Summary
The Seventh Circuit affirmed summary judgment for Kane County, holding that an off-duty deputy who assaulted a teenager for swearing was not acting within the scope of his employment under the Illinois Tort Immunity Act (745 ILCS 10/9-102). Applying Illinois' three-part scope-of-employment test, the court found the deputy failed the time/space limits (off-duty, out of uniform, outside jurisdiction) and the motive prong (acting out of personal animus, not to serve the employer). The decision clarifies that an officer's unauthorized use of a badge and gun for a purely personal goal does not trigger county indemnification.
Holdings
- Summary judgment was proper because Demeter was not acting within the time and space limits of his employment nor with a purpose to serve his employer.
Questions Presented
- Whether Demeter was acting within the scope of his employment as a sheriff's deputy when he assaulted Elston.
Disposition
affirmed
Cases Cited (9)
- Adames v. Sheahan, 909 N.E.2d 742 (Ill. 2009)(followed)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986)(followed)
- Brown v. King, 767 N.E.2d 357 (Ill. App. Ct. 2001)(followed)
- Doe v. City of Chicago, 360 F.3d 667 (7th Cir. 2004)(followed)
- Wolf v. Liberis, 505 N.E.2d 1202 (Ill. App. Ct. 1987)(followed)
- Gaffney v. City of Chicago, 706 N.E.2d 914 (Ill. App. Ct. 1998)(distinguished)
- Copeland v. County of Macon, 403 F.3d 929 (7th Cir. 2005)(analogized)
- Carver v. Sheriff of LaSalle Cty., 787 N.E.2d 127 (Ill. 2003)(followed)
- Carver v. Sheriff of LaSalle Cty., 324 F.3d 947 (7th Cir. 2009)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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