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.