Martin v. Milwaukee County

Dist. Ct. erred in denying defendant-County’s motion for judgment as matter of law in action by plaintiff-prisoner seeking indemnification under Wisc. statute for injuries incurred by plaintiff when County’s employee (prison guard) raped plaintiff while plaintiff was in jail. Although jury eventually found that plaintiff was entitled to $6.7 million in compensatory and punitive damages, Ct. of Appeals agreed with County that plaintiff failed to show as matter of law that employee sexually assaulted plaintiff within scope of employee's employment so as to render County liable for indemnification under Wisc. statute. Ct. further noted that employee’s actions with respect to plaintiff were designed to further his own objectives, and that instant sexual assaults were not part of natural, connected or ordinary part of employee’s contemplated services as prison guard.