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DOE v. FORREST

No. 02-184.

853 A.2d 48 (2004)

2004 VT 37

Jane DOE v. Gary FORREST, Richard Forrest, Bennington County Sheriff's Department, County of Bennington and State of Vermont

Supreme Court of Vermont.

Motion for Reargument Denied May 28, 2004.

Attorney(s) appearing for the Case

David Putter, Montpelier, and Bradley Myerson, Manchester Center, for Plaintiff-Appellant.

Pietro J. Lynn and Heather E. Thomas of Lynn & Associates, P.C., Burlington, for Defendants-Appellees.

Present: AMESTOY, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and GIBSON, J. (Ret.), Specially Assigned.

DOOLEY, J.

¶ 1. This case requires the Court to determine whether a sheriff can be held liable as the employer of a deputy who perpetrates intentional criminal misconduct while on duty. Plaintiff-victim was coerced into performing oral sex by then-Bennington County Deputy Sheriff Richard Forrest (Forrest). Forrest voluntarily pled nolo contendere to charges of lewd and lascivious behavior in violation of 13 V.S.A. §...

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