Alcorn v. City of Chicago, Illinois

Dist. Ct. did not err in entering judgment in favor of defendants-police officials in plaintiff’s section 1983 action, alleging that defendants violated plaintiff’s decedent’s Fourth Amendment rights by failing to protect him from committing suicide while decedent was in defendants’ jail for 19 hours awaiting a bond hearing Record showed that decedent’s arrest warrant already had set bond at $500, and that decedent had enough money in his possession at time of arrest to post bond. While plaintiff argued that defendants were responsible for decedent’s suicide because they did not immediately release him on bond, record also showed that decedent’s warrant was issued by court in Lee County, and Chief Judge in Cook County had issued order requiring bond hearings for all persons arrested on warrants issued by courts outside of Cook County. While plaintiff argued that Chief Judge’s order was inconsistent with Illinois statute that permits arrestees to waive local bond hearings, said alleged state law violation did not support instant section 1983 Fourth Amendment claim, where: (1) plaintiff’s claim does not rest on violation of Illinois law, but rather violation of Fourth Amendment; and (2) violation of state law does not permit any damage award under section 1983. Moreover, plaintiff did not allege that instant 19-hour delay exceeded federal rule for how much time that police can take to present arrested person to judge to conduct bond hearing. Also, Dist. Ct. could properly find that decedent did not present risk of suicide to defendants throughout his detention.