Legal Question in Employment Law in California
Representation
I am an ex-deputy. A female inmate made a false allegation of sexual misconduct. I was investigated and prosecuted on 3 counts of 289.6 p.c.. I went to court and was found not guilty on 2 counts, and the jury was hung 10-2 for acquittal on another count. It was later dropped by the D.A. I was terminated before I went to court. This female started a lawsuit for "unwanted sexual assault" and other violations of her civil rights, about 2 weeks after the investigation started. She is stating that I raped her while she was in custody. I never TOUCHED this woman! She is a known liar, prostitute, and drug abuser.
Several employees of the county are named in this lawsuit including myself. Now the county's position is that they are refusing to defend me in this lawsuit, stating that this action was not within the scope of my duties. The lawsuit is for something completely different than what I was tried for.
I was not found guilty of anything, how can they refuse to defend me? After everything I have been through, I have no money left for defense in this suit. How do I make the county cover me? Is there any case law pertaining to this type of matter or something close to it? I need help!
1 Answer from Attorneys
Re: Representation
Look at Labor Code Sect. 2802 and the case of Jacobus v. Krambo Corp., 78 Cal.App.4th 1096 (2000).