NYS Court of Appeals Holds State Not Liable Under Respondeat Superior

The New York State Court of Appeals used a new analysis to determine whether an employer could be held liable for the actions of their employee in an assault and battery action under the doctrine of respondeat superior.  The case of Rivera v. State of New York was commenced following an inmate’s lawsuit against New York State after suffering injuries following an alleged assault and battery by several correction officers. In finding that the state was not liable for the actions of their employee, the state’s highest court utilized what appeared to be a new test which is being referred to by practitioners as the “so egregious” test. Continue reading “NYS Court of Appeals Holds State Not Liable Under Respondeat Superior”