Despite the horrible events that happened to Plaintiff Misti Lee Schneider, the proof still was not enough to sustain a § 1983 action. The Tenth Circuit affirmed the district court's grant of summary judgment in favor of the defendants earlier this month and said just that.
Plaintiff Schneider had made a 911 call about a serious altercation with her teenage son. Officer Glenn Coyce of the Grand Junction Police Department (GJPD) not only took her call, but raped her the next night. Coyne was arrested days later, and subsequently committed suicide.
Schneider fought to allege a § 1983 violation of her substantive due process rights on a few counts -- the relevant one being that the GJPD were deliberately indifferent to the risk that the rape would occur.