Joshua DeShaney, the child, was rendered mentally retarded after he was repeatedly beaten by his dad. Winnebago County Department of Social Services (1988), in which the mother of a four-year-old boy sued the government for failing to remove him from his father's custody. At the heart of the matter is a 7th Circuit precedent known as DeShaney v. ![]() In his opinion, Judge Easterbrook rejected Weiland and Chrones' claims that Loomis violated their 14th Amendment rights, observing that "the Due Process Clause generally does not condemn official negligence."īut the bulk of Judge Easterbrook's opinion centered on whether or not Loomis should enjoy qualified immunity. Last month, the 7th Circuit overturned that ruling. District Court for the Northern District of Illinois, Eastern Division, sided with Weiland and Chrones. Victoria Weiland and Deanna Chrones, who were patients at the hospital at the time of the incident, sued Loomis, arguing that they have suffered post-traumatic stress and anxiety as a result of Loomis' negligence. After a standoff with a SWAT team, Salters was shot and killed. He then took another nurse to a hospital decontamination room, where he raped her at gunpoint. Salters then forced a nurse to remove her clothes so he could put them on. Loomis failed to subdue Salters, and did not alert hospital security personnel of the situation. On May 13, during one such instance, Loomis removed Salters's restraints for at least 30 minutes the inmate then stole Loomis's handgun, which was not holstered. ![]() Loomis unshackled Salters on multiple occasions, leaving him unsupervised and allowing him to walk around the hospital without restriction. He was then transferred to the Delnor Community Hospital and put under Loomis's supervision. On May 8, 2017, Tywon Salters, an inmate at the Kane County Jail, drank hydrogen peroxide and ate a jail-issued sandal in an apparent suicide attempt. Court of Appeals for the 7th Circuit Court ruled that while the officer, Shawn Loomis, is a "feckless coward," current case law has not "clearly established that permitting a prisoner to escape violates the Constitution." Loomis is thus protected by qualified immunity, a legal doctrine which effectively holds that public servants can only face civil suits if the conduct in question has explicitly been ruled unconstitutional in an earlier case. Writing for a unanimous three-judge panel, Judge Frank H. A federal court has ruled that a prison guard who flouted protocol and unshackled an inmate, who then terrorized a local hospital, cannot be sued in connection with the incident.
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