Foreseeable Suicide in Jail

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7^th Circuit Court of Appeals

Case Name: Lisa Alcorn v. City of Chicago

Case No.: 22-2948

Officials: Easterbrook, Wood, and Kirsch, Circuit Judges.

Focus: Foreseeable Suicide in Jail

Lumar’s incident at a clinic in Chicago led to his arrest due to an outstanding warrant. The police, upon their arrival, found that Lumar was the subject of an arrest warrant and subsequently took him into custody. Tragically, about 19 hours later, Lumar took his own life. His estate filed a lawsuit under 42 U.S.C. 1983, contending that Lumar should have been released without a bond hearing and that had he been released promptly, he would not have taken his own life.

The Seventh Circuit upheld the dismissal of the lawsuit. Although the arrest warrant did specify a bond amount that Lumar could have paid, it had been issued in Lee County, which mandated a local bond hearing by a local order. Even if this order contradicted state law, violating state law does not give rise to a claim under section 1983 when it comes to denying arrestees the option to waive local bond hearings. Federal law does not prohibit presenting an arrestee before a local judge within a reasonable timeframe, not exceeding 48 hours.

The duration of Lumar’s time in custody, which included six hours at a hospital to address breathing issues and the discovery of 12 rocks of crack cocaine in his cell, leading to his return to the Police Department, was deemed reasonable according to the standards set by the Supreme Court. Lumar was also assessed for suicide risk shortly after his arrest and again at the hospital. In Illinois, legal remedies for suicide during custody are only applicable if the jailers engage in actions that make suicide foreseeable.

Affirmed.

Decided 10/12/23

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