CASH v. COUNTY OF ERIE

Docket Nos. 09-4371-cv (L), 09-4707-cv (XAP).

654 F.3d 324 (2011)

Vikki CASH, Plaintiff-Appellant-Cross-Appellee, v. COUNTY OF ERIE, Patrick Gallivan, Sheriff, Defendants-Cross-Claimant-Appellees-Cross-Appellants, Marchon Hamilton, Defendant-Cross-Defendant.

United States Court of Appeals, Second Circuit.

Decided: August 18, 2011.


Attorney(s) appearing for the Case

Eugene B. Nathanson, Esq. , New York, NY, for Plaintiff-Appellant-Cross-Appellee.

Thomas F. Kirkpatrick, Jr. , Erie County Department of Law, Buffalo, NY, for Defendants-Cross-Claimant-Appellees-Cross-Appellants.

Chief Judge JACOBS, dissents in a separate opinion.


REENA RAGGI, Circuit Judge:

It is undisputed that while held in pretrial confinement at the Erie County Holding Center ("ECHC"), plaintiff Vikki Cash was sexually assaulted by a male sheriff's deputy, Marchon Hamilton. At issue on this appeal is whether Cash adduced sufficient evidence of municipal liability for this violation of due process to support a jury verdict returned in her favor against Erie County and its then-policymaker, former County Sheriff Patrick...

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