Doe v. City of Marianna, AR, No. 12-2052 (8th Cir. 2013)
Annotate this CasePlaintiff sued the City under 42 U.S.C. 1983 after she was sexually assaulted by a City policy officer. The officer was charged with first degree sexual assault and subsequently terminated from the police force. On appeal, plaintiff challenged the district court's grant of summary judgment to the City. The court concluded that a jury could reasonably infer, based on the evidence, that the City's custom of ignoring violent misconduct and failing to supervise or discipline officers was a moving force behind the officer's assault on plaintiff. Accordingly, the court vacated the district court's grant of summary judgment and remanded for further proceedings.
Court Description: Civil case - Civil rights. The district court erred in granting the City's motion for summary judgment as a jury could reasonably infer based on plaintiff's evidence that the City's custom of ignoring violent misconduct and failing to supervise or discipline officers was a moving force behind a police officer's sexual assault on the minor plaintiff.
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