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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/relagcy0126 and id is 1 raw text is: AGENCY CHAPTER 7. LIABILITY OF PRINCIPAL TO THIRD PERSON; TORTS TOPIC 1. LIABILITY FOR PERSONAL VIOLATION OF DUTY D.N.M.2015. Cit. in ftn. §§ 212-214, which constitute all of Ch. 7, Topic 1. Female prisoner brought a § 1983 action against corporation that operated the correctional facility where she was imprisoned, alleging that defendant was vicariously liable for the sexual assault and battery that its correctional officer committed against plaintiff. This court denied defendant's motion for judgment on the pleadings, holding that plaintiff sufficiently stated a claim for relief. The court relied on Restatement Second of Agency § 219(2)(d) to determine that plaintiff's aided-in-agency theory could proceed to trial, given plaintiff's allegations that officer harassed, assaulted, and impregnated plaintiff while she was incarcerated and that he was able to use his authority to do so. Citing Restatement of Agency §§ 212- 214 and 265-267, the court noted that Restatement of Agency § 219 did not contain a reference to the aided-in-agency theory. Pena v. Greffet, 110 F.Supp.3d 1103, 1117. TOPIC 2. LIABILITY FOR AUTHORIZED CONDUCT OR CONDUCT INCIDENTAL THERETO TITLE B. TORTS OF SERVANTS § 219. General Rule D.N.M.2015. Cit. and quot. in ftn. Female prisoner brought a § 1983 action against corporation that operated the correctional facility where she was imprisoned, alleging that defendant was vicariously liable for the sexual assault and battery that its correctional officer committed against plaintiff. This court denied defendant's motion for judgment on the pleadings, holding that plaintiff sufficiently stated a claim for relief. The court relied on Restatement Second of Agency § 219(2)(d) to determine that plaintiff's aided-in-agency theory could proceed to trial, given plaintiff s allegations that officer harassed, assaulted, and impregnated plaintiff while she was incarcerated and that he was able to use his authority to do so. The court noted that Restatement of Agency § 219 did not contain a reference to the aided-in-agency theory. Pena v. Greffet, 110 F.Supp.3d 1103, 1117. WHO IS A SERVANT § 227. Servant Lent to Another Master Tex.App.2015. Com. (b) quot. in case quot. in ftn. Staffing company's client filed, inter alia, an embezzlement claim under a theory of respondeat superior against staffing company, alleging that, after mA IJ For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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