· 9/5/1991
Dang Vang Yia Moua Yang Xiong Maichao Vang v. Vang Xiong X. Toyed, Individually and in His Capacity as Refugee Counselor
Citations
- 944 F.2d 476
- 34 Fed. R. Serv. 266
- 91 Cal. Daily Op. Serv. 7141
- 91 Daily Journal DAR 10857
- 1991 U.S. App. LEXIS 20564
- 1991 WL 168658
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that jury could have reasonably concluded, from expert testimony showing plaintiffs--as Hmong refugees--were \in awe\ of government officials, that the \defendant used his government position to exert influence and physical control\ over the plaintiffs
- holding that a rape was sufficiently related to state employee’s duties because he raped the plaintiffs during meetings “related to the provision of services pursuant to his state employment”
- holding that jury could have reasonably concluded, from expert testimony showing plaintiffs — as Hmong refugees — were “in awe” of government officials, that the “defendant used his government position to exert influence and physical control” over the plaintiffs
- holding that a state employee acted under color of state law in part because the “defendant used his government position to exert influence and physical control over these plaintiffs in order to sexually assault them”
- finding that a state official who worked for a job placement agency engaged in state action when he sexually harassed job seekers who came to him for assistance
- upholding jury determination that defendant acted under color of law when he raped women looking for employment while meeting with them under pretext of providing services pursuant to his job
Source: CourtListener parenthetical corpus (CC0).
Judges: Wright, Brunetti, Leavy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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