Legal Question in Civil Litigation in Massachusetts
legal
an executive director, his family and his assistant of a state and fedrally funded agency were indited for racqueteering,extortion kickbacks and conflict of intrest.another manager moved into position of assistant executive director and was found to have conducted himself in an inapropriate manner by breaking federal law by the board of directers of that agency can the agency be held liable for the conduct of the directors if the previouse board members had knowledge of the violations.
1 Answer from Attorneys
Re: legal
The middle "sentence" of your question does not make sense. It really is NOT a sentence.
You wrote "another manager moved into position of assistant executive director and was found to have conducted himself in an inapropriate manner by breaking federal law by the board of directers of that agency."
How can the asst director misconduct himself through the Bd of Directors?
Either the Asst Dir misconducted himself
or the Board misconducted itself
or they all misconducted themselves
or the asst dir misconducted him/herself by order of the Board.
It depends on which agency, the statutes relating to that agency, the misconduct that was done.
In section 1983, there is no respondeat superior.
Impossible to answer your question as asked.