Schmude v. Sheahan

OPINION AND ORDER

NORGLE, District Judge.

Before the court is Defendants’, William Spatz, Patricia Pultz and Larry Koscianski’s, Motion to Dismiss Plaintiffs Second Amended Complaint pursuant to Rules 4(m), 12(b)(4), and 12(b)(5). For the following reasons, Defendants’ motion is denied.

I. BACKGROUND

This case arises out of the death of Louis Schmude. Schmude died on May 7, 2000, while he was in the custody of the Cook County Sheriffs Department. Plaintiff (hereinafter “the Estate”)1 claims that Defendants are liable under 42 U.S.C. § 1983 and various state law theories for damages arising out of…