Hoblitzell

Timothy Hoblitzell (plaintiff) appeals from a summary judgment in favor of the City of Ione (City) on plaintiff’s claim that the City was vicariously liable for the allegedly tortious conduct of two of its employees.

This appeal requires us to decide whether public employees who commit tortious acts while acting outside their employer’s jurisdiction, outside of their official duties, and for personal reasons may nonetheless be deemed to be acting within the scope of their employment. We conclude that they are not and shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. Plaintiff’s Action

In his complaint, the plaintiff, who was a contractor at a construction site, claimed that on November 3, 1999, at the request of a disgruntled former employee (defendant Jim Brown), defendants Jeff Barnhart and Don Myshrall—a law enforcement officer and a building inspector, respectively, employed by the City—came to the job site in an unmarked vehicle, identified themselves as building inspectors, and told the property owner that plaintiff had been performing the construction without permits and that the site should be shut down. They also made disparaging remarks about…