Wilson-Trattner v. Campbell, No. 16-2509 (7th Cir. 2017)
Annotate this CaseWilson-Trattner dated Roeger, a Hancock County Sheriff’s Department deputy. The relationship became combative. On one occasion Roeger threw Wilson-Trattner against a wall and choked her; other incidents involved lewd and threatening text messages, statements that Wilson-Trattner had “fucked with the wrong person,” Roeger locking Wilson-Trattner out of her home, and Roeger punching a hole in her door. The Sheriff’s Office responses included statements that “we’re sick of getting these calls.” The McCordsville Department eventually arrested Roeger. He pled guilty and resigned from the Sheriff’s Department. Wilson-Trattner filed suit. The district court granted judgment for the defense on Wilson-Trattner’s 42 U.S.C. 1983 substantive due process claim (against individual officers and Roeger in their individual and official capacities), her failure to train claim (against Sheriff Shepherd in his official capacity) and intentional infliction of emotional distress claim (against Shepherd in his official capacity). It declined to grant judgment on battery and intentional infliction of emotional distress claims against Roeger. The Sixth Circuit affirmed. Roeger was not serving as a state actor in his interactions with Wilson-Trattner. None of the defendants’ conduct was sufficiently outrageous to give rise to a cognizable claim; there was no evidence that they created or increased a danger to Wilson-Trattner. Mere indifference or inaction in the face of private violence cannot support a substantive due process claim.
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