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detainees that since there were no open beds in any part of the jail, that the only available option
was to allow the inmates to stay in this cell block of Division 6. Since the cells in this cell block
were under construction, the pre-trial detainees could not stay in the cells and had to sleep on the
floor in the common area in the middle of the cell block. The Plaintiff and the pre-trial detainees
were not provided mattress pads, pillows, blankets, soap or toilet paper at this time. Since the
construction crews returned at 6:00 a.m., the guard could only allow the pre-trial detainees to
sleep on the floor in the common area for two (2) hours. Finally, the guard said that they could
not give food to the inmates at this time.
In the middle of the afternoon of May 14, 2014, the guards finally gave the Plaintiff
and the remaining pre-trial detainees a sandwich and a drink. This was the first time that the
Plaintiff was given food for more than two and a half (2 1/2) days of being in custody.
22.
The Plaintiff and the remaining pre-trial detainees were handcuffed and moved to a
fifth holding area where they did not have access to a bathroom or running water until
approximately 4:00 a.m. of May 15, 2014. While he was being held in this fifth holding area, the
Plaintiff informed the guards that he had to use the bathroom. However, the guards ignored his
pleas. After waiting for a significant period of time, the Plaintiff was unable to contain himself
and urinated in his jumpsuit.
Upon information and belief, Defendants, TOMAS J. DART and CARA SMITH
either instituted policies permitting or directing officers to house prisoners, like the Plaintiff in
temporary holding cells for days on end without food, liquids, adequate bathroom and/or shower
facilities, beds, or any of the other necessities of life; or in the alternative, failed to implement or
enforce policies and procedures prohibiting the actions described herein.
31. By reason of policies and procedures (or lack thereof) described above, the
Defendants subjected Plaintiff to unnecessary pain and suffering, and to an unreasonable risk of
harm and injury through BARBARIC living conditions. These policies and practices have been
implemented by Defendants and their agents or employees in their official capacities, and are the
proximate cause of Plaintiff’s deprivation of rights secured by the United States Constitution
under the Fourteenth Amendment and protected by 42 U.S.C. §1983
CLICK HERE TO SEE LAWSUIT - http://www.scribd.com/doc/229861565/MALEWSKI-vs-Cook-County-Sheriff-Tom-Dart
