Doña Ana County Case



Davis v. The Board of County Commissioners of Doña Ana County case

What was the legal issue in this case?

The legal issue of this case is that an employee's reference or recommendation must be given instead of remaining silent in front of any third party, if the employer has the information related to the foreseeable issue. If one knows that one person has the potential to commit the crime but action is not taken then the person is equally guilty for crime commitment. Particularly, this case includes the character of the employee was misrepresented in the recommendation letter which caused harm to someone. Illegal acts were involved in the case countered by the Board of County Commissioners of Dona Ana County. Unsuitable sexual behavior was demonstrated by Joseph Herrera. The unethical sexual behavior was conducted with female prison inmates and for exchanging special favors for sexual acts.

The charges were investigated by Frank Steele, Herrera's supervisor. Herrera was advised for reprimanding where Herrera resigned so that disciplinary action can be avoided. A recommendation letter was written for Herrera by Steele after six days which portrayed Herrera as an excellent employee and was related as an excellent employee to work with, in an organization. Another Detention Center Supervisor also made constructive verbal references for Herrera. The County was sued by the Plaintiff for the negligent misrepresentation and providing misinformation by the Detention Center employees, Mochen and Steele. Herrera was actually represented as an excellent employee so that he can be hired in MHV and Plaintiff can be assaulted (Mariah, 1999).

Why does the court conclude that Doña Ana County could be held liable for negligent referral (misrepresentation)?

The court concluded thus because the referral was misrepresented related to the tenure of the employee and was filled with misleading half-truths. The ...