DENVER (CN) — An intellectually challenged Kansas woman who was sexually assaulted by the then-Sedgwick County sheriff asked the 10th Circuit on Wednesday to reverse a lower court’s order and hold the county liable for an $8 million judgment.
In 2016, then-Sedgwick County Sheriff Tom Hanna transported Peatinna Biggs, at the time an inmate at the county jail, to his home and sexually assaulted her. Hanna was sentenced to seven months in jail for official misconduct in 2023.
Represented by guardian ad litem Hollia Ann Whitson, Biggs sued the county and Hanna in August 2018. In addition to $5 million in punitive damages, a federal judge awarded Biggs $3.2 million in compensatory damages on her claims against Hanna for excessive force, cruel and unusual punishment and false imprisonment. The judge dismissed claims against the county in March 2023, finding Hanna should be held liable for the damages in his individual capacity.
On appeal, Whitson asked the panel to find the county liable for the $8 million judgment, arguing the sheriff had been acting as an agent of the county.
Out of the gate, U.S. Circuit Judge Joel Carson tried to understand Hanna’s authority at the time of the assault.
“Could the sheriff have altered the written rules?” the Donald Trump appointee asked. “Could he have said ‘from now on it will be OK for officers to use their personal vehicles?’ And he could have said ‘from now on it’s OK for officers to transport prisoners in their street clothes?’ Could he have said, even though it’s illegal, ‘I’m now going to authorize relationships between officers and inmates?’”
Attorney Sean Ouellette, from the DC-based nonprofit firm Public Justice, answered affirmatively to each of Carson’s hypotheticals.
“So your position is he has the authority to change the policy unilaterally without any intervention from anyone else?” Carson asked, to which Ouellette agreed, arguing the sheriff’s actions became de facto county policy.
“It doesn’t matter whether the specific action was authorized by state law or violated state law, it was still an act of the county,” Ouellette said.
U.S. Circuit Judge Gregory Phillips, a Barack Obama appointee, wondered whether this assertion was too broad.
“Is there anything the county can do to protect itself?” Phillips asked.
Ouellette responded with legislative suggestions like giving the county review over its sheriff's decisions.
Denver-based SGR attorney Jonathan Eddy defended Sedgwick County against being held liable for Hanna’s behavior, which he saw an individual criminal act.
“This had nothing to do with the policies, this was Hanna’s individual decisions for his personal satisfaction,” Eddy argued.
U.S. Circuit Judge Harris Hartz, a George W. Bush appointee, rounded out the panel. The hearing was held at the Byron White U.S. Courthouse in downtown Denver and broadcast over YouTube. The court did not indicate when or how it would decide the case.
Follow @bright_lamp
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
Additional Reads
-
Exploitation and theft May 8, 2024 -
Alabama abortion assistance May 8, 2024