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Monthly Law Journal Article: Civil Liability for Sexual Assault and Harassment by Officers, 2008 (2) AELE Mo. L.J. 101.
Three women who had been sexually assaulted claimed that the city of Memphis, Tennessee had wrongfully failed to submit their sexual assault kits (SAKs) of physical evidence of their assaults for testing. They alleged that the city possessed more than 15,000 SAKs that had not been submitted for testing, resulting in spoliation of evidence. They asked the trial court to certify a class action lawsuit on behalf of all women whose kits the city failed to test. The trial court dismissed all claims except an equal protection claim of sex discrimination. After two years of discovery, costing the city over $1 million in expenses, it was revealed that two of the three plaintiffs’ SAKs were actually tested shortly after their assaults. The third plaintiff’s SAK was tested 10 years after her assault. The trial court granted summary judgment to the city as to two plaintiffs and struck the class allegations, ruling that no amount of additional discovery would allow the plaintiffs to sufficiently demonstrate commonality. A federal appeals court reversed, ruling that the city unreasonably delayed producing discovery material and additional discovery might have changed the outcome. Expenditures of time and money alone did not justify terminating discovery when a plaintiff has been diligent and might still discover information that could establish a genuine issue of material fact. Doe v. City of Memphis, #18-5565, 2019 U.S. App. Lexis 22920 (6th Cir.).
A sheriff’s deputy, who was in uniform and carrying a gun, responded to a husband’s call reporting a domestic disturbance with his wife. The deputy, upon arrival, ordered the wife to leave and go to her other house. She replied that she could not go there because an electrical panel had been dismantled. He took her to that house and turned on the electricity for her and appeared to leave. A few minutes later, however, she found him standing naked in the house. He then allegedly attacked her sexually and threatened to make her “life difficult” if she reported this. She filed negligence claims against the sheriff and intentional tort and civil rights claims against the deputy. The district court granted the sheriff summary judgment on the vicarious liability claim and on the plaintiff’s negligent hiring, training, and retention claim because he presented no evidence that the sheriff knew of the necessity of exerting control to prevent the deputy’s sexual misconduct. On the claims against the deputy, the jury awarded $100,000 in compensatory damages, $275,000 in punitive damages, and attorneys’ fees and costs of $97,267.80. A federal appeals court reversed on the vicarious liability claims against the sheriff and upheld the rejection of the negligent hiring claim. The deputy, the court stated, exploited “unique institutional prerogatives of his police employment.” Whether his employment gave rise to an abuse of that power was a question of fact for the jury to decide. Zander v. Orlich, #17-2792, 2018 U.S. App. Lexis 30648 (7th Cir.).
The plaintiffs, who were former participants in a county drug court, sued the county and other defendants, claiming that a former sheriff’s department lieutenant violated their substantive due process rights by committing repeated acts of sexual abuse against them while serving as the monitor (“tracker”) of drug court participants. Upholding the denial of the county’s post-verdict motion, a federal appeals court ruled that there was sufficient evidence to support the jury’s finding that the county was deliberately indifferent to the obvious risk that its failure to supervise the lieutenant would result in the violation of the plaintiffs’ rights. A total of $2,250,000 in damages were awarded to four plaintiffs. S.M. v. Lincoln County, Missouri, #16-3451, 2017 U.S. App. Lexis 21316 (8th Cir.).
An officer was dispatched to a
woman's home to investigate her report that her child had been harassed at
school. Once inside, he allegedly pointed his gun at her and battered and raped
her, telling her that he would kill her and her children if she reported the
incident. A federal appeals court ruled that the trial court correctly
dismissed claims against the police chief arising from the incident as the
plaintiff failed to show that the chief was deliberately indifferent or had
notice of the risk that the officer would assault her. The officer's prior
disciplinary record, together with the other facts, was not enough to show that
the harm was reasonably foreseeable for purposes of a negligence claim against
the city under state law. Saldivar v. Racine, #15-1448, 2016 U.S. App. Lexis
5623 (1st Cir.).
Five female Drug Court
participants claimed that a male Lieutenant in the county Sheriff's Department
sexually abused them while working as a "tracker" for the Drug Court.
As part of his duties, he made home visits and inspections. A federal appeals
court reversed the denial of qualified immunity to the defendant county
sheriff, since the plaintiffs presented no real evidence that he had knowledge
of the Lieutenant's sexual misconduct. S.M. v. Krigbaum, #14-3704, 808 F.3d 335
(8th Cir. 2015).
A woman who had previously been assaulted by her
ex-husband served as the police department contact for her neighborhood watch group.
