County Not Liable for Sexual Assault Committed by Park Employee
After a county employee assaulted a
woman volunteer, the victim sued the county arguing that the county was liable for the acts of its employee.
In Doe v. Vigo County, the Seventh Circuit Court of Appeals determined that the county could not be
held liable because (1) the employee’s job did not require
close contact with vulnerable members of the public and (2) there was no evidence
the county pursued a policy or custom of tolerating this type of behavior.
The employee worked for the county parks
department where he oversaw volunteers including those completing community
service. The victim alleged the employee
brought her to a restroom, locked the door, and sexually assaulted her. The employee was arrested and eventually
convicted of criminal confinement and official misconduct.
In finding for the county, the Court
held that in cases of sexual misconduct, Indiana law does not hold an employer
vicariously liable for an employee’s misconduct unless the employee’s job
requires intimate physical contact with individuals. The court distinguished the park employee’s
general maintenance and oversight responsibilities with public positions
requiring close contact, such as an equipment manager outfitting youth baseball
players or a caseworker required to bathe and dress disabled youth. Similarly, the Court rejected the victim’s
contention that the county made it a practice to ignore sexual misconduct
allegations. Instead, the county was
able to rebut several misconduct cases offered by the victim by showing it had
either fired, or allowed to resign, at least three of the individuals
involved.
While the outcome favored the county in
this case, Illinois municipalities should be cautioned that Illinois law may
not apply the same standards for vicarious liability. For example, one Illinois appellate court found a school district vicariously liable
when its bus driver sexually assaulted a student, without regard to whether the
bus driver’s duties involved close contact with students of the kind required
by Indiana.
Post Authored by David Warner, Ancel Glink
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