Snyder v. Smith, 7 F. Supp. 3d 842

Snyder, a Frankfort, Indiana resident, sues after a sexual assault at Bolen’s Frankfort home and a reportedly inadequate police response.
Plaintiff alleges perpetrators attacked her while in a home party setting; some assailants linked to a person with ties to the police investigation.
Police detectives Hession and Albaugh allegedly mishandled the investigation, with conflicts of interest tied to suspects; Mayor McBarnnes and Chief Bacon failed to adequately address concerns.
Rape kit handling, missing warrants, and failure to gather or forward evidence are alleged to have undermined the investigation and potential prosecutions.
Plaintiff also claims a broader pattern of mistreatment and “blame the victim” attitudes by Frankfort officials, affecting her safety and well-being.
Third Amended Complaint was filed August 8, 2013; three sets of defendants moved to dismiss under Rule 12(b)(1) and 12(b)(6).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing to sue in federal court	Snyder has a concrete injury from the alleged inaction.	Standing limited to injuries directly caused by challenged action.	Plaintiff lacks standing to challenge inaction absent direct injury beyond prosecution of suspects.
1983 claims against private suspects	Counts I and II against private defendants allege color-of-law violations.	Private individuals cannot act under color of law.	Counts I and II dismissed as to private suspects; remaining §1983 claims against Frankfort defendants proceed.
Equal protection class-of-one against officials	Alleges intentional, irrational differential treatment based on personal motives.	Discretion in law enforcement allows some arbitrary action; need for rationale.	.class-of-one equal protection claim viable against Hession, Albaugh, and Bacon; others dismissed.
Monell municipal liability	City policy or custom caused constitutional deprivation.	No explicit policy or final policymaker action shown.	Monell claim fails against City of Frankfort; PD as entity dismissed; only individual claims remain viable.
Conspiracy and §1986/§1985 claims	Defendants conspired to cover up and obstruct investigation.	§1985(3) requires class-based animus; claims too conclusory.	Conspiracy under §1985(3) and §1986 claims dismissed (with prejudice) except to the extent overlapping the §1983 claim.

DeShaney v. Winnebago Cnty. DSS, 489 U.S. 189 (1989) (no duty to protect from private actors absent state-created danger)
Twombly v. Bell Atlantic Corp., 550 U.S. 544 (S. Ct. 2007) (pleading must be plausible, not merely possible; fair notice)
Iqbal v. United States, 556 U.S. 662 (S. Ct. 2009) (pleadings must state a plausible claim showing entitlement to relief)
Monell v. Dept. of Social Servs., 436 U.S. 658 (1978) (municipal liability requires policy or custom; not vicarious liability)
Hanes v. Zurich American Ins. Co., 578 F.3d 491 (7th Cir. 2009) (right to police protection free from personal animus clearly established)
Hilton v. City of Wheeling, 209 F.3d 1005 (7th Cir. 2000) (prima facie class-of-one requires personal, unrelated motive)
Del Marcelle v. Brown Cnty. Corp., 680 F.3d 887 (7th Cir. 2012) (en banc; difficulty defining class-of-one standard in policing)
Jones v. City of Chicago, 856 F.2d 985 (7th Cir. 1988) (supervisory liability requires knowledge and facilitation or deliberate indifference)
Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing requires injury, causation, redressability)
Bar the City of Frankfort v. Monell decisions referenced, 436 U.S. 658 (1978) (monell framework for municipal §1983 liability)