She mentioned the assault to the police chief, but no report was file nor was
any official action taken. The chief started spending time with her, and
ultimately entered into a sexual relationship with her. After she broke it off,
she began experiencing what she believed was harassment, including unknown cars
parked outside her house and anonymous threatening phone calls mentioning
private conversations she had had with the chief. While she reported this to
the police department, no official action was taken. Believing that the chief
had orchestrated the harassment, she sued the city and the chief both
individually and in his official capacity. A federal appeals court upheld
summary judgment for the dependents on constitutional claims. rejecting assertions
of substantive due process violations of her rights to bodily integrity and to
be free from state-created danger. There was, first of all, no evidence that
the chief had coerced her into sexual relations through an abuse of authority
that was shocking to the conscience. The plaintiff did not show that the
defendants violated equal protection by maintaining a policy of failing to
respond to women's complaints of domestic violence, as she offered only a
"smattering" of anecdotal evidence for her assertions. And she failed
to show that she was subjected to a state-created danger, because the chief's
alleged failure to report her domestic abuse claim and the department's alleged
failure to adequately respond to her claims of harassment did not make her more
vulnerable to risks created by others, but rather left her in the same
circumstances she had been in before she sought a protective order. Villanueva
v. City of Scottsbluff, #14-1792, 2015 U.S. App. Lexis 2568 (8th Cir.).
A Marine sergeant was accused of having committed
a sexual assault while on a recruitment detail at a middle school. A lawsuit
was filed against the U.S. government for the sexual assault under the Federal
Tort Claims Act (FTCA). The claim accrued when the plaintiff became aware of her
injury, not when she claimed to have learned of the Marine Corp's negligence.
Since she did not file an administrative claim until four years after the
incident, the FTCA's two-year statute of limitations would ordinarily bar the
claim, but during the appeal of the lawsuit's dismissal, the 9th Circuit ruled
in Wong v. Beebe, #10-36136, 732 F.3d 1030 (9th Cir. 2013) that equitable
tolling of the statute of limitations was available in FTCA cases. The appeals
court therefore ordered that the trial court hold further proceedings to
consider the plaintiff's equitable tolling arguments. Gallardo v. United
States, #12-55255, 2014 U.S. App. Lexis 6964 (9th Cir.).
A police officer was assigned to take a female
shoplifting suspect to court, but instead allegedly coerced her to perform oral
sex in the front seat of his police car. A trial court had granted summary
judgment to the State of Delaware on the basis of a conclusion that no
reasonable jury could find that the officer was acting within the scope of his employment
in coercing sex. The Supreme Court of Delaware found that the sexual nature of
the wrongdoing was not dispositive of whether the officer acted in the scope of
his employment, noting that the officer was on duty, in uniform, was carrying
out a police duty of supposedly transporting the woman to court, and the
alleged sexual assault took place in a police car. This satisfied a number of
factors used in judging whether the officer acted within the scope of his
employment, for which the state could be liable. Further proceedings were
required for a jury to determine whether the officer was activated in part to
serve his employer and whether the use of force was not unexpected, and whether
the officer therefore acted within the scope of his employment. Doe v.
Delaware, #447, 2013 Del. Lexis 469.
A young female participant in a police department
Explorer program reported that a police sergeant sexually abused her while she
was in the program. He is currently serving a twenty-year prison sentence for
indecency with a child and sexual assault of a child. The girl subsequently
sued state officers involved in the investigation of her complaint and the
eventual arrest of the sergeant, saying that they failed to intervene in a
timely manner to stop the sergeant's abuse of her. A federal appeals court
found that the plaintiff had not sufficiently alleged a basis for showing that
the defendants had violated her rights in any way, either under a deliberate
indifference or bystander liability theories. Whitley v. Hanna, #12-10312, 2013
U.S. App. Lexis 16485 (5th Cir.).
A female minor sued a city and one of its
officers, claiming that the officer had sexually assaulted her. The officer was
criminally charged with the sexual assault and fired. A federal appeals court
ruled that the plaintiff adequately raised factual issues concerning whether
the city engaged in a custom of neglecting to adequately supervise, discipline
and investigate its officers. The appeals court rejected the argument that only
previous sexual assaults by the city's officers were relevant to show a pattern
of past similar misconduct. That approach was too narrow and acts of violent
misconduct by officers could be examined, not just the subcategory of sexual
assault. She had shown that the police department had received many past
complaints of officer violence, so summary judgment in favor of the city was
vacated. Doe v. City of Marianna, #12-2052, 2013 U.S. App. Lexis 12555 (8th
Cir.).
