Hernandez v. Cook Cnty. Sheriff's Dep't, No. 12-1941 (7th Cir. 2013)
Annotate this CasePlaintiffs are correctional officers and were part of a specialized unit, the Special Operations Response Team (SORT) that guarded inmates in the Cook County Jail’s Abnormal Behavioral Observation Unit (ABO). In 2006, six violent felons escaped from the ABO, raising suspicion of inside assistance. A correctional officer, Gater, confessed to allowing the escape and named three others as assisting him or having advance knowledge of the escape. Those officers were investigated and reassigned after disbandment of SORT. They filed suit, claiming psychological and emotional injuries from the investigation and that they were investigated due to their political support for a then-candidate for Sheriff. Following a remand, the district court again denied summary judgment, finding genuine issues of material fact relating to the political retaliation claims, the veracity of Gater’s confession and the fact that no other officers were investigated for the jailbreak. The Seventh Circuit reversed. Authorities had probable cause to investigate the officers, making other possible motivations for their treatment less relevant. While the defendants may have expressed negative opinions regarding the officers’ support of the candidate, it was objectively reasonable to investigate officers implicated in a multi-felon jailbreak.
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