Given only the facts stated, determine whether the situations described below reflect circumstances involving vicarious liability (A or B). If not vicarious, indicate whether there is any potential for liability at all (C or D). In other words, every item marked "B" will also have a second answer.
-An agency has a very high turnover rate and is desperate for new officers. A candidate applies who has just been fired from another correctional agency. He maintains that he was fired over a personality clash with his supervisor. In the rush to get him processed, the personnel office accepts his word and does not investigate further. In truth, he was fired for continued use of excessive force. During his probationary period, he severely beats an inmate who refused his order to turn down the TV. The inmate subsequently files a lawsuit.

Question

Quizplus · Accepted Answer

CThe agency could be held vicariously liable for the actions of the new officer because he was acting in the course of his employment when he beat the inmate. Additionally, there is potential for liability due to the agency's failure to properly investigate the officer's background, which could be seen as negligence in the hiring process.

Given Only the Facts Stated, Determine Whether the Situations Described