Justices: Evansville, Fort Wayne Partly Liable for Police Sex Assaults

From The Indiana Lawyer

The Indiana Supreme Court affirmed two cities were entitled to summary judgment on the common-carrier theory, but not on the issue of liability under respondeat superior’s scope-of-employment rule in a consolidated civil lawsuit involving two women who were sexually assaulted by on-duty police in Evansville and Fort Wayne.

In 2009, Jennifer Cox was sexually assaulted by then-Evansville police officer Martin Montgomery. He had responded to a domestic disturbance call involving Cox, who he took back to her apartment, followed her inside, and coerced her into sex. Cox sued, and he later was convicted of criminal deviate conduct and sentenced to 12 years in prison.

Then up north, Babi Beyer was assaulted and raped by then-officer Mark Rogers. After she was arrested for sitting behind the wheel of a car parked on a road while intoxicated, she was taken to a hospital where a blood draw revealed an alcohol level more than three times the legal limit. She was discharged, however, to Rogers’ custody, and he took her to a grassy area and raped her on a bench while armed and in uniform. Rogers pleaded guilty to charges of rape, sexual misconduct and official misconduct.

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This article was submitted by Samantha DeWester, Indiana Department of Natural Resources. If you would like to submit content or write an article for the Government Practice Section, please email Kara Sikorski at ksikorski@indybar.org.