A police officer responding to a woman's 911 call
about a fight with her teenage son at her home late at night allegedly raped
her. He was subsequently arrested, fired, and committed suicide. The woman sued
the police department, asserting claims for inadequate hiring and training,
inadequate investigation of a prior sexual assault complaint against the
officer, and inadequate discipline and supervision. The trial court held that a
reasonable jury could conclude that the officer acted under color of state law,
but granted summary judgment for the defendants because the plaintiff failed to
prove that they caused the rape or acted with deliberate indifference to the
risk that it would occur. A federal appeals court agreed. "The events
alleged in this case are tragic, and Officer Coyne's alleged conduct was a terrible
crime. The state cannot prosecute Officer Coyne because he is dead, and Ms.
Schneider is left with suing his supervisors and employer. . . . to hold
[defendants] liable for Officer Coyne's actions, she faces stringent proof
requirements under 1983 law, proof she is unable to muster." Schneider v.
City of Grand Junction, #12-1086, 2013 U.S. App. Lexis 11247 (10th Cir.).
A member of a municipality's auxiliary police
reserve stopped a motorist, despite his lack of authority under state law to do
so. After arresting her and learning that she was homeless, he allegedly took
her to an empty parking lot and sexually molested her under the pretext of
taking her to a homeless shelter. She sued over the sexual assault as well as
for a search of her car and its contents, carried out after she was under
arrest and confined to the back of the officer's vehicle. The defendant could
not assert a qualified immunity defense, because he was clearly acting in
excess of his legal authority. The search of the vehicle violated the Fourth
Amendment since the arrestee could not then reach anything in it and there was
no basis to suspect that the search would produce any evidence of her supposed
traffic violation or any other crime. Johnson v. Phillips, # 11–1367, 2011
U.S. App. Lexis 25572 (8th Cir.).
A 16-year-old boy who was allegedly sexually
molested by a village's fire chief while participating in a fire cadet program,
sued the village for alleged violations of his federal civil rights, arguing
that the sexual assault was facilitated by the deliberate retention of the fire
chief, despite his alleged prior misconduct with other minors. Upholding
summary judgment for the defendants, a federal appeals court found that a
quorum of the village's board of trustees, which agreed to retain him, had no
knowledge of his alleged prior sexual misconduct, and that the plaintiff failed
to present sufficient evidence to support his assertion that the board
president knew that acting to retain the chief would create a substantial risk
of harm to the plaintiff or other minors. Wragg v. Village of Thornton,
#08-3766, 604 F.3d 464 (7th Cir. 2010).
A county sheriff hired a deputy, who was
allegedly provided with little or no training. The deputy was first assigned
duties as a jailer, and later as a "road deputy." During his last
week on the job, after resigning to pursue a position with the state Department
of Corrections, he encountered a female employee at a convenience store who
asked his advice on some legal problems. She declined his offer to go on a date
with him. Learning that she had several outstanding arrest warrants, and owed
approximately $800 in fees and fines, he drove to the store on his last day on
the job, arrested her, and transported her to the jail, telling her that he
would not have done so if she had agreed to the date. At the jail, the deputy
bet a jailer that he could get the arrestee to reveal her breasts. He then told
the arrestee that he could get her fines reduced if she would show him her
breasts, and she eventually complied. He then allegedly grabbed her exposed
breast. She sued the deputy and the sheriff, claiming that the sheriff failed
to properly train the deputy. The deputy was also arrested and pled guilty to
second degree sexual assault. The deputy had received a policy manual, but had
not been required to read it, and, in fact, did not read it. He was scheduled
to attend a training academy, but had not yet attended it at the time of the
incident. The trial court found the deputy liable, as well as the sheriff in
his official capacity, while granting the sheriff qualified immunity in his
individual capacity. A federal appeals court overturned the inadequate training
liability, noting that there was no duty specified in state statutes for
sheriffs to train subordinates not to sexually assault detainees, and that
there had been no past pattern of such conduct by the sheriff's deputies that
would have put him on notice about the need for such training. Additionally,
since a reasonable officer would know that intentionally sexually assaulting a
detainee was illegal, and the deputy admitted that he knew "that such
conduct was impermissible," the plaintiff failed to show that the lack of
training caused the assault. Parrish v. Ball, #08-3517, 2010 U.S. App. Lexis
2748 (8th Cir.).
A woman claimed that a police officer, after
repeatedly urging her to have her husband arrested, then insisted that she ride
in his vehicle, rather than her own, to go to the police station. In the car,
he allegedly touched and caressed her hand, stating that he wanted to date her.
Upholding the denial of summary judgment for the officer in the woman's lawsuit
for violating her Fourth Amendment rights, a federal appeals court found that a
seizure occurred, in that the woman was captive in a moving police car under
the officer's control, and had a clearly established right to be free of his
sexual overtures and repeated touches while in his control. Wilson v. Wilkins,
#09-5416, 2010 U.S. App. Lexis 976 (Unpub. 6th Cir.).
