Published on: Wednesday, July 5, 2023

Seventeen-year-old student is required to participate in police ride-along for a class, and Hammond, Ind. officer Jamie Garcia she shadows spends the day groping her, making lewd remarks, and even taking her to a remote location where he offers her to another officer for sex. Officer: This mere "boorish flirtation" was just "making for an exciting ride along." District court: Qualified immunity. Seventh Circuit: Reversed. "Sexual assault is an intentional act that never serves a legitimate governmental purpose" and "We will not close the federal courthouse doors to people sexually assaulted by government officials acting under color of law.”

The case is Zailey Hess v. Jamie Garcia, Officer, and John Doughty, Chief, 22-1550 (7th Cir. July 5, 2023).