05-14-2007, 02:07 PM
Reg?Fleming Wrote:I think ODA should be required to put a disclaimer on all their public documents, and Contreras should have to put it on his business cards.
Public Entity Liability for Retention of Dangerous Employees
Quote:The emerging area of employment claims falls into two categories of law. The first category is a federal law claim alleging that the employee or citizen has been denied a constitutional right by a custom, practice, or policy of the public entity. The second is an allegation that negligent retention of an employee resulted in injury to a citizen when the public entity knew, or should have known, of the dangerous conduct of the employee and failed to take the appropriate corrective measures....
To be successful in a lawsuit, the plaintiff must demonstrate that the employee was unfit for the position and, as a result, the plaintiff was injured. This requires that the employer knew, or should have known, that the employee was unfit. Courts have not allowed employers to plead ignorance as a defense when they have not made reasonable inquiries of employees' backgrounds or knew, or should have known, that the employee had dangerous propensities or in some other way was unfit to hold the position.