943 F. Supp. 2d 870
N.D. Ill.2013Background
- Plaintiff interned with Village of Forest Park Police Department starting February 2011 under Lt. Weiler.
- Lee, a tactical detective, recruited participants for the department’s liquor enforcement program.
- Plaintiff agreed to participate in alcohol stings in exchange for a reduction in parking tickets.
- On March 30, 2011, plaintiff alleges Lee intoxicated her and had nonconsensual sex; Village disputes this as consensual.
- Plaintiff reported the assault on April 8, 2011 and sued the Village, pursuing §1983, Title VII, IGVA, and state-law claims.
- Village moved for summary judgment; the court granted it on §1983 and IGVA counts and denied on Title VII harassment and related issues, with some claims remaining for trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Village is liable under §1983 for alleged sexual misconduct. | Plaintiff asserts a Monell policy of tolerance/ignorance. | Village did not have a policy; training and supervisory actions negate a policy. | No, no triable policy evidence; judgment for Village on §1983. |
| Whether Title VII harassment liability attaches if plaintiff was an unpaid intern/participant. | Plaintiff may be an employee through the stings program. | Internship lacked compensation and official employment status. | Triable issue whether the stings rendered Title VII employee status; Count IV survives. |
| Whether IGVA applies to municipalities. | IGVA covers broad gender-related violence. | IGVA applies to natural persons, not municipalities. | IGVA does not apply to the Village; Count V dismissed. |
| Whether Village can be liable for Lee’s assault under respondeat superior or indemnification. | Lee’s conduct within Village program scope supports liability. | Scope of employment unresolved; IWCA immunity not raised; indemnity issues factual. | Scope of employment to be resolved at trial; leave for trial on Counts VI–VIII. |
| Are IWCA immunity and related defenses applicable to the plaintiff’s tort claims? | Not resolved in this order; immunity not pleaded, but addressed as to proceeding. |
Key Cases Cited
- Monell v. Dept. of Soc. Servs. of City of N.Y., 436 U.S. 658 (U.S. 1978) (establishes municipal liability requires policy or widespread practice)
- Mazzei v. Rock N Around Trucking, Inc., 246 F.3d 956 (7th Cir. 2001) (employer control as key factor in employee status (title VII))
- Darden v. Nationwide Mut. Ins. Co., 503 U.S. 318 (U.S. 1992) (agency factors to determine employee status)
- Haavistola v. Cmty. Fire Co. of Rising Sun, Inc., 6 F.3d 211 (4th Cir. 1993) (compensation relevance in employee/volunteer distinction)
- Oberweis Dairy, 456 F.3d 704 (7th Cir. 2006) (workplace harassment sufficiency under Title VII)
- Vance v. Ball State Univ., 646 F.3d 461 (7th Cir. 2011) (supervisor vs coworker liability under Title VII)
- Doe v. City of Chi., 360 F.3d 667 (7th Cir. 2004) (workplace harassment proximity and supervisor connection)