Facts: Claudio who was driving with a suspended license was
pulled over by police officer Mozeleski, who stated that he wouldn’t arrest her
because she was too cute and kissed her on the lips. After getting Claudio’s
number Mozeleski called her house later on and left voice messages. Claudio
filed a complaint with the city’s department for sexual abuse, which ultimately
resulted in Mozeleski’s termination of employment. Claudio also brought a
U.S.C. section 1983 claim on the basis that the city of Chicopee did not
provide policies specifically dealing with police officers from engaging in
sexual misconduct toward members of the public.
Issue: Whether the city’s failure to specifically train
Mozeleski not to engage in sexual misconduct to the public amounted to
deliberate indifference to the public’s constitutional right to be free from
sexual misconduct by the police, which put vicarious liability on the city.
No. The city is only liable when the act amounts to a
deliberate indifference. The sexual abuse did not amount to such level because
in a previous case Tambolleo, where a
police officer engaged in physical violence and was told to be more careful,
such action by the municipal was not such that would acquiesce in violating a
citizens’ constitutional rights. Such actions can be left to common sense.
Also, the facts of this case are weaker than the Tambolleo because in this case, the city disciplined the officer. Additionally, Claudio has not shown that the
city’s failure to train Mozeleski was the cause of the deprivation of her
rights. (ML)
