Michael F. SHEAHAN and James W. Fairman, Jr., Defendants-Appellees. |
Court | U.S. Court of Appeals — Seventh Circuit |
Robert Houston, pro se.
David S. Meyerson, Office of the State's Atty. of Cook County, Chicago, IL, for Michael F. Sheahan, James W. Fairman, Jr.
Before BAUER, EASTERBROOK, and MANION, Circuit Judges.
While awaiting trial, Robert Houston was confined at the Cook County Jail. He filed this suit under 42 U.S.C. Sec. 1983, contending that the jail was overcrowded and that he was required to sleep on a filthy mattress. He also mentions inadequate medical care but does not develop that argument in his brief, and we deem it waived. Colburn v. Indiana University, 973 F.2d 581, 593 (7th Cir.1992). The district court dismissed the action under Fed.R.Civ.P. 12(b)(6).
Houston has since been convicted, and he is at a regular state prison. He does not allege that he is likely to return to the Jail, so his request for injunctive relief is moot. Weinstein v. Bradford, 423 U.S. 147, 149, 96 S.Ct. 347, 348-49, 46 L.Ed.2d 350 (1975). (The case was not filed as a class action.) As for damages: The only two defendants are the Sheriff of Cook County and the Warden of the Jail. Houston does not contend that either was responsible for the condition of his mattress, and neither can be held liable in damages for the acts of a subordinate. Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).
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