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California County Not Liable for Misconduct of Jail Guard Not Acting within Scope of Employment
Loaded on March 15, 2014
published in Prison Legal News
March, 2014, page 38
On April 3, 2013, the California Court of Appeal held that a county is not liable for damages arising out of the misconduct of one of its jail guards when such misconduct is deemed to be “purely personal” and thus not within the scope of the guard’s employment.In February ...
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More from this issue:
- Corizon Needs a Checkup: Problems with Privatized Correctional Healthcare, by Greg Dober
- Florida County Agrees to Pay $4 Million to Deceased Prisoner’s Estate, by Derek Gilna
- Seventh Circuit Upholds Removal of Prisoner’s Dreadlocks
- From the Editor, by Paul Wright
- Second Circuit Vacates Magistrate’s Judgment Entered without Consent
- Why There’s an Even Larger Racial Disparity in Private Prisons Than in Public Ones, by Katie Rose Quandt
- Arrest-Proof Yourself, by Dale Carson and Wes Denham, by John Dannenberg
- When Victims Speak Up in Court – in Defense of the Criminals, by Andrew Cohen
- Texas Criminal Court Fees are a Tax on Poor Defendants, by Matthew Clarke
- Oregon Jail Guard Quits, Divorces Wife for Former Prisoner
- South Dakota Parole Board Improperly Enhanced Prisoner’s Parole Date
- California Female Prisoners Sterilized
- Kentucky Supreme Court: Probation Cannot be Extended for Sex Offender Treatment
- Former Detainee Alleges Unconstitutional Conditions at Illinois Jail, Accepts $7,501 Judgment
- Seventh Circuit Upholds FTCA Venue Transfer
- Alabama Sheriff Made Party on Counterclaim Alleging Prisoners Subjected to Sexual Abuse
- Adverse Inference Instruction Required for New York Jail’s Destruction of Video Evidence
- Washington Jail Denied Good Time without Due Process; Rehearing Ordered
- California County Not Liable for Misconduct of Jail Guard Not Acting within Scope of Employment
- Texas Courts Examine Proof of Ability to Pay Probation Fees before Revocation, by Matthew Clarke
- Second Circuit: Videoconference at Resentencing Violates Right to be Present
- Taylor County, Texas Rarely Disciplines Jailers
- Eighth Circuit: Denial of Nominal Damages Jury Instruction was Improper
- D.C. Circuit Holds PLRA’s Exhaustion Requirement Inapplicable to Former Prisoner
- Michigan Parole and Probation Supervision Scrutinized; Three Officials Fired
- The Federal Tort Claims Act: A Primer, by Derek Gilna
- Psst! Hey Man, Need Some Execution Drugs?
- A Rare Look Inside the Maine State Prison's "Supermax", by Lance Tapley
- Video Visitation a Growing Trend, but Concerns Remain
- Online Gaming Accounts of New York Registered Sex Offenders Restricted or Closed
- PLRA Does Not Permit Waiver of Court-ordered Answer
- New Hampshire Prisoners Suspected of Breaching Prison Computer System
- Businesses, Members of Congress Not Happy with UNICOR, by Derek Gilna
- Ninth Circuit Holds Staff Sexual Abuse Presumed Coercive; State Bears Burden of Rebutting Presumption
- Lawsuits filed over Oregon Jail Death
- News in Brief
More from these topics:
- Conflicting Reports from New Hampshire Prison Officials Before Guard Charged in Psychiatric Detainee’s Death, June 1, 2024. Guard Misconduct, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness).
- “Are You Freaking Kidding Me?” Former BOP Warden Accuses Guards of Recruiting Prisoners for Assaults at Troubled Lockup in Illinois, June 1, 2024. Guard Misconduct, DOC/BOP misconduct, Guard Brutality/Beatings, Restraints, Control Units/SHU/Solitary Confinement, Bureau of Prisons (BOP).
- BOP Guards Plead Guilty in Smuggling Ring at Closed Manhattan Lockup, May 1, 2024. Guard Misconduct, DOC/BOP misconduct.
- Two West Virginia Jail Guards Plead Guilty in Detainee Death, Six More Charged, May 1, 2024. Primecare Medical, Guard Misconduct, Guard Brutality/Beatings, Medical Neglect/Malpractice, Excessive Force (Wrongful Death).
- These Men Fought White Supremacists and Got Sentenced to Over 200 Years, May 1, 2024. Guard Misconduct, Political Prisoners, Racial Discrimination, Prison Rebellion, Guard Brutality/Beatings, Control Units/SHU/Solitary Confinement, Guards/Staff.
- Three Texas Prison Guards Among 13 Charged in Sprawling Smuggling Scheme, May 1, 2024. Guard Misconduct.
- Pennsylvania Jail Warden Fired, Deputy Warden Resigns After Guard Assaults Detainee, May 1, 2024. Guard Misconduct, Drug Overdose, Guard Brutality/Beatings.
- “There you go, Agent Orange!” Former South Carolina Sheriff Federally Indicted for Assaulting Jail Detainee, May 1, 2024. Guard Misconduct, Guard Brutality/Beatings, Stun Guns/Tasers, Police/Govt Misconduct.
- Pennsylvania Detainee Found Four Months After Jail Escape, Five Guards Fired, May 1, 2024. Guard Misconduct, Escapes.
- $125,000 Settlement for Wisconsin Prisoner’s Claim That Guards Set Him Up For Stabbing, May 1, 2024. Guard Misconduct, Racial Discrimination, Retaliation for Media Contact, Retaliatory Segregation, Prison Gangs, Failure to Protect (General).