or that Fieroh's involvement in the investigation amounted to such a violation.
In assisting Martinez in the arrest, Fieroh was entitled to rely on the facial validity of the arrest warrant issued by Judge Zagone. Juriss, 957 F.2d at 350; see also Lowrance, 878 F.2d at 1017. Plaintiffs have pointed to no evidence that Fieroh was placed on notice of any defect in the arrest warrant issued by Judge Zagone. Juriss, 957 F.2d at 350. A reasonable officer in Fieroh's position could believe there was probable cause to arrest John Fittanto. Fieroh is therefore entitled to qualified immunity for his participation in the arrest of John Fittanto.
Plaintiffs have further failed to cite any analogous cases establishing a specific right to be free from the involvement Fieroh is alleged to have had in the investigation. Plaintiffs have established no evidence that would allow a reasonable jury to conclude that he either recklessly disregarded the truth in this case or was deliberately indifferent to any of plaintiffs' rights. Therefore, summary judgment will be granted in favor of Fieroh.
VILLAGE OF HANOVER PARK'S MOTION
Count Three of the complaint alleges that the Village referred the responsibility for investigation of child sexual abuse to the Center. Plaintiffs argue the referral of such investigative responsibilities makes the failure of the Village to adequately train the Center staff regarding such investigations equivalent to a deliberate disregard for plaintiffs' constitutional rights.
The complaint similarly alleges a policy or custom on the part of the Village to refer authority to make probable cause determinations in child sexual abuse cases to the Center staff, and to refer authority to investigate such cases to the Center staff, and a policy of failing to provide for the supervision, review or independent evaluation of investigations performed by the Center staff, and a custom whereby Village police officers fail to take steps to independently verify allegations of child sexual abuse or to intervene in instances of "coaching" by Center staff.
The Village seeks summary judgment on the grounds that it did not have a policy of referring authority over the investigation of child abuse cases to the Center, that it adequately trained its officers, and that there was probable cause for John Fittanto's arrest. Plaintiffs attempt to show a genuine issue of material fact with respect to the policies of the Village, including referral of investigatory powers, by restating the events of this case. Although plaintiffs have introduced evidence that the skill of the interviewer at the Center would play an important role in the investigatory process, plaintiffs have presented no evidence that on any other occasion the Center staff took over the investigatory function from local police. See Monell, 436 U.S. at 824; Graham, 915 F.2d at 1100. Furthermore, none of the Village officers involved in this case are policymaking officials whose actions themselves could be said to constitute municipal policy. City of St. Louis v. Praprotnik, 485 U.S. 112, 99 L. Ed. 2d 107, 108 S. Ct. 915 (1988).
The Village has introduced uncontroverted evidence that the Village has a policy of maintaining responsibility for the investigation of child sexual abuse cases and of using the Center for organizing and performing interviews of the children. The Center has no authority to direct the Village or the State's Attorney conducting such investigations and it was Lester who determined, with or without the insistence of Klein, to approve charges. Plaintiffs fail to contradict such evidence with any evidence of any other instances that could be considered a practice on the part of the Village. Monell, 436 U.S. at 824. No genuine issue of fact exists with respect to the lack of any alleged policy or custom on the part of the Village. Therefore summary judgment is appropriate in favor of the Village with respect to all but plaintiffs' claim for failure to train the police and is also appropriate in favor of Martinez on plaintiffs' claims against him in his official capacity, see Kentucky v. Graham, 473 U.S. 159, 166, 87 L. Ed. 2d 114, 105 S. Ct. 3099 (1985) (although individual capacity claims under § 1983 only require a violation under color of state law, official capacity claims require a showing that the deprivation was the result of some policy or custom).
Plaintiffs allege that the Village failed to adequately train the police with respect to the investigation of child sexual abuse. A "failure to train" claim may be maintained on the basis that "the need for more or different training [is] so obvious, and the inadequacy so likely to result in the violation of constitutional rights, that the policymakers of the [municipality] can reasonably be said to have been deliberately indifferent to the need." Graham, 915 F.2d at 1101; Harris, 489 U.S. at 388. As evidence of a failure to train, plaintiffs point to the following: Chief Sauer of the Village police was unable to establish whether there was any training his department received on the topic of child sexual abuse in 1989. Also, Martinez admitted that he has had no formal training in the investigation of child sexual abuse. Plaintiffs argue that, when combined with the Village's failure to look into the qualifications of the CAC staff, a jury could reasonably conclude that the Village recklessly disregarded the rights of those persons exposed to potential criminal charges as a result of this investigatory process. However, plaintiffs have failed to establish a policy of referring authority over the investigatory process to the Center staff.
Although plaintiffs have presented evidence that Village police are not specifically given training in the investigation of child sexual abuse, such a showing is not sufficient to withstand a motion for summary judgment on their failure to train claim. The standard of deliberate indifference is not satisfied by a showing of recklessness or even gross negligence in failing to train the officers. Smith v. City of Joliet, 965 F.2d 235, 237 (7th Cir. 1992); see also Cornfield, 991 F.2d at 1327 (a municipal omission requires a high degree of culpability -- a showing of actual or constructive notice of the likelihood of a constitutional violation or a pattern of acquiescence or knowledge of a problem). Plaintiffs must establish evidence from which a reasonable jury could find that the Village deliberately or consciously disregarded plaintiffs' constitutional or statutory rights in failing to specifically train its officers in the investigation of child sexual abuse. See id. The Village has presented uncontroverted evidence that it has a policy of using the Center in child sexual abuse cases in an effort to establish a warm, nontraumatic environment for the interview of children in a location neutral to all agencies involved. Other than pointing to a lack of any specialized officer training in the investigation of child sexual abuse, plaintiffs establish no other instances that would put the Village on notice that officers had allowed the Center to take complete control of a child sexual abuse case. Neither do plaintiffs establish any expert evidence of the need for specialized training in investigation of child sexual abuse. Absent any evidence that the Village should have been on notice of the need for specialized training, a reasonable jury could not conclude that the need was so obvious and the inadequacy so likely to result in constitutional violation that the Village could be said to have been consciously indifferent. Therefore, summary judgment will be granted in favor of the Village on plaintiffs' failure to train claim.
STATE CLAIM FOR MALICIOUS PROSECUTION
Since all of plaintiffs' federal claims have been dismissed prior to trial, this court declines to exercise jurisdiction over plaintiffs' remaining state claims for malicious prosecution and will dismiss them without prejudice. 28 U.S.C. § 1367(c)(3); Midwest Grinding Inc. v. Spitz, 769 F. Supp. 1457, 1470 (N.D. Ill. 1991). Cf. Wentzka v. Gellman, 991 F.2d 423, 425 (9th Cir. 1993).
IT IS THEREFORE ORDERED that defendants' motions for summary judgment [104, 108, 111, 114] are granted in part and denied in part. The Clerk of Court is directed to enter judgment in favor of defendants and against plaintiffs, dismissing plaintiffs' federal causes of action with prejudice and dismissing plaintiffs' state law causes of action without prejudice.
William T. Hart
UNITED STATES DISTRICT JUDGE
Dated: SEPTEMBER 22, 1993