Dist. Ct. did not err in granting defendant-County’s motion for summary judgment in plaintiff’s section 1983 action alleging that: (1) one of defendant’s employee’s violated her 4th and 8th Amendment rights, where said employee allegedly sexually assaulted her while she performed cleaning services at County park while satisfying mandated community service; and (2) defendant had custom or policy that violated said rights. Indiana law does not impose vicarious liability on defendant for employee’s sexual misconduct, since: (1) nothing in employee’s job involved physical contact with visitors or other staff members; and (2) employee’s touching of others intimately was not authorized by defendant nor was it incidental to employee’s duties. Moreover, defendant did not owe plaintiff any non-delegable duty of protection, and plaintiff failed to show that defendant had custom or practice of failing to prevent or respond to employee’s sexual misconduct, where: (1) plaintiff failed to present evidence of similar occurrence of coerced sexual activity or attack on members of public by one of defendant's employees; and (2) handful of incidents of sexual misconduct by defendants employees over 20-year period that were also addressed by defendant did not suggest any indifference on part of defendant.
Federal 7th Circuit Court
Civil Court
Section 1983 Action