Article: https://www.salon.com/2020/10/16/watchdog-group-accuses-amy-coney-barrett-of-unconscionable-cruelty-in-teen-rape-case/
Tweet: https://twitter.com/4_the_babies/status/1317481380821884928
Article: https://www.salon.com/2020/10/16/watchdog-group-accuses-amy-coney-barrett-of-unconscionable-cruelty-in-teen-rape-case/
Tweet: https://twitter.com/4_the_babies/status/1317481380821884928
I remember this from tort law!
An employer is vicariously liable for an employee’s actions only when the action is connected to the duties they carry out. So if they’re carrying out the duty, but in an unorthodox or incompetent way, then there’s liability. If there’s no nexus, then there’s no liability.
Does that seem murky? It is. Very.
On one extreme, you have stuff like an employee harming someone unconnected to the work, outside work hours, out of work uniform. On the other, you have stuff like an employee following the employer’s instructions to the letter, and harming someone. Everything in between is fuzzy.
Personally, I’d imagine a person raping someone in his custody at work would meet that threshold, but hey I’m not a Supreme Court judge.
Prisoners are some of the most dehumanized people in this country. They don't give a fuck what happens to them behind bars or how screwed their life is when they come out.
it seems like being a prison guard gives you certain access to prisoners that is unavailable to the general public TBH. and also maybe a position of power over them (in line with your job) that can be abused. just spit balling, though
It is their duty to watch the prisoners
So it's within the work
Outside the duties works be using their cellphone to sell drugs while on site
But it’s not in their job description to rape the people in their custody.
So the question is whether raping someone has the sufficient nexus to keeping someone in custody.
Personally, I think it does, as rape has historically been used as a tool of impromptu ‘correction’ and punishment, but it’s nebulous enough for bootlickers to distance themselves if they want.
Yea
It's power over the inmates