HomeMy WebLinkAboutMINUTES - 09201994 - 1.2 (2) TO: Board of Supervisors
FROM: Victor J. Westman, County Counsel
DATE: September 14, 1994
SUBJECT: Joining the Amicus Brief in Knott v. State of California
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
That the County of Contra Costa join in the amicus curiae brief
being filed on behalf of the League of Cities, the County Counsel
Association, 111 cities and the majority of the counties in this
state urging the California Supreme Court to use the case of Knott
v. State of California to reverse that court 's decision in the Case
of Mary M. v. City of Los Angeles.
FISCAL IMPACT
There may be a reduction in liability exposure if the Court reverse
the Mary M. case. There is no cost to join the amicus brief.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In the Mary M. case, the Supreme Court held that a public entity is
liable for the intentional criminal acts of uniformed police
officers which are not authorized or ratified by their superiors .
The Knott case, which the Supreme Court has agreed to review,
presents the same issue. In Mary M. , the taxpayers were required
to pay for rape. In Knott, the lower courts have decided that the
taxpayers should pay for murder.
The rationale of Mary M. in finding liability against the public
entity was that the pub] is entity is able to spread the risk by
insurance. However, as is the case with most public entities
today, the cost of insurance has become prohibitive and most public
entities are self insured. Further insurance, were it available,
generally excludes coverage for intentional criminal acts.
Joining in this amicus brief permits the County to support the
position that the taxpayers should not pay for the unauthorized and
unratified criminal acts of police officers.
CONTINUED ON ATTACHMENT: YES SIGNATURE
*�/ J 1"- 4 ;6
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF RU C M TTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
—ZUNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: ATTESTEDJL4a,2L," a
cc: County Counsel PHIL BATCHELOR, C ERK OF
CAO THE iOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY,J , n ,� , �� , DEPUTY