Zander v. Orlich

Lake County, Indiana, Sheriff's Department (LCSD) Deputy Orlich, in uniform, and carrying a gun, responded to Zander’s husband’s call, reporting a domestic disturbance. Arriving at the scene, Orlich ordered Zander to leave the home and go to her other house on White Oak Avenue. Zander stated that she could not go there because the electric panel had been dismantled. Orlich's supervisor gave Orlich permission to take Zander to White Oak Avenue, where Orlich turned on the electricity. Orlich told Zander that she could not return to the other house for several hours. About 10-15 minutes after Orlich left, Zander found Orlich standing naked in the house. He attacked Zander sexually and said that he could make Zander’s life difficult if she reported him. Zander filed negligence claims against the Sheriff and intentional tort and civil rights claims against Orlich. The district court granted the Sheriff summary judgment on Zander’s respondeat superior claim and on Zander’s negligent hiring, training, and retention claim because Zander presented no evidence that Buncich knew of the necessity of exerting control to prevent Orlich's sexual misconduct. On Zander’s claims against Orlich, a jury awarded $100,000 in compensatory damages, $275,000 in punitive damages, and attorneys fees and costs totaling $97,267.80. The Seventh Circuit reversed as to Zander’s respondeat superior claim and affirmed as to the negligent hiring claim. Orlich exploited “unique institutional prerogatives of his police employment.” Whether Orlich’s employment gave rise to the abuse of that power is a question of fact for the jury. View "Zander v. Orlich" on Justia Law