An inmate on a work detail can be considered a public employee, the Commonwealth Court has ruled, in a decision that could open the door to liability against a government entity for injuries that may stem from these work assignments.
A sharply divided en banc panel ruled September 13 that Allen v. Wayne County can proceed beyond the pleadings stage to determine whether there is support for the plaintiff’s allegations that an inmate negligently struck him with a lawn tractor and that the tractor was negligently maintained by the county. The court found that a potential jury question exists as to whether the inmate’s actions were foreseeable to the county, and thereby made the county liable.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
