Spurlock v. Townes

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Plaintiffs Heather Spurlock, Sophia Carrasco, and Nina Carrera were former inmates of the Camino Nuevo Correctional Center, a prison housing female offenders, directed by Third-Party Defendant Warden Barbara Wagner and privately operated by Third-Party Defendant Corrections Corporation of America (CCA). While incarcerated, Plaintiffs were sexually assaulted by Defendant Anthony Townes, a corrections officer employed by CCA. The United States Court of Appeals for the Tenth Circuit certified a question of New Mexico law to the New Mexico Supreme Court centering on the question of the civil liability under New Mexico law of a private prison when a non-duty corrections officer sexually assaults inmates in the facility. The New Mexico Court held that the private prison was vicariously liable for damages caused by the intentional torts of its employee when those torts were facilitated by the authority provided to the employee by the prison. The liability of the prison may not be reduced by any fault attributed to the victims of the sexual assaults. View "Spurlock v. Townes" on Justia Law