United States Seventh Circuit

In a sixteen-year-old's 42 U.S.C. section 1983 suit against a village and individual defendants, alleging his substantive due process rights were violated by the defendants' deliberate retention of a fire chief, who molested him, despite knowledge of his prior improprieties with other minors, summary judgment in favor of the defendants is affirmed where: 1) the village is not liable for retaining the fire chief because a quorum of the village's board of trustees had no knowledge of his prior sexual misconduct; and 2) plaintiff presented insufficient evidence for a reasonable jury to find that the president knew that retaining the fire chief posed a substantial risk to plaintiff.

Appellate Information

• Argued 04/05/2010
• Decided 05/07/2010
• Published 05/07/2010

Judges

• BAUER, Circuit Judge., Before EASTERBROOK, Chief Judge, and BAUER and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Farris M. Alkaraki, Attorney, Leahy & Hoste, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Vincent C. Cipolla, Attorney, William W. Kurnik, Attorney, Knight, Hoppe, Kurnik & Knight, Rosemont, IL, for Defendants-Appellees.