ILNews

Sexual misconduct case gets transfer

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Supreme Court granted transfer Thursday in a case involving the liability of a township trustee for sexual misconduct of her employee.

In Debra A. Barnett v. Camille Clark, Trustee of Pleasant Township, No. 76A03-0704-CV-182, the Indiana Court of Appeals overturned the trial court grant of summary judgment in favor of Camille Clark, who is also referred to as Camelia in the brief.

Clark's husband, Donald, was the deputy township trustee. Debra Barnett went to the trustee's office and met with Donald to obtain financial assistance. At their second meeting, Barnett signed a contract to work for the trustee's office, as Donald told her that was the only way she could receive financial assistance. At that meeting, he touched her inappropriately and asked her to come back to finish the paperwork. A few days later, Barnett came to Donald's office, where he blocked the door, turned off the lights and forced Barnett to have sex with him. After she left, she called the police.

The Indiana State Police arrested Donald after he came to Barnett's house and tried to kiss her and unzipped his pants. He pleaded guilty to sexual battery and an unrelated battery.

Barnett filed suit against Camille Clark, alleging she is vicariously liable for Donald's actions. The trial court granted summary judgment for Camille, finding Donald's conduct wasn't similar to his authorized duties to be within the scope of his employment.

The Court of Appeals reversed the trial court's decision, ruling Donald used his official duties to create an opportunity to be alone with Barnett and he performed his duties before and after his misconduct. Summary judgment shouldn't have been granted because whether he was acting in the scope of his employment is an issue of fact, ruled the Court of Appeals.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

ADVERTISEMENT