A woman allegedly raped by a police officer
contended that the city had acted with deliberate indifference to her
constitutional rights in failing to properly supervise the officer. She pointed
to prior incidents, including the city becoming aware that the officer was
dating and having sex with a minor, that he consumed too much alcohol or was
drugged at a bar, and that he was found on the rooftop of a building with
cracked ribs. She also asserted that he had previously left his badge and
uniform with a minor, damaged his patrol car, did not respond in a timely
manner to a car accident, and failed to perform a field sobriety test when he
finally responded. While many of these incidents were not similar to the
alleged rape, the fact that the city and a sergeant allegedly knew of the
officer's sex with a minor who could not legally consent justified denying the
city's motion for summary judgment on the claim that this made it predictable
that the rape was a consequence of the failure of the city to adequately investigate,
supervise, and/or fire him. Arnold v. City of San Antonio, #SA-07-CA-877, 2009
U.S. Dist. Lexis 32744 (W.D. Tex.).
A woman who claimed that she was sexually
assaulted by a former police officer claimed that her rape was the result of
the police chief's failure to adequately supervise the officer. A federal
appeals court found that summary judgment for the police chief and city were
proper because there was insufficient evidence that the police chief acted with
deliberate indifference. While the chief knew of four prior excessive force and
unlawful arrest allegations against the officer, all arising from the same
incident, prior to the alleged rape, there were no accusations that the officer
engaged in sexual misconduct. In the absence of a pattern of similar incidents
involving sexual misconduct, the plaintiff could not establish deliberate
indifference as required for a failure to supervise claim. The appeals court
did, however, uphold a jury's award of $50,000 in compensatory and $250,000 in
punitive damages against the former officer, and rejected arguments that the
punitive damage award was excessive. Lewis v. Pugh, No. 07-40662, 2008 U.S.
App. Lexis 17748 (Unpub. 5th Cir.).
City was entitled to partial summary judgment in
lawsuit by woman over officer's alleged improper sexual behavior towards her.
The court rejected the plaintiff's argument that the city's failure to produce
and use training materials specifically focused on improper sexual behavior was
sufficient to establish a genuine issue as to whether inadequate training
caused the officer's actions. The court noted that the city had numerous
policies mandating ethical conduct, including towards arrestees. Teal v. City
of Houston, Civil Action H-06-3726, 2007 U.S. Dist. Lexis 80675 (S.D. Tex.).
Two men, now in their 40's could not pursue their
claims against the City of Los Angeles and the Boy Scouts of America concerning
their alleged sexual abuse by a police officer in the 1970's when they
participated in a police department Explorer Scout program. Under a California
statute, such claims must be brought before the victim's 26th birthday, unless
the defendant knew or had reason to know of the unlawful sexual conduct by an
employee or agent, and failed to take "reasonable steps, and to implement
reasonable safeguards, to avoid acts of unlawful sexual conduct in the future
by that person." The California Supreme Court upheld the dismissal of the
lawsuit on statute of limitations grounds, finding that the plaintiffs failed
to make specific enough allegations concerning the defendants' knowledge of the
officer's alleged past sexual misconduct with minors to bring their case within
the cited exception to the statute. Doe v. City of Los Angeles, No. S142546,
2007 Cal. Lexis 12186.
Woman allegedly fondled by a deputy sheriff who
attempted to kiss her while he had been on duty for the county failed to show
that the county's lack of policies regarding sexual harassment caused his
conduct. The deputy himself acknowledged that, due to his law enforcement
training, he knew that it was wrong to touch females in an inappropriate manner
when he came into contact with them in the course of his duties. The plaintiff
was, however, awarded $25,000 against the deputy himself, who had come to her home
in response to her 911 call seeking help for her brother, who had overdosed on
drugs. Currie v. Haywood County, Tennessee, No. 06-5683, 2007 U.S. App. Lexis
8530 (6th Cir.).
While a constable's alleged sexual assault on a
woman, if true, violated a clearly established constitutional right, the
plaintiff failed to show a connection between the alleged assault and the
failure of a supervisor to report a prior alleged incident of sexual misconduct
by the constable. Claims for alleged inadequate supervision or training are
rejected. Atwood v. Town of Ellington, No.3:04cv207, 2007 U.S. Dist. Lexis 176
(D. Conn.).[N/R]
Even though police officer initially encountered
woman at police station where she was filling out paperwork concerning
accident, he did not act under color of state law in motioning for her to come
and see him, or in subsequently calling her on her cell phone and suggesting
that they have an encounter of a "romantic" nature. At no point
during these interactions did he state that he wanted to discuss official
police business, or assert police authority, so that he and the city were
entitled to dismissal of constitutional claims for violation of the right to
privacy and equal protection. Federal trial court could properly, however, keep
jurisdiction over state law claim for intentional infliction of emotional
distress arising from the officer's actions. Chavez v. Guerrero, No. 06C2180,
2006 U.S. Dist. Lexis 91475 (N.D. Ill.). [N/R]
Oregon intermediate appeals court overturns
$81,260 jury award against city in lawsuit arising from alleged sexual abuse,
by a police officer, of a teenager involved in a police Explorer youth program.
