Amylou R. v. County of Riverside

Good Law
1994 Cal. App. LEXIS 1014·28 Cal. App. 4th 1205·34 Cal. Rptr. 2d 319·94 Daily Journal DAR 13938·94 Cal. Daily Op. Serv. 7631
Court of Appeal of CaliforniaOctober 3, 1994E011954California2,995 words

Opinion

Opinion

McKINSTER, J.

The County of Riverside (County) appeals from a judgment against it in an action brought by a rape victim, Amylou R. We modify the judgment to eliminate any recovery for tortious acts for which the County is statutorily immune, and affirm the judgment as modified.

Factual and Procedural Background

On March 24, 1986, Amylou, then aged 15, and her friend, Diane Harper, were walking from La Sierra High School toward a 7-Eleven store. Joseph Hart, a stranger to Amylou, drove up beside them and offered to pay them $1,000 if they would act as lookouts while he harvested marijuana. Hart drove the girls to a remote area, raped and murdered Harper, and sodomized and raped Amylou and forced her to orally copulate him. Amylou convinced Hart to release her. He allowed her to put her blouse and skirt back on and drove her to a convenience store, where he gave her a quarter for the phone before leaving.

During the investigation of the crimes, an antagonistic relationship developed between Amylou and the investigating officers, Deputy Shannon and Detectives Lackie and Moker. The fact that Amylou had not been killed along with her friend, conflicting accounts as to which of the girls…

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