Whitley v. Hanna

Issue: (1) Whether a victim raped by a police officer acting under color of law can bring a Section 1983 substantive due process claim against state and local law enforcement officers and officials who, in the course of their investigation of her attacker, made the deliberate decision to build their prosecution case by allowing the victim to be repeatedly assaulted; (2) whether, under the deliberate indifference standard, law enforcement officers and officials are excused for knowing and intentional violations of a victim's constitutional rights in the course of investigating a state actor if the violations were committed as part of a plan to secure a conviction; and (3) whether knowingly allowing a sexual assault by a state actor is justifiable by any governmental interest.