Citation: 785 F. Supp. 1343
Facts: In May of 1991, Konerak Sinthasomphone at 14 years of age, was drugged and confined in an apartment by Jeffery Dahmer. Sinthasomphone was held captive in the apartment and both physically and sexually assaulted by Dahmer. At one point, Sinthasomphone was able to escape from the apartment. He was subsequently discovered unclothed and injured, lying in the street by pedestrians. The pedestrians placed a call to emergency services for help. The Milwaukee Police Department was the first to arrive on the scene. Dahmer met the officers and convinced the officers that Sinthasomphone was his lover and he was intoxicated. The officers disregarded the …show more content…
Wisconsin
Decision: The court ruled that the police officers did not intentionally place Sinthasomphone in danger by turning him over to Dahmer. The officers have qualified immunity in this case for the actions.
Principal of Law: Under 1983 it protects individuals from the government but not from other individuals. In this case there were extensive and severe errors concerning the actions and lack of actions concerning the officers and Milwaukee Police Department. However, there were no intentional actions by the officers to return Sinthasomphone to a dangerous situation.
Notes and Comments: Although there were a litany of errors concerning the officer’s actions and decision making in this case, there was no ill intent on their part to endanger Sinthasomphone. As police officers encounter various calls for service, officers decisions are often made based on limited information available at the time of the call. There are no absolutes in the decisions police officers make or guarantees of safety. However, this case illustrates the extreme need for revision of training and policy. The officers actions in this case although not intentional are appalling from a retrospective