J.K.J. v. Polk County

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Citation
Case Number: 
Nos. 18-1498 et al. Cons.
Decision Date: 
May 15, 2020
Federal District: 
W.D. Wisc.
Holding: 
Affirmed

Record contained sufficient evidence to support jury's verdict against defendant-County in section 1983 action, alleging that County was deliberately indifferent to serious risk of harm to plaintiffs-female inmates' safety, when defendant-prison guard subjected them to repeated sexual assaults over three-year period. Record showed that towards beginning of guard's assaults on plaintiffs, complaints surfaced regarding another guard's inappropriate relationship with another inmate, and said guard received only token discipline. Moreover, County is not automatically liable for actions of instant defendant-guard, and County's liability under Monell can only be established when plaintiffs make threshold showing that County's policy caused their injuries. In this respect, plaintiffs satisfied their burden under Monell, where record showed that, although there was written policy prohibiting sexual conduct between inmates and guards, policy failed to address prevention and detection/reporting of said misconduct, and County otherwise failed to provide any meaningful training of guards on said topic. Also, plaintiffs could establish liability under Monell on single violation of plaintiffs' federal rights, as opposed to proof of pattern of said violations. Ct. rejected County's claim that guard's misconduct was unpreventable and/or undetectable so as to preclude any Monell liability. (Dissents filed.)