California Court of Appeal

In suit alleging sexual assault of a minor by police officer, judgment for defendant is affirmed, where: 1) when a police officer sexually assaults a minor participating in a police explorer program, the police officer's employer is not vicariously liable for the misconduct because it is outside the course and scope of employment; and 2) under Penal Code section 11166 officer did not have report his own abuse because imposing a duty on a mandated reporter who abuses a child to report that abuse would require the mandated reporter to forfeit his or her Fifth Amendment privilege against self-incrimination.

Appellate Information

• Decided 01/17/2013
• Published 01/17/2013

Judges

• GOMES

Court

• California Court of Appeal

Counsel