The court found that the lawsuit was time-barred under a two-year statute of
limitations and that the plaintiff's claim accrued at the time the abuse
allegedly occurred, not later when he testified before a grand jury proceeding
concerning the incidents years later. Court rejects the plaintiff's theory that
it was not until the grand jury proceeding that he had enough information to
know that the city may have caused his injuries by ignoring reports of the
officer's alleged abusive tendencies. T.R. v. Boy Scouts of America, No.
0206-5750, 133 P.3d 353 (Ore. App. 2006). [N/R]
Female
motorist's allegation that a state patrol officer, during a routine traffic
stop, touched her outside of her pants near the vaginal area, and then placed
his hand underneath her clothing, inserting at least one finger into her
vagina, if true, was sufficient to state a federal civil rights claim for
sexual battery and sexual assault against the officer individually. The Georgia
State Patrol and Department of Public Safety, however, were state agencies not
subject to a lawsuit for damages under 42 U.S.C. Sec. 1983, and claims under
state law were barred by sovereign immunity for losses resulting from assault,
battery, or false imprisonment, based on an exception to a statute waiving
sovereign immunity for certain injuries caused by governmental employees. Davis
v. Standifer, No. A05A1292, 621 S.E.2d 852 (Ga. App. 2005). [N/R]
City was properly held liable, under Michigan
state law, for police officer's alleged criminal sexual conduct towards three
female motorists during separate traffic stops. Intermediate appeals court
upholds judgment of $2.625 million against city on the basis of jury verdict
awarding drivers $7.5 million, and allocating 35% of the fault to the city.
Court rejects argument that the damages awarded were excessive. The lawsuit was
brought under a state civil rights statute under a sexual harassment claim.
Diamond v. Witherspoon, No. 252657, 696 N.W.2d 770 (Mich. App. 2005). [N/R]
Liability insurance policy issued to city did not
provide coverage for police officer and another city employee on claims that they
allegedly sexually assaulted arrestees because their alleged conduct was
outside the scope of their employment. Employers Mutual Casualty Company v.
Mallard, No. 02-10786, 402 F.3d 1085 (11th Cir. 2005). [N/R]
Sheriff did not act in a policy-making capacity
for the county when he allegedly engaged in statutory rape of mentally
handicapped female minor by using his police vehicle's lights and siren to pull
over vehicle in which she was a passenger. County, therefore, could not be held
liable, in federal civil rights lawsuit, for sheriff's actions. Wooten v.
Logan, No. 02-5753, 92 Fed. Appx. 143 (6th Cir. 2004). [N/R]
County sheriff could be held vicariously liable
for on-duty sexual assault by deputy if the complainant shows that he was aided
in committing the attack by his position as a law enforcement officer. Doe v.
Forrest, Vt., #2002-184, 2004 VT 37, 2004 Vt. Lexis 103 (2004). [2004 LR
Jul]
Alabama sheriff had Eleventh Amendment immunity
from federal civil rights lawsuit over alleged rape of burglary victim by
deputy sheriff dispatched to assist her, as he acted, under state law, on
behalf of the state, not the county. Sheriff also had absolute immunity from
state law official capacity claims and discretionary function immunity from individual
capacity claims for negligent hiring, supervision, or training of the deputy,
under state law. McClure v. Houston County, Alabama, 306 F. Supp. 2d 1160 (M.D.
Ala. 2003). [N/R]
Woman's claim that she was raped by a military
recruiter on U.S. government premises did not entitle her to pursue liability
claims against the government under the Federal Tort Claims Act (FTCA), 28
U.S.C. Sec. 1346(b)(1) and 2680(h). Claims for alleged negligent hiring and
supervision of alleged assailant were barred because they arose from alleged
intentional misconduct, coming within an "intentional tort" exclusion
from the FTCA's waiver of governmental immunity. Verran v. United States, 305
F. Supp. 2d 765 (E.D. Mich. 2004). [N/R]
Officer acted in a personal capacity only and not
within the scope of his employment when he allegedly embraced motorist who he
stopped and arrested for driving under the influence of alcohol and later
allegedly attempted to kiss her when she returned to retrieve her driver's
license. Employer of officer, therefore, could not be held vicariously liable
for his actions. Cockrell v. Pearl River Valley Water Supply District, No.
