Jaimes v. Cook Cnty.
| Decision Date | 03 May 2021 |
| Docket Number | Case No. 17 C 8291 |
| Parties | DEISY JAIMES, et al., Plaintiffs, v. COOK COUNTY, et al., Defendants. |
| Court | U.S. District Court — Northern District of Illinois |
MEMORANDUM OPINION AND ORDER
In this civil rights case, Plaintiffs Deisy Jaimes, Enrique Jaimes, and Gloria Jaimes assert claims under 42 U.S.C. § 1983 and Illinois law against Cook County Sheriff Thomas Dart, a number of current and former Cook County Sheriff employees, and the Cook County Public Administrator, acting as special representative of the estate of Erika Aguirre. The claims stem from an incident in November 2015, when Aguirre broke into the Jaimes' home and shot Deisy and Enrique before turning the gun on herself and taking her own life. Defendants now move for summary judgment on all of Plaintiffs' claims. Defendants have also filed a Daubert motion to bar opinions offered by Plaintiffs' experts Roger Cowan and Richard Bard. For the reasons that follow, the Court grants Defendants' motion for summary judgment [187] and denies as moot Defendants' Daubert motion [208].
The following facts are undisputed unless otherwise noted.1
Plaintiff Deisy Jaimes and Defendant Erika Aguirre, a correctional officer for the Cook County Sheriff's Office ("CCSO"), began dating in 2011. (Pl.'s LR 56.1 Resp. ¶¶ 8, 26, ECF No. 197; Defs.' LR 56.1 Resp. ¶ 21, ECF No. 212.) The two eventually moved in together and got engaged. (ECF No. 212 at ¶ 21.) By 2013, however, their relationship had frayed. (Id. at ¶ 22.) For example, during one incident in the summer of 2014, Aguirre locked Deisy out of their home, threatened to kill Deisy, and claimed she would get away with it because she was a Cook County correctional officer. (Id. at ¶ 23.) On October 19, 2015, Aguirre and Deisy broke up. Deisy moved out of their home and stopped speaking to Aguirre. (Id. at ¶ 24.) On November 13, 2015, Aguirre texted Deisy asking Deisy to forgive her and take her back, but Deisy responded "no." (ECF No. 197 at ¶ 19.)
On November 15, 2015, Aguirre worked her regular shift at the Cook County jail, which ended at 10 p.m. (ECF No. 212 at ¶ 62.) After her shift, around 10:30 p.m., Aguirre exchanged text messages with her sister, Alicia Aguirre, about how Deisy was seen in public with another woman. (ECF No. 197 at ¶ 20.) Around this time or soon thereafter, Aguirre drove to the Jaimes' home in Bridgeview, Illinois, where Deisy lived with her parents, Plaintiffs Enrique and Gloria Jaimes, her sister, Marina Jaimes, and her brother, Jason Jaimes. (ECF No. 212 at ¶ 63; ECF No. 197 at ¶ 12.) Dressed in all black (including a black ski mask), Aguirre entered the Jaimes' home by breaking through a basement window. (Id. at ¶¶ 13-15.) Deisy's sister Marina heard the sound of glass breaking and went to the basement to investigate. As Marina walked down the stairs,Aguirre immediately began shooting at her, and Marina fled from the basement. (Id. at ¶¶ 15, 18.) Aguirre then found Deisy in her basement bedroom and fired six shots at her, hitting Deisy in her left eye, head, shoulder, arms, and leg. (Id. at ¶ 16; ECF No. 212 at ¶ 64.) At that point, Enrique began coming down the basement stairs, and Aguirre turned and fired shots, hitting him in his head and torso. (ECF No. 212 at ¶ 64.) Aguirre then fatally shot herself. (Id. at ¶ 64.) Deisy and Enrique survived the shooting but suffered catastrophic injuries. (Id. at ¶¶ 65-67.)
When authorities arrived at the Jaimes' home, they found Aguirre's body in the kitchen. (Id. at ¶ 23.) She had a wallet containing various forms of identification, including her CCSO badge and her Firearm Owner Identification ("FOID") card. (ECF No. 197 at ¶ 43.) Authorities also found Aguirre's 9mm Glock 19 semi-automatic handgun near her body. (Id. at ¶ 25.)
Aguirre purchased the gun she used in the shooting in January 2011, pursuant to an official CCSO policy that requires all its correctional officers to purchase a firearm. (Id. at ¶ 44; ECF No. 212 at ¶¶ 1, 19.) Prior to January 2011, Aguirre had never owned a gun nor expressed interest in owning a gun. (ECF No. 212 at ¶ 19.) Although Aguirre personally purchased and owned her firearm, the CCSO provides correctional officers like Aguirre with funds that can be used to buy, among other things, their service weapons. (ECF No. 197 at ¶ 44; ECF No. 212 at ¶ 1.) By virtue of her CCSO credentials, Aguirre had the authority to carry her weapon while off duty, although she was not required to do so, per the CCSO firearms policy. (ECF No. 212 at ¶ 20.) In other words, as a CCSO correctional officer, Aguirre was exempted from having to separately obtain a concealed carry license to carry her firearm in public. (Id.)
