California Court of Appeal

In suit for damages caused by the defendant-county's employee, who, in his capacity as a correctional officer, accessed information regarding various jail inmates and then wrote fake letters to those inmates that were purportedly from plaintiff in an attempt to provoke the inmates to retaliate against plaintiff and his family and thereby intimidate them into dropping a personal injury lawsuit plaintiffs had filed against said county-employee, judgment for defendant-county is affirmed, where the trial court properly: 1) granted summary judgment to defendant-county on plaintiffs' tort causes of action because the county-employee's wrongful tort was outside the scope of his employment; 2) sustained defendant's demurrer to the cause of action alleging civil rights violations because plaintiffs fail to allege what constitutional right the defendant-county violated.

Appellate Information

• Decided 04/04/2013
• Published 04/04/2013

Judges

• FRANSON

Court

• California Court of Appeal

Counsel