United States District Court, Northern District of Illinois, Eastern Division
September 19, 2001
CYNTHIA DORSEY, PLAINTIFF,
DWAIN GIVENS, BRENDAN WARD, AND SHERIFF OF WILL COUNTY, DEFENDANTS.
The opinion of the court was delivered by: Moran, Senior District Judge.
MEMORANDUM AND ORDER
Plaintiff moves for reconsideration of the granting of
defendant Sheriff Ward's motion for summary judgment. That
motion is denied.
We are not at all unsympathetic to the notion that a
governmental entity should have respondeat superior liability
for the sexual misconduct of an employee while exercising power
and control over another (although indemnification of that
employee for his or her transgressions is another matter). We
are mindful that such liability is recognized in some states.
Indeed, the Court of Appeals has assumed that to be so in
Indiana in dicta, West by and through Norris v. Waymire,
114 F.3d 646 (7th Cir. 1997), although it would not speculate that
would be the outcome under Illinois law, Wilson v. City of
Chicago, 120 F.3d 681, 684 (7th Cir. 1997). We are mindful, as
well, that the Illinois Supreme Court did not appear to
differentiate between indemnification scope of employment and
respondeat superior scope of employment in Wright v. City of
Danville, 174 Ill.2d 391, 221 Ill.Dec. 203, 675 N.E.2d 110
Nevertheless, we are bound by our understanding of Illinois
law, whether we agree with it or not. And we do not perceive in
Illinois law the distinction between police and non-police
conduct or between degrees of sexual gratification that
plaintiff urges upon us. We adhere to our previously expressed
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