Indiana Supreme Court: Sexual Assault by Police Officer May be Within Scope of Employment Thereby Exposing Department to Liability
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.
Does § 1981 Provide a Private Right of Action Against State Actors? On First Impression, 7th Cir. Says No
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.
This week we examine the hugely important 7th Circuit case Engel v. Buchan that found that the violations of the Brady v. Maryland right requiring a prosecutor to disclose potentially exculpatory evidence to a criminal defendant are subject to damage awards arising from Bivens civil rights actions.