Reed v. City Of Chicago

263 F. Supp. 2d 1123 (2003)

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Nature of the Case

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Facts

J.C. Reed was arrested and placed in a detention cell controlled and managed by Police Officers (Ds). Ds knew that J.C. was mentally unstable, had witnessed him attempting suicide by slitting his wrists, and failed to adequately monitor the cell. His clothing was removed, and he was given a paper isolation gown. Reed (P) claims that J.C. used this gown to hang himself and that officers found him in the cell and failed to give him proper medical care, resulting in his death. P alleges that the gown was manufactured and designed by defendants Edwards, Cypress, and Medline (Cypress) and that it breached implied and express warranties when the gown failed to tear away when used by J.C. in an attempt to hang himself. Cypress moved to dismiss under 12(b)(6) as there was no privity.