In M.P. v. City of Sacramento , a 24-year-old woman working as a photographer attended the Porn Star Costume Ball. A firefighter captain attended, and allowed other firefighters to attend, drive their trucks to the event, and pick up women. Some of the firefighters were on duty, and some were drinking. This was not the first time firefighters had been allowed to bring their fire trucks to bars and parties. The woman was asked to take pictures of the firefighters in the truck, and two of them (one of whom was on duty) sexually assaulted her. She sued, contending that the City of Sacramento was liable for the assault against her. The court ruled:

Question

In M.P. v. City of Sacramento , a 24-year-old woman working as a photographer attended the Porn Star Costume Ball. A firefighter captain attended, and allowed other firefighters to attend, drive their trucks to the event, and pick up women. Some of the firefighters were on duty, and some were drinking. This was not the first time firefighters had been allowed to bring their fire trucks to bars and parties. The woman was asked to take pictures of the firefighters in the truck, and two of them (one of whom was on duty) sexually assaulted her. She sued, contending that the City of Sacramento was liable for the assault against her. The court ruled:

Quizplus · Accepted Answer

Under California law, a public employee who commits a sex crime on duty is not acting within the scope of employment, so the employer is not vicariously liable. Although the firefighters were allowed to attend the event and drive the fire truck, their decision to sexually assault the plaintiff was not within the scope of their employment. Therefore, the city is not liable for their actions. Under California law, a public employee who commits a sex crime on duty is not acting within the scope of employment, so that the employer is not vicariously liable. Although some firefighters were on duty and some were drinking, allowing firefighters to attend the event, drive their trucks to the event and pick up women was not part of their official duties. Thus, the city was not liable for the sexual assault committed by the firefighters.

In MP V City of Sacramento , a 24-Year-Old Woman Working as Working