Bennett v. Gallacher CA4/2
Sherri English called 911 to report a disturbance at the home she shared with her roommates, appellants Daniel Bennett and Keana Felder. Deputy Sheriff Gallacher responded and found English intoxicated and aggressive. However, after talking with the parties and trying to defuse the situation, Gallacher left the home without making an arrest. Shortly after he left, English stabbed both Bennett and Felder. The victims sued Gallacher, the San Bernardino Sheriff’s Department, and the County of San Bernardino, claiming Gallacher caused their injuries by negligently failing to arrest English during his first visit. (Gov. Code, §§ 820 [government employee liability], 815.2 [vicarious government employer liability].) They also based a federal civil rights claim (42 U.S.C. § 1983) on the allegation Gallacher didn’t protect them due to race and gender bias.
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