The question in this case was whether the State can be liable for an assault of an inmate by a corrections officer, which was not within the scope of the officer’s employment.
In January 2010, an on-duty corrections officer assaulted claimant, who was then a state prison inmate. The officer was criminally prosecuted for the assault and ultimately plead guilty to official misconduct. Claimant filed an action in the Court of Claims, seeking to hold the State vicariously liable for the assault. The court granted summary judgment to the State dismissing the claim, concluding that the corrections officer acted outside the scope of his during the assault. The Fourth Department unanimously affirmed, and the Court of Appeals granted leave to appeal.
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