Doe v. City of Chicago
By In the United States Court of Appeals for the Seventh Circuit
- Release Date: 2004-02-27
- Genre: Law
Description
The plaintiff, who is not named "Jane Doe," brought suit against a Chicago police officer, Charles White, charging him with both federal civil rights violations (42 U.S.C. § 1983) and tortious misconduct under Illinois law. She also named as a defendant the City of Chicago, contending that it is liable for Whites misconduct under the doctrine of respondeat superior, as codified in 745 ILCS 10/9-102; see Yang v. City of Chicago, 137 F.3d 522, 526-27 (7th Cir. 1998); Kolar v. County of Sangamon, 756 F.2d 564, 566-67 (7th Cir. 1985). (Her complaint contained another claim against the City, but she later abandoned it.) The City moved for summary judgment with respect to the claim against it, on the ground that Whites tortious behavior was outside the scope of his employment. The district judge granted the motion and entered a final judgment in favor of the City under Fed. R. Civ. P. 54(b), which permits the judge to "direct the entry of a final judgment as to one or more but fewer than all of the claims or parties," though "only upon an express determination that there is no just reason for delay." The judges action enabled Doe to appeal immediately even though her claims against White have yet to be resolved in the district court, where trial has been stayed to await the outcome of the appeal.
