Alleged victim brought action in state court against former police officer who allegedly assaulted and raped her, chief of police, and city, under various causes of action, including violation of § 1983 and Massachusetts Civil Rights Act. Chief and city removed the case to federal court and moved to dismiss the complaint.
The District Court held that:
- Chief did not have actual or constructive knowledge of the likelihood or possibility that officer would assault and rape a woman while on duty as required for § 1983 claim for supervisory liability;
- City did not have notice that police officer might assault and rape a woman while on duty as required to demonstrate that city had a policy amounting to deliberate indifference to the rights of victim under § 1983; and
- City did not have notice that police officer might assault and rape a women while on duty as required to demonstrate city’s negligence in disciplining or properly supervising officer.