Plaintiff filed a lawsuit seeking damages under 42 U.S.C. § 1983 against a corrections officer as well as the warden, deputy warden, and captain of the guards of a correctional facility where plaintiff was an inmate arising out of conduct that led to the correctional officer being convicted of sexual assault. The district court granted summary judgment for all of the other defendants, finding that none of them knew or had reason to suspect that the guard posed a danger to prisoners. The district court then entered a default judgment against the defendant and awarded monetary damages to plaintiff but disregarded evidence regarding lost future income for a failure to comply with evidentiary rules. Plaintiff then appealed and argued that the district court erred by not finding that the guard committed his wrongs in the course of his employment. The Seventh Circuit affirmed, explaining that this issue was not before the court where the complaint did not name the guard’s employer as a party. The Seventh Circuit also denied a request by plaintiff’s counsel for the appellate court to remove unflattering language from the district court’s opinions as being beyond the appellate court’s authority. (BRENNAN and PRYOR, concurring)
Federal 7th Circuit Court
Civil Court
Civil Procedure