Dissents challenge liability

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 2, 2020 9:40 AM

This is the second of a two-part column. The first part published Wednesday.With a 62-page dissent from Judge Michael B. Brennan, joined by three of his colleagues, and a separate dissent from Judge Frank H. Easterbrook, an en banc ruling from the 7th U.S. Circuit applied the single-incident theory of liability under 42 U.S.C. Sec. 1983 in affirming a $4 million judgment against Polk County, Wis., evenly split between J.K.J. and M.J.J., two women who were repeatedly raped by a correctional officer when they were locked up …

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