Respondeat Superior Claim – Negligence Claim

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7^th Circuit Court of Appeals

Case Name: Rebecca Zander v. Samuel Orlich, Jr., et al.

Case No.: 17-2792

Officials: BAUER, HAMILTON, and SCUDDER, Circuit Judges.

Focus: Respondeat Superior Claim – Negligence Claim

Rebecca Zander filed negligence claims against John Buncich, in his official capacity as Sheriff of Lake County, Indiana, as well as intentional tort and civil rights claims against deputy sheriff Samuel Orlich, Jr. The District Court had jurisdiction over Zander’s action for damages for Orlich’s violation of the Fourteenth Amendment to the United States Constitution pursuant to 42 U.S.C. § 1983, and supplemental jurisdiction over her related state claims against Orlich and Buncich pursuant to 28 U.S.C. § 1367.

Zander sued Buncich seeking to hold him vicariously liable for an assault by Orlich. The district court granted Buncich summary judgment on Zander’s respondeat superior claim, holding that Orlich was not acting within the scope of his official duties. The court granted summary judgment to Buncich on Zander’s negligent hiring, training, and retention claim, because Zander presented no evidence that Buncich knew of the necessity of exerting control over Orlich to prevent his sexual misconduct. Zander appeals the order granting summary judgment for Buncich. After summary judgment was granted for Buncich, Zander’s claims against Orlich were tried to a jury. Zander prevailed, and the jury awarded her $100,000 in compensatory damages, $275,000 in punitive damages, and attorneys fees and costs totaling $97,267.80.

For the reasons that follow, we reverse the summary judgment for Buncich as to Zander’s respondeat superior claim, and affirm as to the negligent hiring claim.

Affirmed in part. Reversed in part.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.