2002-CA-02090-SCT, 865 So. 2d 357 (Miss. 2004). [N/R]
Federal appeals court reverses trial judge's
grant of summary judgment to city in lawsuit brought by female motorist who
claimed that police officer broke into her home and sexually assaulted her
after obtaining her home address from her driver's license during traffic stop
which might have been aimed solely at finding out where she lived. Court
speculates that Illinois Supreme Court might find that the officer, because of
his assertion of his official authority, acted within the scope of his
employment, triggering a duty, on the part of the city, to indemnify the
officer for any judgment against him. Doe v. City of Chicago, No. 03-2221, 2004
U.S. App. Lexis 3811 (7th Cir. 2004). [2004 LR Apr]
County and sheriff were not liable, under either
Ohio state law or federal civil rights law, for a deputy's sexual advances made
towards a minor girl while off duty, even though he was in uniform and using a
county-owned van to transport his daughter and her friends home from a movie.
Deputy acted outside of the scope of his employment and did not act "under
color" of law. Ramey v. Mudd, No. 02CA14, 798 N.E.2d 57 (Ohio App. 2003).
[2004 LR Feb]
Commissioner of public safety was not entitled to
qualified immunity from liability for state trooper's alleged lewd and
suggestive comments to female motorist while strip-searching her during a
traffic stop. He was allegedly aware of trooper's propensities towards
misconduct with female motorists, but backed down on a decision to fire him,
returning him to duty on the highways instead. Clancy v. McCabe, #01-P-806, 790
N.E.2d 1126 (Mass. App. 2003). [2003 LR Sep]
Police superintendent could be sued for liability
for alleged sexual abuse of eighth grade female student by police officer
assigned to school, based on alleged failure to properly select, train,
evaluate and supervise the officer. Plaintiff was entitled to conduct discovery
to see if the officer's record revealed a pattern of "aggressive behavior
or sexual misconduct" sufficient to put the superintendent on notice that
he was not an appropriate person to assign to the school. Perez v. Fajardo, 257
F. Supp. 2d 467 (D. Puerto Rico 2003). [N/R]
While a release agreement signed by an alleged
victim of sexual assault by a former city police officer was voluntarily
entered into in exchange for a plea agreement on pending intoxicated driving
charges, a federal trial court ruled that there were "relevant public
interests" which barred enforcement of the release. The court noted the
evidence supporting the sexual assault claim and ruled that enforcement of the
release could adversely affect a public interest in deterring police
misconduct. Oliver v. City of Berkley, 261 F. Supp. 2d 870 (E.D. Mich. 2003).
[N/R]
Allegedly coercing a woman facing cocaine charges
into performing oral sex for money with another police officer as part of a
sting operation to arrest the officer on soliciting for prostitution charges
may have been a battery and violated the woman's due process rights. Federal
appeals court holds, however, that officer who allegedly fraudulently
threatened woman with 40 years sentence if she did not cooperate was entitled
to qualified immunity, since it would not have been obvious to a reasonable
officer that this violated her constitutional rights. Sting operation against
officer did not violate his rights. Alexander v. Deangelo, #02-3124, 329 F.3d
912 (7th Cir. 2003). [2003 LR Aug]
Federal appeals court upholds award of $1 in
nominal damages and $7,428 in attorneys' fees against city which allegedly took
no action and began no investigation of woman's complaints to police chief and
mayor that a police officer with whom she had broken off an affair was
harassing her and stalking her while on the job and in uniform. Attorneys' fee
award, court states, should put police departments and cities "on notice"
that they cannot simply ignore such complaints. Murray v. City of Onawa, Iowa,
No. 02-2626, 323 F.3d 616 (8th Cir. 2003). [2003 LR Jul]
Police commissioner should not be required to
give a deposition in a lawsuit claiming that county police officers engaged in
sexual abuse when he had no personal knowledge of the incident involved, and
there were other, lower ranking officials who could provide evidence on the
county's policies and procedures for addressing alleged sexual abuse by
officers. Murray v. County of Suffolk, 212 F.R.D. 108 (E.D.N.Y. 2002). [N/R]
Police chief was not entitled to qualified
immunity on detainee's claim that officer falsely arrested him and then tried
to sexually molest him. Complaint presented sufficient allegations that the city
ignored a known or obvious risk that the officer was highly likely to engage in
sexual misconduct and abuse of power and inadequately screened him. Romero v.
City of Clanton, 220 F. Supp. 2d 1313 (M.D. Ala. 2002). [2003 LR Feb.]
