863 F.3d 589
7th Cir.2017Background
- Jennifer Wilson-Trattner dated Hancock County deputy Scott Roeger; relationship became violent with multiple incidents from 2012–2013 (lockout, choking/head injury, threatening/sexual texts, drunken break-in). Roeger later pled guilty and resigned after arrest for the October 2013 incident.
- Wilson-Trattner reported several incidents to Hancock County Sheriff’s Department and McCordsville PD; officers sometimes discouraged her, warned she could be arrested based on Roeger’s statements, and at times told her to seek a protective order.
- Internal memoranda and investigative reports were prepared by deputies (Rasche, Bradbury, Munden, Campbell), but some paperwork was misplaced or not delivered to Sheriff Shepherd; no disciplinary action was taken against Roeger before his eventual arrest.
- Wilson-Trattner sued Roeger and several Hancock County officers under 42 U.S.C. § 1983 (substantive due process and failure-to-train) and under Indiana law (intentional infliction of emotional distress), among other claims.
- The district court granted summary judgment for defendants on the § 1983 substantive due process claim, the § 1983 failure-to-train claim against the Sheriff in his official capacity, and the state-law IIED claim; only battery and IIED against Roeger remained. The Seventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers’ responses created a state-created danger under substantive due process | Wilson-Trattner: officers’ dismissive/indifferent responses and a specific June 29, 2012 encounter effectively signaled Roeger he could continue abusing her, thereby creating/increasing danger | Defendants: police did not affirmatively place plaintiff in harm’s way; at most they were negligent or indifferent and nonetheless took some actions (interviews, warnings, internal inquiries) | Court: summary judgment for defendants — no evidence officers affirmatively created/increased danger; DeShaney/Castle Rock bar this theory here |
| Whether failure-to-train claim can proceed against the Sheriff in official capacity | Wilson-Trattner: County training was inadequate (one-page pre-basic schedule) causing constitutional violation | Defendants: no underlying constitutional violation shown; plaintiff points to no substantive evidence of systemic training deficiency | Court: claim fails — no underlying constitutional violation and no proof of inadequate training |
| Whether defendants are entitled to qualified immunity (individual-capacity § 1983 defendants) | Wilson-Trattner: defendants’ conduct violated clearly established rights | Defendants: their actions were not clearly unconstitutional under controlling precedent | Court: even if a constitutional violation existed, qualified immunity would apply because DeShaney/Castle Rock make the law not clearly established |
| Whether officers’ conduct supports Indiana IIED claim against Sheriff in official capacity | Wilson-Trattner: officers’ dismissive remarks, threats of arrest, failure to act, and misfiling of reports were extreme and outrageous causing severe emotional distress | Defendants: conduct was at most inadequate, discourteous, or negligent — not extreme/outrageous | Court: summary judgment for Sheriff — plaintiff failed to show extreme and outrageous conduct required for IIED |
Key Cases Cited
- DeShaney v. Winnebago Cty. Dep’t of Soc. Servs., 489 U.S. 189 (1989) (state’s failure to protect from private violence generally does not violate substantive due process)
- Town of Castle Rock v. Gonzales, 545 U.S. 748 (2005) (no due process right to have police enforce another’s restraining order)
- Doe v. Vill. of Arlington Heights, 782 F.3d 911 (7th Cir. 2015) (state-created danger requires affirmative acts that create or increase risk)
- D.S. v. E. Porter Cty. Sch. Corp., 799 F.3d 793 (7th Cir. 2015) (elements of state-created danger: creation/increase of danger, proximate cause, shocking the conscience)
- Okin v. Vill. of Cornwall-On-Hudson Police Dep’t, 577 F.3d 415 (2d Cir. 2009) (police solidarity with perpetrator can support state-created danger in extreme domestic-violence facts)
- Collins v. Al-Shami, 851 F.3d 727 (7th Cir. 2017) (standard of review for summary judgment)