368 P.3d 1213
N.M.2016Background
- Former female inmates at Camino Nuevo Correctional Center were sexually assaulted by a corrections officer (Townes) employed by privately operated CCA.
- Townes had substantial control over inmates, including entering blocks, moving inmates, and authorizing or restricting movement.
- Townes obtained or used access to master control and surveillance to facilitate assaults; some areas were blind spots from cameras.
- CCA and Wagner allegedly failed to supervise Townes adequately; prison policies permitted male officers to escort female inmates alone.
- Townes pleaded guilty to multiple counts of second-degree criminal sexual penetration and false imprisonment related to the assaults.
- The federal district court held Townes liable, and the Tenth Circuit certified a NM question about whether comparative fault could reduce vicarious-liability damages; NM Supreme Court answered in the affirmative for vicarious liability without comparative fault reduction for intentional torts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CCA and Wagner are vicariously liable for Townes’ intentional torts | Spurlock argues aided-in-agency makes CCA/Wagner liable | CCA/Wagner contend no vicarious liability for intentional torts outside employment scope | Yes; CCA/Wagner liable for all compensatory damages under aided-in-agency theory |
| Whether comparative fault applies to reduce vicarious-liability damages | Plaintiffs seek reduction based on Townes’ fault | Defendants argue comparative fault may reduce damages | No; no comparative fault reduction applies to vicarious liability for intentional torts; Townes’ fault not allocated against CCA/Wagner |
Key Cases Cited
- Ocana v. Am. Furniture Co., 135 N.M. 539, 91 P.3d 58 (NM 2004) (adopted aided-in-agency theory for intentional torts)
- Medina v. Graham’s Cowboys, Inc., 113 N.M. 471, 827 P.2d 859 (NMCA 1992) (respondeat superior extended for negligent hiring)
- Garcia v. Gordon, 136 N.M. 394, 98 P.3d 1044 (NMCA 2004) (majority rule on apportionment of fault; employer liability context)
- Sunnyland Farms, Inc. v. Cent. N.M. Elec. Coop., Inc., 301 P.3d 387 (NM 2013) (declining to address unnecessary certified issues to avoid advisory opinion)
- Allstate Ins. Co. v. Stone, 116 N.M. 464, 863 P.2d 1085 (NM 1993) (joint and several liability retained for intentional tortfeasors)
- Clappier v. Flynn, 605 F.2d 519 (10th Cir. 1979) (one compensatory award appropriate when multiple theories protect same interest)
- Ayuluk v. Red Oaks Assisted Living, Inc., 201 P.3d 1183 (Alaska 2009) (limits on aided-in-agency to cases with job-created control over victim)
- Doe v. Forrest, 853 A.2d 48 (Vt. 2004) (illustrates extraordinary power of officers over inmates)