Due Process Violation

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7^th Circuit Court of Appeals

Case Name: Tapanga Hardeman, et al. v. Sheriff Mark Curran, et al.

Case No.: 18-2672

Officials: WOOD, Chief Judge, and FLAUM and SYKES, Circuit Judges.

Focus: Due Process Violation

Water is vital for both health and sanitation. Dehydration affects practically every life function, including temperature regulation, digestion, brain function, toxin elimination, and oxygen distribution. See Jon Johnson, “Effects of having no water,” MEDICAL NEWS TODAY, https://www.medicalnewstoday.com/articles/325174.php (last visited July 19, 2019). After a few days, total deprivation of water can be fatal. Id. Basic sanitation is also essential.

The plaintiffs in this case, all pretrial detainees at the Lake County Adult Correctional Facility, allege that they were forced to learn this lesson the hard way. For approximately three days in 2017, the jail officials shut off all water in their jail without any warning. With no running water, the plaintiffs had only limited water that the defendants provided for their personal and sanitation uses. As a result, they became ill and feces built up and festered in the jails’ toilets, attracting insects. When plaintiffs asked for more water, they were locked down in their cells as punishment. The pretrial detainees responded with this putative class action, in which they alleged that the defendants violated their Fourteenth Amendment due process rights. Defendants moved to dismiss on the ground of qualified immunity. The district court denied their motion, and this interlocutory appeal followed. We agree with the district court’s decision and affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.