Facts

In June 2014, plaintiff Alexa Curtin, 22, got into an argument at her then-boyfriend's Dana Point home. As a result, sheriff's deputies arrived at the scene. An on-duty sheriff's deputy, Nicholas Caropino, reported to the scene and eventually offered to drive Curtin to her car, which was parked nearby. Once there, Caropino made inappropriate comments about Curtin's underwear, found in her car. Caropino ordered Curtin to stay in her vehicle as he left and returned in his vehicle, out of uniform. Caropino then got into the passenger seat of Curtin's car, and sexually assaulted her.

Curtin sued Caropino and Caropino's employer, the County of Orange contenting that Caropino assaulted her under the color of authority as a Deputy Sheriff. The court granted plaintiff's partial motion for summary judgment finding that Deputy Sheriff sexually assaulted Curtin and did so under the color of his authority as a Deputy Sheriff. The court further found that the Sheriff's Dept. had a policy of tolling any administrative action against its Sheriff's pending any criminal investigation regarding their actions.

The trial was bifurcated, with the first phase to determine whether the Department Policy was the moving force causing the assault on Curtin and whether enacting such a policy was deliberately indifferent to her constitutional rights. After a finding of liability the second phase set to determine damages.

PLAINTIFF'S CONTENTIONS: During the liability phase, plaintiff argued that in February 2014, another woman alleged that Caropino came to her home following her release from jail and sexually assaulted her there. As such, plaintiffcontended that the sheriff's department's policy to toll any administrative action and any internal investigations allowed Caropino to remain on patrol duty and remain in contact with the public, even as he was under criminal investigation for the first sexual assault allegation. A District Attorney criminal investigation into Caropino's conduct resulted in no charges, but in August 2015, the sheriff's department issued a notice of dismissal to Caropino. Plaintiff claimed that the county was responsible for Caropino's alleged assault on Curtin due to the sheriff's department's policy, which stalled the department's internal investigation while the criminal investigation was underway. Plaintiff contended that the policy meant that Caropino was not placed on leave until nine months after the first sexual-assault allegation and allowed Caropino to remain on-duty, during which time he also raped Curtin. Plaintiff claimed that the department's policy was a moving force in causing Curtin's rape.

DEFENDANT'S CONTENTIONS: The county argued that Caropino was not in uniform during the incident and was not acting in his capacity as a sheriff's deputy during the alleged assault. The county argued its policy to toll internal investigations was sound and was not a causal factor in Curtin's rape.

Result

The jury returned a verdict for plaintiff, awarding her $2.25 million.

Other Information

Defendants have filed a motion as a matter of law on the issue of municipal liability. Plaintiff has filed a motion for attorney fees. Both are pending.