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Seventh Circuit Recognizes Reckless Driving by Police Can Violate Fourteenth Amendment and Reinstates Failure-to-Train Monell Claim

Colin E. Flora | May 21st, 2021
Today’s discussion covers a great many recent decisions but focuses primarily on the Seventh Circuit’s important decision in Flores v. City of South Bend that helped refine Section 1983 Monell liability under the failure-to-train theory and reminded that reckless conduct may be sufficiently egregious for a jury to find conduct constituted actionable deliberate indifference.
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Indiana Supreme Court: Sexual Assault by Police Officer May be Within Scope of Employment Thereby Exposing Department to Liability

Colin E. Flora | Sep 14th, 2018

In this post, we revisit our discussion from December 1, 2017 of Cox v. Evansville Police Department after the Indiana Supreme Court granted transfer and held that the common-carrier exception does not apply to sexual assaults by on-duty police officers but that such attacks may be sufficiently within the scope of employment that the general doctrine of respondeat superior provides liability for police departments.

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Does § 1981 Provide a Private Right of Action Against State Actors? On First Impression, 7th Cir. Says No

WP Admin | May 17th, 2014

This week’s discussion looks to a case of first impression in the Seventh Circuit: Campbell v. Forest Pres. Dist. of Cook Cnty., Ill. The issue was whether the Civil Rights Act of 1991 amended 42 U.S.C. § 1981 to permit a private right of action against state actors, thereby permitting a four-year statute of limitations, or whether, as set forth in Jett v. Dallas Indep. Sch. Dist., § 1981 claims against state actors must arise under § 1983, thereby limited to the forum state’s limitation for personal injury claims.

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