While city could not be held vicariously liable
for police officer's alleged sexual abuse of juvenile participants in police
department's Explorer program, it did have a duty to protect the youths against
such abuse and there was a genuine issue of fact as to whether that duty had
been breached. Doe v. City of Murrieta, No. E029190, 126 Cal. Rptr. 2d 213
(Cal. App. 2002). [2003 LR Jan]
Sheriff could not be held liable for
"acquiescing" in deputy's alleged "improper conduct" with
female passenger in his vehicle when he never learned of it until after a
lawsuit was filed; deputy who filed bankruptcy could not be sued for this
conduct when plaintiff took no steps in court to object to the discharge of the
claim or to seek an exception to the discharge. Moor v. Madison County
Sheriff's Department, No. 00-6004, 30 Federal Appendix 417 (6th Cir. 2002).
[2002 LR Jun]
Female motorist arrested after vehicle accident
stated a claim for sexual harassment against officer who allegedly sat in the
back seat of the patrol car with her during the ride to the police station,
engaging in "inappropriate" touching and sexual propositions; no
reasonable officer could believe that the alleged conduct did not violate the
arrestee's rights under the Fourth Amendment. Fontana v. Haskin, #99-56629, 262
F.3d 871 (9th Cir. 2001). [2002 LR Apr]
337:7 Federal trial court rules that a California
sheriff is a county official rather than state official and therefore could be
sued in his official capacity for damages under 42 U.S.C. Sec. 1983 on claim
that he had a policy or custom which encouraged deputies to "violate the
civil rights of women"; lawsuit based on deputy's alleged rape of woman in
her home, where he came to investigate domestic violence complaint, could
proceed. Roe v. County of Lake, 107 F. Supp. 2d 1146 (N.D. Cal. 2000).
328:62 $625,000 settlement in lawsuit claiming
that Chicago police officer drove woman to his apartment after arresting her
and then raped her. Doe v. City of Chicago, Circuit Court, Cook County, Ill,
reported in The Chicago Tribune, Section 2, page 2 (Feb. 11, 2000).
333:141 U.S. Supreme Court strikes down federal
Violence Against Women Act (VAWA) as unconstitutional; some plaintiffs were
attempting to use statute to assert claims arising out of alleged sexual
assaults by law enforcement personnel. United States v. Morrison, #99-5, 120 S.
Ct. 1740 (2000).
328:62 Federal government was not liable for
officer's alleged rape of female motorist when officer's actions were outside
of the scope of his employment; federal appeals court rejects "apparent
authority" as a basis for liability under the Federal Tort Claims Act.
Primeaux v. U.S., No. 97-2691, 181 F.3d 876 (8th Cir. 1999).
319:109 Officer who allegedly raped female
motorist he followed home after stopping her for traffic offense liable for
$100,000 in damages; officer acted "under color of law," constituting
civil rights violation; city and police chief were not liable, absent any
showing of an official policy or custom. Rogers v. City of Little Rock,
#97-2286, 97-2556, 152 F.3d 790 (8th Cir. 1998).
306:95 Update: U.S. Supreme Court denies review
of federal appeals court's overturning of $452,000 award against town for
officer's alleged sexual molestation of woman he stopped for speeding. Sewell
v. Town of Lake Hamilton, 117 F.3d 488 (11th Cir. 1997), cert. denied, 118
S.Ct. 852 (1998).
306:94 Police officer who sexually abused
eleven-year-old school girl while off-duty did not act under color of state law
and there could be no federal civil rights liability for him or police chief,
despite fact that officer first met girl outside school where he provided
security and served as a "good-will" ambassador for the department.
Roe v. Humke, 128 F.3d 1213 (8th Cir. 1997).
305:78 Woman's allegation that officer followed
her home and came to her workplace, sexually fondling her and threatening to
give her a speeding ticket, stated federal civil rights claim. Haberthur v.
City of Raymore, Missouri, 119 F.3d 720 (8th Cir. 1997).
304:62 Federal appeals court overturns $452,000
award against town for officer's alleged sexual molestation of woman he stopped
for speeding and took to police station, threatening to "ruin her
life" with drug charge unless she undressed and lay naked on the floor;
alleged failure to train and supervise was not cause of incident, court rules,
since officer should have obviously known, without any training or supervision,
that this was wrong. Sewell v. Town of Lake Hamilton, 117 F.3d 488 (11th Cir.
1997).
302:24 Town not liable for police officer's
sexual molestation of 13-year-old girl at police station when it had no reason
to know that he would molest a child and no policy of deliberate indifference
to such conduct; officer's alleged prior adulterous conduct with a fellow
officer's girlfriend did not alter result; officer, convicted of child
molestation, liable for $600,000. West v. Waymire, 114 F.3d 646 (7th Cir.
