Elizarri v. Sheriff of Cook County

Record contained sufficient evidence to support jury’s verdict in favor of defendant-Sheriff in section 1983 action by plaintiffs-prisoners alleging that defendant did not do enough to prevent either guards or public employees from stealing or losing plaintiffs’ personal property that had been tendered at time of incarceration. Record showed that theft-rate, although substantial, had been falling due to defendant’s implementation of additional controls so as to warrant finding that defendant had taken reasonable measures to address problem. Ct. rejected plaintiffs’ argument that jury instruction defining deliberate indifference as conscious disregard of risk of theft by failing to take reasonable measures to prevent said losses misstated applicable law, since plaintiffs’ counsel failed to object to language of instant instruction. Also, Dist. Ct. was not required to tell jury that State of Illinois does not provide inmates with financial remedy for lost/stolen goods, where defendant’s counsel did not argue to jury that Illinois supplies remedy for lost/stolen property.