Record contained sufficient evidence to support jury’s verdict in favor of plaintiffs-two inmates in defendant-county’s jail, in section 1983 action alleging that defendant-guard sexually assaulted plaintiffs over three-year period during their incarceration, where record showed that guard’s assaults were predatory and criminal, so as to support jury’s $2-million compensatory award to each plaintiff, as well as its $3.75 million punitive damages award to each plaintiff. Dist. Ct. erred, though, in denying county’s motion for judgment as matter of law, where record failed to contain necessary link between guard’s assaults and county's policies. Ct. also rejected plaintiffs’ claims that: (1) defendant’s policies did not provide adequate measures to prevent sexual assaults by its guards; (2) county was deliberately indifferent to obvious need to update its sexual assault policies, even though jail had no prior history of sexual assaults; (3) county promoted toxic culture within jail; and (4) county failed to properly train its guards to avoid sexual assaults. Plaintiff further failed to show that guard was highly likely to sexually assault plaintiffs. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
Section 1983 Action