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Domestic Violence Victim's Section 1983 Lawsuit May Proceed to Trial, Second Circuit Holds

Okin v. Village of Cornwall-on-Hudson, No. 06-5142 (2d Cir. Aug. 18, 2009) (here).A woman?s husband, Roy Sears, was a hometown hero. He owned a bar where the cops got drunk and watched sports. The police department gave the bar owner a license to beat up his live-in girlfriend. She?d call the police. When they bothered to show up, they didn?t question her husband. They ignored her bruises. Finally she sued. Her allegations: Okin filed a 42 U.S.C. § 1983 action ... alleging violations of her federal Due Process and Equal Protection rights .... By failing to arrest or even interview Sears, Okin alleges that defendants endangered her by emboldening Sears. Okin also alleges that defendants ?acted in concert with Sears,? that they failed to respond effectively to her repeated complaints about Sears because he ?had significant personal relationships with ranking members of [the Village and Town] police departments and made financial contributions to or at the behest of the Town Police Department,? and that defendants? dismissive and inappropriate behavior which was witnessed by Sears affirmatively increased the danger she faced...continue to full post

Full post as published by Crime & Federalism on August 18, 2009 (boomark / email).