Sufficiency of Evidence

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7^th Circuit Court of Appeals

Case Name: J.K.J., et al. v. Polk County, et al.

Case No.: 18-1498; 18-1499; 18-2170; 18-2177

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

Focus: Sufficiency of Evidence

Darryl Christensen, a Polk County, Wisconsin Jail corrections officer, sexually assaulted plaintiffs J.K.J. and M.J.J. over three years during their incarcerations. Plaintiffs sued Christensen and the county under 42 U.S.C. § 1983, alleging Eighth and Fourteenth Amendment claims, in addition to a state law negligence claim against the county. After trial, the jury found Christensen and the county liable for J.K.J. and M.J.J.’s injuries and awarded each $2 million in compensatory damages. The jury also levied punitive damages against Christensen, awarding $3,750,000 to each plaintiff. Both defendants moved for new trials, and the county also moved for judgment as a matter of law. The district court denied those requests and defendants now appeal the judgments entered against them. The sum of these allegations, plaintiffs argued, prove the county was deliberately indifferent to a known risk of sexual assault by jail staff. The county disagreed, arguing that the trial evidence did not support the jury’s liability finding and damages awards.

We see no reason to disturb the jury’s verdict against Christensen and so affirm the denial of his request for a new trial. His assaults were predatory and knowingly criminal. But to impose liability against the county for Christensen’s crimes, there must be evidence of an offending county policy, culpability, and causation. These are demanding standards. Christensen’s acts were reprehensible, but the evidence shows no connection between the assaults and any county policy. We therefore reverse and remand for entry of judgment in favor of the county.

Reversed and remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.