DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182809P.pdf 03/06/2020 Megan McGuire v. Cory Cooper
U.S. Court of Appeals Case No: 18-2809
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Erickson, Author, with Gruender and Kelly, Circuit Judges]
Civil case - Civil rights. In this case, plaintiff alleged Cooper, a
Douglas County deputy sheriff, sexually assaulted her and violated her
civil rights; the district court denied the Sheriff's motion for summary
judgment, and the Sheriff appealed, contending he was entitled to
qualified immunity; the district court's order is reversed and the matter
is remanded with directions to enter judgment for the Sheriff on the basis
of qualified immunity; held, the prior instances of sexual misconduct by
deputies were not similar in kind or sufficiently egregious in nature to
demonstrate a pattern of sexual assault against members of the public by
the deputies; as such, it was not sufficient to put the Sheriff on notice
that a deputy might, as Cooper allegedly did, use his position to separate
a woman from her boyfriend at a park and coerce her to engage in sexual
contact with him; a reasonable officer in the Sheriff's position would not
have known that he needed to more closely supervise his deputies or they
might sexually assault a member of the public; nor would a reasonable
supervisor in the Sheriff's position know that a failure to specifically
train Cooper not to sexually assault a woman would cause him to engage in
the behavior.