Lake County officer sues over discipline after jail death, claiming bias

Adding to the fallout from a Lake County Jail inmate’s death following a scuffle with guards, a corrections officer involved in the incident claims in a new lawsuit that he was targeted for discipline because he is African-American.

The suit filed in Chicago federal court late last month stems from the Lake County Sheriff’s Office’s response to Eugene Gruber’s death after a confrontation with guards in 2011. Gruber’s family settled a lawsuit against the county for nearly $2 million, and several officers were fired or suspended. Two of the fired officers were charged with official misconduct.

Now Lance Ware, 54, of Gurnee, alleges the department discriminated against him by demoting him from sergeant to corrections officer. Though he was a sergeant, Ware’s role in the disturbance was limited, and he and another black officer were the only members of the command staff disciplined when the department first punished guards involved, the suit claims.

Undersheriff Ray Rose said the sheriff’s office would “very aggressively” defend itself against the suit. Ware is trying to “relinquish his accountability” for the incident, Rose said, adding that race never plays a role in departmental discipline. He declined to comment on other details of the lawsuit.

Gruber, 51, of Grayslake, was intoxicated and combative when he was brought into the jail on Halloween 2011, and an officer eventually used a takedown maneuver on him. Gruber was paralyzed, and jail surveillance video showed guards dragging him around the jail. Records show that jail staffers denied him medical attention for hours, even though he complained that he couldn’t move his legs. He died less than six months later in a hospital, and the incident has stirred controversy and upheaval in the sheriff’s office.

Ware’s role was limited to observing parts of the incident and handing other officers dry clothes for Gruber to wear after he was taken out of a shower, according to the lawsuit. A jail tactical unit handled the incident, and that interrupted the usual chain of command, leaving Ware without authority over the situation, the suit claims.

“(Ware) had very little to do with this incident,” said his attorney, Catherine Simmons-Gill. “He had no authority while the (tactical unit) was in charge.”

More than 2 1/2 years after the incident, the sheriff’s office announced the first disciplinary action taken in the matter. Ware, now a 27-year veteran, was demoted, despite a strong record of attendance and performance, the suit alleges. As evidence of discrimination, the suit claims that white officers more directly involved in the incident were not disciplined.

About a year after Ware was demoted, a white sergeant was fired in connection with the incident, according to the lawsuit. This was done “to give the impression that a non-African-American command officer had also been disciplined,” the suit alleges.

Because of his treatment by the department, Ware has had health problems, including a stroke along with high blood pressure, depression and anxiety, the suit claims.

dhinkel@tribpub.com

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