Dist. Ct. did not err in denying defendants-jail officials’ motion to dismiss plaintiffs-pre-trial detainees’ action alleging that defendants violated their 14th Amendment due process rights, when defendants shut off all water to jail for three days without warning and provided plaintiffs only five bottles of water per day during said time for their personal use. Plaintiffs’ action focused on claim that defendants denied them less than minimal amounts of water needed for necessary activities of life, including drinking water and water to maintain sanitation, and plaintiffs’ claims, if proved, would constitute violation of Constitution so as to support denial of defendant’s claim of qualified immunity. Fact that defendants claimed that shut off was necessary to replace water booster pump did not require different result, where defendants had other options to procure necessary water for its pretrial detainees.
Federal 7th Circuit Court
Civil Court
Qualified Immunity