Erika Aguirre worked as a correctional officer for the Cook County Sheriff's Office ("CCSO") from December 2010 until her death in November 2015. (ECF No. 197 at ¶¶ 8, 26.) At the time of the shooting, Aguirre was assigned to the jail's "Receiving, Trust and ClassificationDivision" ("RCDC"), a post which did not require her to carry a firearm. (Id. at ¶ 18.) Generally speaking, a CCSO correctional officer's typical duties include processing inmates, escorting them within the jail, and supervising distribution of meals to the cells. (Id. at ¶ 3.) Although CCSO correctional officers are deemed "peace officers" under Illinois law, correctional officers are not police officers; they do not have police powers, do not patrol as members of law enforcement, and are not considered "on duty" to respond to crimes in their presence even when technically off duty. (Id. at ¶ 7.) The CCSO does have its own police force, which is a separate entity within the CCSO. To become a CCSO police officer, a correctional officer must pass a promotional exam. Unlike correctional officers, CCSO police do have police powers, are considered "on duty" to respond to crimes even when technically off duty, and do not work inside the jail. (Id.)
While the CCSO requires its correctional officers to purchase a firearm, correctional officers are prohibited from bringing weapons into the Cook County jail. (Id. at ¶ 2.) Although there are some posts filled by correctional officers that require carrying a firearm, there is no evidence that Aguirre was ever assigned to such a post during her years as a correctional officer. (Id. at ¶ 18.) The CCSO offers at least two justifications for its policy of requiring its correctional officers to purchase firearms: (1) a correctional officer may be assigned to a post that requires a firearm,2 and (2) under Illinois law, correctional officers must meet certain firearm qualification and training requirements, including 40 hours of firearms training each year. Although some other corrections facilities permit their correctional officers to borrow firearms or use department-issued firearms to complete the requisite firearm training, the CCSO requires each of its correctional officer to own a firearm instead. (Id. at ¶¶ 4-5.) Additionally, at least some CCSO correctionalofficers have testified that they believe the firearm requirement was in place so that correctional officers could adequately protect themselves from former detainees or gang members they may encounter while off duty outside the jail. (Id. at ¶ 6.)
The CCSO firearms policy raises certain issues relevant to the instant motion, including what dangers were posed by the policy, what dangers were known or obvious, and what the CCSO did, if anything, to address these dangers. In relevant part, Plaintiffs offer expert testimony of corrections experts who opine that it is well-known in the field that correctional officers deal with elevated levels of stress that can, among other things, increase tension in their domestic relationships. (ECF No. 212 at ¶ 74.)3 Plaintiffs experts also cite two incidents prior to the November 2015 shooting that involved a CCSO correctional officer shooting a spouse while off duty. (Id. at ¶ 83.) Plaintiffs also offer the testimony of a psychology expert, who explains that having a firearm in the home increases the likelihood of domestic violence and of homicide. (Id. at ¶ 79.)
The CCSO requires its correctional officers to undergo initial firearms qualification and then annual requalification. These processes include training on the use, care, and storage of firearms but did not include any "psychological components" aimed at assessing whether the correctional officer was mentally fit to carry a firearm. (Id. at ¶ 82; ECF No. 197 at ¶ 38.) However, as recruits, all correctional officers attend 16 weeks of pre-service that covers a variety of topics, including use of firearms as well as mental health topics like coping skills and domestic violence. (ECF No. 197 at ¶ 33.) Additionally, the CCSO's hiring process includes, among other things, a "personality exam" that includes several psychological tests, as well as background checks of anapplicant's job history and criminal history. (Id. at ¶ 30.) Also, after hiring correctional officers, the CCSO conducts routine background checks of its correctional officers' criminal history, driving abstract, and FOID records. (Id. at ¶ 47.)
Additionally, there are three CCSO programs relevant to the issues raised by the parties. First, the CCSO operates a "Peer Support Program" that is a network of volunteer CCSO employees who provide confidential support and assistance to CCSO employees experiencing personal and professional crises. (Id. at ¶ 62.) Second, the CCSO operates an "Employee Assistance Program," which also provides confidential counseling services by staff who are professionally certified in various fields, including psychology and social work. (Id. at ¶ 65.) Although participation in both programs is voluntary, correctional officers are given information about the programs and can be referred to the programs by other CCSO employees or concerned family members. (Id. at ¶¶ 61-67.)
Finally, the CCSO also operates an "Early Warning...
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