United States Eleventh Circuit

In an action claiming that, while being treated for opiate addiction in defendant's methadone clinic, plaintiffs were subjected to sexual harassment at the hands of a substance abuse counselor, partial summary judgment for defendants is affirmed where: 1) the complaint's factual allegations established that the worker acted purely for his own personal gratification and outside the scope of his employment in his mistreating of plaintiffs; 2) the complaint did not allege that any of the individual defendants procured the worker with the intent to injure the plaintiffs, such that any individual defendant would become a joint tortfeasor with the worker; and 3) the district court did not err in rejecting plaintiffs' claim that the worker's hiring constituted negligence per se.

Appellate Information

• Decided 12/31/2010
• Published 12/31/2010

Judges

• Gerald B. Tjoflat

Court

• United States Eleventh Circuit

Counsel