September 14, 2018
from the United States District Court for the Northern
District of Indiana, Hammond Division. No. 2:14-cv-00400-PRC
- Paul R. Cherry, Magistrate Judge.
BAUER, HAMILTON, and SCUDDER, Circuit Judges.
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.
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.
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.
September 19, 2013, Orlich was working as a deputy for the
Lake County, Indiana, Sheriff's Department (LCSD). He was
wearing his LCSD uniform, and armed with a Glock .40 caliber
gun. That same day, Zander's husband called county
dispatch to report a domestic disturbance at his residence on
Georgia Street. Orlich responded to the call.
arriving at the scene, Orlich ordered Zander to leave the
Georgia Street home and go to her other house on White Oak
Avenue. Zander told Orlich that she could not go to the White
Oak Avenue house because the furnace and electric panel had
Michael Miller was also at the scene as Orlich's
supervising officer. Officer Miller gave Orlich permission to
take Zander to the White Oak Avenue house. Miller and Orlich
dispute whether Miller gave Orlich permission to enter the
White Oak Avenue house to make repairs.
arriving at the White Oak Avenue house, Orlich and Zander
went to the basement, and Orlich turned on the electricity
and water heater. Orlich was unable to fix the furnace.
Before leaving, Orlich told Zander that she could not return
to the Georgia Street address for several hours. Orlich left,
and Zander closed the house door.
ten or fifteen minutes after Orlich left the house, Zander
exited the bathroom and found Orlich standing there naked. He
attacked Zander sexually, committing unspeakable acts, the
details of which are unnecessary to repeat in the record
Orlich got up to put his clothes back on, Zander crawled to
the bathroom and locked the door. Orlich banged loudly on the
bathroom door and said that he could make Zander's life
very difficult if she said anything about what had happened.
Orlich also told Zander that she could not stay in the White
Oak Avenue ...