1997).
293:74 Florida federal court declines to dismiss
lawsuit against sheriff for negligent retention and supervision of deputy who
allegedly threatened to take female motorist to jail unless she had sex with
him, and then sexually battered her; suit claimed that deputy made similar
propositions to other female motorists but that sheriff failed to investigate
Battista v. Cannon, 934 F.Supp. 400 (M.D. Fla 1996).
296:120 Update: Federal appeals court upholds $1
million award to woman raped by on-duty police officer, and trial court ruling
that there was no basis for liability by county; decision by police chief to
return same officer to duty, ten years previously, after earlier accusation of
rape, was insufficient basis to impose liability on county for later incident
Jones v. Wellham, 104 F.3d 620 (4th Cir. 1997).
296:126 Officer did not act "under color of
state law" or violate woman's constitutional rights by breaking into her
apartment and allegedly raping her; officer had earlier gained admission to
apartment under pretense of discussing police business, but had exited and woman
had closed door before he broke back in again Almand v. DeKalb County, 103 F.3d
1510 (11th Cir. 1997).
297:141 Deputy acted "under color of state
law" when he allegedly sexually assaulted female motorist after stopping
her for traffic violations; sheriff could be liable on basis of allegations of
inadequate training, retention, and supervision Johnson v. Cannon, 947 F.Supp.
1567 (M.D. Fla 1996).
283:110 Federal appeals court upholds $2 million
judgment against county sheriff for alleged rape of woman suspected of shooting
her husband following domestic dispute; county, however, was entitled to new
trial on claims against it, since trial judge deprived it of the right to a
jury trial by commencing bench trial within minutes of reinstating county as a
defendant in federal civil rights lawsuit Bennett v. Pippin, 75 F.3d 578 (5th
Cir. 1996).
268:62 City to pay $45 million to settle claim
based on officer's alleged sexual battery of 13-year-old girl while searching
her home for weapons; trial court award included $61 million in compensatory
damages, as well as $31 million in punitive damages against exofficer Doe v.
Tanabe, 28 (19). Bus Insurance 4, LA Co (Cal Super Ct 1994).
275:166 California appeals court rules that city
did not have a duty, under state law, to provide legal defense for officer
accused by informant of committing sexual battery on her at his residence while
on vacation; alleged sexual acts did not occur within the scope of officer's
employment San Diego Police Officers Ass'n v. City of San Diego, 29 Cal.App.4th
1736, 35 Cal.Rptr.2d 253 (1994).
Jury awards $785,000, including $450,000 in
punitive damages, to two men harassed (and one sexually molested). by officer
who stopped them for traffic violations Doe v. Village of Darien, U.S. Dist.
Ct. Wis, Chicago Daily Law Bulletin, p. 3 (July 25, 1994).
273:139 Claim that village knew that officer had
previously allegedly attempted to solicit sexual favors in exchange for
dropping traffic citations yet took no remedial action was sufficient to state
federal civil rights claim against village Carney v. White, 843 F.Supp. 462
(E.D. Wis 1994).
Rhode Island Supreme Court overturns $250,000
punitive damages award to woman sexually assaulted by police officer, but also
holds that trial judge erred in awarding only $1 in compensatory damages
because of lack of evidence of monetary loss or medical expenses Trainor v.
Town of North Kingstown, 625 A.2d 1349 (RI 1993).
City liable for $200,000 for officer's sexual
assault and false arrest of female auto passenger; city had knowledge of
officer's propensity for violence and failed to take preventative action
Parrish v. Luckie, 963 F.2d 201 (8th Cir. 1992).
California Supreme Court holds city liable for
$150,000 to woman who was raped by on-duty police officer who had detained her;
officer was acting within the scope of his employment at the time and city was
vicariously liable Mary M v. City of Los Angeles, 285 Cal.Rptr. 99, 814 P.2d
1341 (Cal 1991).
City was not liable for officer's rape of woman
during on duty hours; rape was not within scope of employment or foreseeable.
Mary Anna M. v. City of Los Angeles, 246 Cal.Rptr. 487 (Cal.App. 1988).
Man who filed 26 previous lawsuits allowed to
proceed with suit claiming he was given traffic citation when he refused
officer's demand that he suck his penis Young v. Kunde, 698 F.Supp. 163 (E.D.
Wis 1988).
City liable for officer's sexual assault of
arrestee because of custom of failing to investigate or act on complain of
police sexual misconduct Harris v. City of Pagedale, 821 F.2d 499 (8th Cir.
1987).
City not liable for on-duty officer's sexual
assault, despite prior incidents Wedgeworth v. Harris, 592 F.Supp. 155 (WD Wis
1984).