01-1941 Gable v. City of Chicago (57499)

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“The plaintiffs next contend that the City, through its agents, systematically broke into and stole items from vehicles impounded at Lot 6 and continued to allow these incidents of damage and theft to occur despite numerous complaints. There were only two incidents of damage and theft that were perpetrated by pound employees. These incidents are too few to constitute a permanent and well settled custom. See Denno, 218 F.3d at 1277. Moreover, even if pound employees were responsible for many more of the incidents of damage and theft, as the plaintiffs suspect (but have not shown), the City was not deliberately indifferent to whether the problem would continue. First, EAR had an express policy that any employee caught damaging or stealing from a vehicle at Lot 6 would be fired immediately, and this policy was enforced against the two pound employees who were caught.”

“In addition, the City implemented extensive measures to prevent both third parties and pound personnel from damaging or stealing from vehicles at Lot 6, and these measures have been successful in decreasing the number of claims filed. For example, the City installed high fences around Lot 6’s borders, and pound personnel repaired damage to the fences on a daily basis.

Further, the City raised the height of the railroad berms that surrounded Lot 6. The City also hired EAR to operate and manage Lot 6, and in response, EAR implemented several security measures such as requiring pound personnel to inspect every tow truck that entered and exited Lot 6 and subjecting the employees to random inspections. Moreover, EAR installed a dog run and hired security guards and off-duty policemen to conduct 24-hour surveillance of Lot 6. The extent and nature of the specific measures taken by the City in this case support the conclusion that the City was not deliberately indifferent.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Guzman, J., Kanne, J.