Pardon me while I dust the cobwebs out of here and shoo away the crickets. Yes, it’s been a while since we’ve last posted. But there have not been many noteworthy–and published– decisions from Wisconsin courts on which to report.
Lest you fear that we’ve thrown in the blogging towel, I am here to assure you that we are ever vigilant for interesting and significant cases. One such case is Petkus v. Richland County, Wisconsin, — F.3d —, 2014 WL 4073075 (7th Cir 2014).
Petkus operated an animal sanctuary in Richland County in rural southwestern Wisconsin. In 2009, Petkus was arrested after an investigation by the ASPCA related to animal cruelty claims under Wis. Stat. § 173.10. The ASPCA investigation included a search of Petkus’s property and resulted in removal of over 300 animals and prosecution for animal neglect. She was convicted and sentenced to three years of probation. Petkus then sued the County and several of its deputy sheriffs, alleging negligence and violation of 42 U.S.C. § 1983. Petkus argued that the County and deputy sheriffs were liable for the negligence of the ASPCA volunteers who conducted the search under the doctrine of respondeat superior for causing extensive physical damage to her house, barn, and other property and causing emotional distress. She also alleged that the search was unreasonable within the meaning of the Fourth Amendment. A jury found in favor of Petkus, though the judge reduced the damages awarded to her. Both sides appealed.
While normally respondeat superior does not apply to municipalities, the County did not challenge its applicability. Thus, the Court took up the County’s argument that it was not responsible for the damage “because the sheriff’s deputies did not supervise the animal-rights activists who conducted the search and who therefore inflicted the damage.” The Court rejected that argument, explaining rather colorfully,
Police cannot hire the Hell’s Angels to conduct highway patrol and, though failing to train or supervise them, shuck off responsibility when one of the Angels beats a speeder into a bloody pulp with a tire iron.