OFFICER SEXUAL ASSAULT: Summary judgment for US precluded by factual dispute as to whether BIA Officer was within his authority when he coerced minor into sexual acts… remanded for bench trial before a different judge… Watters reversed (memorandum). [Read more…]
Officer sexual assault, course & scope, FTCA
OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]