Eighth Circuit Court of Appeals Victory in Police Misconduct Sexual Assault Case

The Eighth Circuit Court of Appeals ruled in a unanimous decision today to reverse the trial court's decision which dismissed a civil rights police misconduct and sexual assault case.  The decision of Jane Doe v. City of Marianna Arkansas finds that there is sufficient evidence in the record for a jury to decide whether the City of Marianna violated the plaintiff's constitutional rights.  Jane Doe, a minor at the time of the incident, was sexually assaulted by Marianna police officer Andrew Gay.  The district court dismissed the lawsuit against the City of Marianna by finding there was insufficient evidence of an unconstitutional policy, practice, or custom in the police department.  This opinion remands the case back to the trial court and means that the plaintiff will have an opportunity to present her case to a jury. 

Audio of the oral argument is found here.

The City of Marianna is expected to ask for a rehearing and possibly appeal the decision.

This case is being handled by Memphis police misconduct attorney Thomas Greer.

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