Cassie Desotelle v. Continental Casualty

Cassie Desotelle appeals a judgment dismissing an action in which she sought to enforce a federal damage award against Brown County and its insurer, Continental Casualty Company. Desotelle argues that the trial court erred by impaneling an advisory jury to determine whether Gordon Gille had been acting within the scope of his employment when he falsely imprisoned her. She asserts that the federal jury had previously determined this issue and that all facts were undisputed. Consequently, she contends that under sec. 895.46(1), Stats., the court's reasoning in Bell v. City of Milwaukee, 536 F. Supp. 462 (E.D. Wis. 1982), modified, 746 F.2d 1205 (1984), or the terms of Continental's insurance policy, she is entitled to judgment as a matter of law. We disagree and affirm the judgment. 1 In 1980, Brown County Sheriff's Deputy Gordon Gille discovered Cassie Desotelle and her boyfriend in a parked car. Gille was on regular patrol duty and in full uniform. Allegedly suspecting underage drinking, Gille removed Desotelle to his squad car for questioning. While in the squad car, Gille sexually assaulted Desotelle. Gille was convicted of sexual assault and received a three-year prison term.