23-CV-1241 SO v. Milwaukee County Sheriff's Department et al
Decision and Order
The plaintiff alleged that she was sexually harassed and assaulted multiple times by a corrections officer while she was a detainee at the Milwaukee County Jail. She alleged claims against the corrections officer, his supervisor, and Milwaukee County under 42 U.S.C. sec. 1983 and state law. The County’s insurer intervened to contest coverage and filed a motion for summary judgment to establish the lack of a duty to defend or indemnify the corrections officer. The court granted the motion, finding that the alleged acts of harassment and assault were not within the scope of employment, and therefore the corrections officer was not an “insured.” In a separate motion for summary judgment, the County and the supervisor argued that they could not be liable under sec. 1983 for the corrections officer’s misconduct. The court determined that plaintiff had failed to show a genuine factual dispute as to whether her injuries were caused by a widespread practice or a failure to train, as would be required to establish the County’s liability under Monell v. Department of Social Services. The court also found that the supervisor was not personally involved in the alleged harassment and assaults and therefore was not liable under sec. 1983.