Jennifer Cox v. Evansville Police Department and The City of Evansville Babi Beyer v. The City of Fort Wayne
107 N.E.3d 453
Ind.2018Background
- Two separate incidents: on-duty Evansville Officer Martin Montgomery sexually assaulted Jennifer Cox after escorting her home; Fort Wayne Officer Mark Rogers sexually assaulted Babi Beyer after taking her into custody for suspected DUI and transporting her to lock-up and a hospital.
- Both officers were in uniform, exercising official control (handcuffs, transport, custody) when assaults occurred; each later convicted of felony sexual offenses.
- Cox and Beyer sued their respective cities asserting respondeat superior and the common-carrier exception (and related negligent-supervision claims); trial courts granted summary judgment to the cities on the common-carrier theory but denied it on respondeat superior for Fort Wayne.
- The Court of Appeals reversed the grants on common-carrier; the Indiana Supreme Court granted transfer, vacated that opinion, and consolidated review.
- The Supreme Court considered (1) whether an on-duty officer’s sexual assault can fall within the scope of employment (respondeat superior) and (2) whether police–citizen interactions fit Indiana’s common-carrier exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer’s on-duty sexual assault is within scope of employment (respondeat superior) | Assault arose from employment context because officer abused employer-conferred authority and physical control | Assault was unauthorized and purely personal, so outside scope as a matter of law | Denied summary judgment to Fort Wayne; jury question whether abuse of official authority arose naturally or predictably from employment |
| Whether common-carrier exception applies to on-duty police–citizen interactions | Cities assumed nondelegable heightened duty when citizens were placed under officer control | Common-carrier exception is narrow, requires a contract-of-passage; no such contract existed here | Common-carrier exception does not apply; summary judgment for cities on that theory affirmed |
Key Cases Cited
- Barnett v. Clark, 889 N.E.2d 281 (Ind. 2008) (explains Indiana scope-of-employment principle)
- Stropes ex rel. Taylor v. Heritage House Childrens Ctr. of Shelbyville, Inc., 547 N.E.2d 244 (Ind. 1989) (discusses common-carrier exception and nondelegable duties)
- City of Chicago v. Doe, 360 F.3d 667 (7th Cir. 2004) (recognizes that police authority expands the scope of potential employer liability)
- Red Elk ex rel. Red Elk v. United States, 62 F.3d 1102 (8th Cir. 1995) (holds on-duty police rape within scope of employment under analogous law)
- Mary M. v. City of Los Angeles, 814 P.2d 1341 (Cal. 1991) (in bank) (identifies risk that police authority creates foreseeable abuse leading to employer liability)