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Bostic v. Vasquez

United States District Court, N.D. Indiana, Hammond Division

April 12, 2018

LORENA E. BOSTIC, Plaintiff,
v.
SALVADOR VASQUEZ, CLARENCE D. MURRAY, DIANE ROSS BOSWELL, THOMAS P. STEFANIAK, JR., SAMUEL L. CAPPAS, JAN PARSONS, and MIROSLAV RADICESKI, Defendants.

          OPINION AND ORDER

          PAUL R. CHERRY JUDGE

         This matter is before the Court on the State Court Judges' Motion for Judgment on the Pleadings [DE 91], filed by Defendants Salvador Vasquez, Clarence D. Murray, Diane Ross Boswell, Thomas P. Stefaniak, Jr., and Samual L. Cappas (collectively “Superior Court Judge Defendants”) on January 22, 2018. Plaintiff Lorena E. Bostic filed a response on February 6, 2018, and Defendants filed a reply on February 13, 2018.

         PROCEDURAL BACKGROUND

         Plaintiff Lorena E. Bostic filed her Second Amended Complaint on December 15, 2017, alleging that she was sexually assaulted in the Lake County Government Center by Defendant Miroslav Radiceski while he was serving as her probation officer. Bostic seeks remedies for the alleged “deprivation of constitutionally protected rights by Defendants, individually, which result from the commission of multiple non-consensual sexual and non-sexual acts committed upon Plaintiff, Lorena Bostic.” (ECF 81, p. 1). Count I is brought against the Superior Court Judge Defendants under 42 U.S.C. § 1983 for the alleged violation of Ms. Bostic's rights under the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution. Id. at ¶ 45. The claim in Count II for willful and wanton misconduct is not brought against the Superior Court Judge Defendants.

         The Second Amended Complaint includes the following relevant “General Allegations”:

4. At all relevant times the individual Judges of the Superior Court of Lake County, Criminal Division, had a duty to the public at large, and more specifically to Lorena E. Bostic to, inter alia, monitor and provide adequate security for all public areas of the Lake County Government Center, 2293 North Main Street, Crown Point, Indiana 46307, including, but not limited to the public stairwells, through the Lake County, Indiana, Board of Commissioners as the executive officer of Lake County, Indiana.
5. At all relevant times the individual Judges of the Superior Court of Lake County, Criminal Division, acted with deliberate or reckless disregard for the Constitutional Rights of the Plaintiff and failed to monitor and provide adequate security for the public stairwells of the Lake County Government Center, Courts Building, despite their knowledge that Defendant Miroslav Radiceski, as a Probation Officer of the Superior Court of Lake County, Criminal Division, had previously sexually assaulted a felony division probationer in a public stairwell of the Lake County Government Center.
. . .
11. The Judges of the Superior Court of Lake County, Criminal Division, oversee, administer, supervise and direct the work force of the Probation Department of the Superior Court of Lake County, Criminal Division.
12. Probation Officers of the felony Probation Department in their position of authority and trust have wide latitude in setting the terms and conditions of probation and reporting compliance, all of which has a direct effect upon the liberty of probationers.
. . .
14. At all relevant times Defendant Miroslav Radiceski was duly employed as a felony Probation Officer by the Superior Court of Lake County, Criminal Division.
15. Defendant individual Judges of the Superior Court of Lake County, Criminal Division; the Director of the felony Probation Department of the Superior Court of Lake County, Criminal Division; and Miroslav Radiceski, felony Probation Officer had a duty not to interfere with or deprive the Plaintiff of her Constitutional Rights.
16. At all times relevant to this SECOND AMENDED COMPLAINT, Defendant Judges of the Superior Court of Lake County, Criminal Division, and Jan Parsons, Director and Chief Probation Officer of the felony Probation Department, were aware of problems and investigations and past incidents involving misconduct by Miroslav Radiceski in his relations with and supervision of probationers that deprived them of their constitutionally protected rights.
17. Defendant Judges of the Superior Court of Lake County, Criminal Division, and Jan Parsons, Director and Chief Probation Officer of the felony Probation Department, notwithstanding their knowledge of misconduct by Miroslav Radiceski which had occurred in the past acted with deliberate or reckless disregard to the Constitutional Rights of the Plaintiff and consented to such deprivation of rights.

(ECF 81) (emphasis added).

         In relevant part, ...


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