Doe v. Vill. of Arlington Heights, No. 14-1461 (7th Cir. 2015)
Annotate this CaseDoe, a minor female, was drinking in a group at an apartment complex in Arlington Heights and Mount Prospect. A site manager called 911. Three males began moving Doe to a secluded area. She was so intoxicated that they had to hold her up. Arlington Heights Officer Del Boccio arrived, talked to the males, allowed them to leave with Doe without asking for identification, and left the scene. One of the three, Balodimas, was on probation for armed robbery; Doe and the other males were minors. Del Boccio reported that the subjects were gone on arrival. The three males then carried Doe into a laundry room. When the site manager observed this, he again called 911. Mount Prospect police responded and caught Balodimas sexually assaulting Doe. Doe sued Del Boccio and Arlington Heights, alleging claims under 42 U.S.C. 1983 and state claims. The district court dismissed and denied Doe’s motion to amend her complaint to allege that Del Boccio was a racist who wanted harm to come to her because she was a white girl socializing with African-Americans. Doe referred to an incident when Del Boccio, operating an unmarked police car, ran over and killed an eight-year-old African-American boy and lied to cover it up. The Seventh Circuit affirmed. Del Boccio did not create the danger, nor did he do anything to make the danger to Doe worse.
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