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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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a police officer was coming to my house while on duty for sexual

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a police officer was coming to my house while on duty for sexual favors. I want to file a suit against the city. Do i have a case?
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
You may have a case against the police officer, but as far as against the city, you would have to prove they knew or should have known of his conduct. However, they will argue that the officer was outside of the scope and performance of the duties with the department and as such they would not be liable since he was not in performance of his official police duties. If this sex was non-consensual and based on threats then it could be considered rape and you need to report this to the Internal Affairs Division.

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Customer: replied 5 years ago.
if he was on duty, in a patrol car and doing this shouldn't the city have a duty to protect the citizens from this type of behavior?
Expert:  Law Educator, Esq. replied 5 years ago.
That does not mean they will be liable for his actions, if he was at a call to your residence and did this, they would be liable, but if he was going off outside of his normal duties they will have a strong case they are not liable and you would have the burden to prove they improperly supervised him and that they knew or should have known he had a history of this type of behavior. However, before you sue, you need to file a criminal complaint if this sex was not consensual, because if it was consensual you have no case against anyone.
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