Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

City distances itself from Filner harassment case

Ex-mayor's alleged deeds "completely outside the scope of his employment"

Bob Filner
Bob Filner

Court documents filed in the case of military veteran Katherine Ragazzino and her nurse Michelle Tyler — who allege that former mayor Bob Filner sexually harassed them during a meeting last year — shows the city attorney's office is distancing itself from Filner.

The demurrer, filed on February 18 and posted today, March 5, on the court's website, provides a glimpse at the city's new legal strategy when it comes to Filner.

Tyler's and Ragazzino's complaints are fourfold. They say that the two visited Filner at his office in city hall for help expediting benefits for Ragazzino from Veteran's Affairs. Once inside, Filner allegedly made inappropriate comments and began to rub Tyler's arm. Then, according to the lawsuit filed in January of this year, Filner said he would help the veteran in exchange for sexual favors from her nurse.

Sponsored
Sponsored

Now, the city says that, despite the claims, it should not be held liable for Filner's actions.

In regard to the charges of common-law battery and statutory sexual harassment, the city attorney's office feels Filner should shoulder the blame because there is "no causal nexus to Filner's official duties" and because "the misconduct is completely outside the scope of his employment."

"Under the doctrine of respondeat superior, an employer may be vicariously liable for torts committed by employees within the scope of employment. While an employee's willful, malicious and even criminal torts may fall within the scope of his or her employment for purposes of respondeat superior, an intentional tort that has no causal nexus to the employee's work will fall outside the scope of employment. Moreover, the scope of employment does not extend to an employee's malicious or tortious conduct if the employee substantially deviates from the employment duties for personal purposes."

In other words, Filner's actions had to be at the behest of the city in order for the city to be liable. The city also claims that when making those inappropriate advances, the former mayor was not acting in his capacity as mayor but chose to do so himself.

Which raises the question, why would the city have to award plaintiffs damages in the case of sexual misconduct by police officers? Because, theorizes the city attorney, police officers have special powers to detain, arrest, and use force. A mayor does not.

The legal brief also questions the actual harm that Filner inflicted on Tyler and Ragazzino.

"Physical harm was never a consideration. Section 51.9 requires a concerted pattern of harassment of a repeated, routine or a generalized nature, or, in the case of an isolated incident, a physical assault or the threat thereof. Plaintiffs have alleged neither."

Attorneys for both sides with state their case at a March 28 meeting in front of judge Joel Wohlfeil.

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Gonzo Report: Stinkfoot Orchestra conjures Zappa at Winstons

His music is a blend of technical excellence and not-so-subtle humor
Next Article

Pacific Beach – car thief's paradise

Take photos of your automobile and license plate
Bob Filner
Bob Filner

Court documents filed in the case of military veteran Katherine Ragazzino and her nurse Michelle Tyler — who allege that former mayor Bob Filner sexually harassed them during a meeting last year — shows the city attorney's office is distancing itself from Filner.

The demurrer, filed on February 18 and posted today, March 5, on the court's website, provides a glimpse at the city's new legal strategy when it comes to Filner.

Tyler's and Ragazzino's complaints are fourfold. They say that the two visited Filner at his office in city hall for help expediting benefits for Ragazzino from Veteran's Affairs. Once inside, Filner allegedly made inappropriate comments and began to rub Tyler's arm. Then, according to the lawsuit filed in January of this year, Filner said he would help the veteran in exchange for sexual favors from her nurse.

Sponsored
Sponsored

Now, the city says that, despite the claims, it should not be held liable for Filner's actions.

In regard to the charges of common-law battery and statutory sexual harassment, the city attorney's office feels Filner should shoulder the blame because there is "no causal nexus to Filner's official duties" and because "the misconduct is completely outside the scope of his employment."

"Under the doctrine of respondeat superior, an employer may be vicariously liable for torts committed by employees within the scope of employment. While an employee's willful, malicious and even criminal torts may fall within the scope of his or her employment for purposes of respondeat superior, an intentional tort that has no causal nexus to the employee's work will fall outside the scope of employment. Moreover, the scope of employment does not extend to an employee's malicious or tortious conduct if the employee substantially deviates from the employment duties for personal purposes."

In other words, Filner's actions had to be at the behest of the city in order for the city to be liable. The city also claims that when making those inappropriate advances, the former mayor was not acting in his capacity as mayor but chose to do so himself.

Which raises the question, why would the city have to award plaintiffs damages in the case of sexual misconduct by police officers? Because, theorizes the city attorney, police officers have special powers to detain, arrest, and use force. A mayor does not.

The legal brief also questions the actual harm that Filner inflicted on Tyler and Ragazzino.

"Physical harm was never a consideration. Section 51.9 requires a concerted pattern of harassment of a repeated, routine or a generalized nature, or, in the case of an isolated incident, a physical assault or the threat thereof. Plaintiffs have alleged neither."

Attorneys for both sides with state their case at a March 28 meeting in front of judge Joel Wohlfeil.

Comments
Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Pet pig perches in pocket

Escondido doula gets a taste of celebrity
Next Article

Taco Taco Poway still has 99-cent fish tacos

Tacotopia prizewinner is well known among Powegians
Comments
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.