CHICAGO — A family suing Cook County, alleging they were attacked shot in their home by a county correctional officer, who ultimately committed suicide, has asked a federal judge to appoint someone to represent the deceased correctional officer's estate, so they can wrap up their legal claims.
On Sept. 11, plaintiffs Deisy Jaimes, Enrique Jaimes and Gloria Jaimes filed the motion in Chicago federal court as part of their legal action, which named as defendants Cook County, Cook County Sheriff Tom Dart, Executive Director of the Cook County Department of Corrections Cara Smith, and others, alleging the county defendants breached their duty in authorizing the correctional officer to carry a weapon.
The Jaimes had initially filed a complaint last November against the county defendants, asking the court to hold them liable for the actions of Cook County Correctional Officer Erika Aguirre, who they allege broke into their home and attempted to murder them on Nov. 15, 2015.
According to the complaint, Aquirre, who had dated Deisy Jaimes, used her county-issued service revolver to shoot Deisy Jaimes and her father, Enrique Jaimes, numerous times. Aquirre then allegedly killed herself in the family's kitchen.
Deisy Jaimes was left with traumatic brain injuries and Enrique Jaimes is now unable to walk.
The plaintiffs have alleged the defendants either were aware or should have been aware that Aguirre was not mentally or emotionally fit to serve as a deputized employee of the Cook County Sheriff's Office, nor fit to be authorized to carry a gun.
However, according to their Sept. 11 motion, the plaintiffs say they haven't been able to locate anyone to represent Aguirre's estate, leaving them unable to press their claims against the county defendands, who they assert should pay the cost of any damages they may be awarded at trial.
The plaintiffs said it does not matter to them if the estate representative is related to Aguirre. Rather, they suggested the Cook County Clerk's office could be named as the estate representative for the purposes of their lawsuit, as the county would ultimately be asked to pay the damages.
The plaintiffs are represented by Arthur Loevy, Jon Loevy, Michael Kanovitz, Vince Field and Katie Roche of Loevy & Loevy in Chicago.
U.S. District Court for the Northern District of Illinois, Eastern Division number 1:17-CV-08291