Prisoner – Deliberate Indifference

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WI Court of Appeals – District III

Case Name: Rachel Slabey v. Dunn County, Wisconsin, et al.,

Case No.: 2020AP877

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Prisoner – Deliberate Indifference

Rachel Slabey appeals a grant of summary judgment in favor of Dunn County (“the County”), Dennis Smith, Brenda LaForte, Marshall Multhauf, and Paul Gunness (collectively, the “Individual Defendants,” and together with the County, the “County Defendants”), dismissing her claims under 42 U.S.C. § 1983 (2018). Slabey was sexually assaulted by correctional officer Ryan Boigenzahn while she was incarcerated in the Dunn County Jail. The circuit court dismissed Slabey’s complaint after determining there was no evidence upon which a reasonable fact finder could rely to conclude the County Defendants were deliberately indifferent to a substantial risk that Boigenzahn would sexually assault an inmate.

Slabey challenges that determination on appeal, asserting it was sufficient that the County had notice of prior disciplinary conduct involving Boigenzahn and, therefore, the County must have known that its policies forbidding fraternization and sexual contact with inmates were insufficient to protect inmates. We disagree, as the prior conduct (for which Boigenzahn was temporarily suspended) was not of a sexual nature. We also reject Slabey’s arguments that the circuit court erred by dismissing her claims against Dunn County Sheriff Dennis Smith in his personal capacity. Accordingly, we affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.