context: Indeed, it is plausible that, from a third-party perspective, Defendant Best's conduct would have appeared to be in the ordinary course of his police business-- taking a private citizen from his official vehicle, while in his official uniform, to his office in MPD headquarters. Accordingly, Plaintiff has plausibly alleged a theory of respondeat superior liability for the District stemming from Defendant Best's 'alleged sexual abuse of the Plaintiff at MPD headquarters.
citation_a.signal: see
citation_a.identifier: 821 F.Supp.2d 398, 398
citation_a.parenthetical: denying motion to dismiss on the basis of section 219(2)(d) because there was a fact issue as to whether an executive of a company used the instrumentalities of his position to rape an employee
citation_a.sentence: See Sipper, 821 F.Supp.2d at 398 (denying motion to dismiss on the basis of section 219(2)(d) because there was a fact issue as to whether an executive of a company used the instrumentalities of his position to rape an employee); see also Doe v. Forrest, 176 Vt. 476, 853 A.2d 48, 61 (2004) (“What makes the circumstances of this case virtually unique from a policy perspective is 'the extraordinary power that a law enforcement officer has over a citizen. A number of courts have talked about this power in finding vicarious liability in cases involving sexual assaults by police officers.”).
citation_b.signal: see also
citation_b.identifier: 853 A.2d 48, 61
citation_b.parenthetical: "What makes the circumstances of this case virtually unique from a policy perspective is 'the extraordinary power that a law enforcement officer has over a citizen. A number of courts have talked about this power in finding vicarious liability in cases involving sexual assaults by police officers."
citation_b.sentence: See Sipper, 821 F.Supp.2d at 398 (denying motion to dismiss on the basis of section 219(2)(d) because there was a fact issue as to whether an executive of a company used the instrumentalities of his position to rape an employee); see also Doe v. Forrest, 176 Vt. 476, 853 A.2d 48, 61 (2004) (“What makes the circumstances of this case virtually unique from a policy perspective is 'the extraordinary power that a law enforcement officer has over a citizen. A number of courts have talked about this power in finding vicarious liability in cases involving sexual assaults by police officers.”).