Donald D. Hesselgesser v. William J. Reilly, Sheriff of Spokane County, Washington, E. Byron Franz, and Fidelity and Deposit Company of Maryland

The issue presented on this appeal is whether, in a civil rights action, the Sheriff of Spokane County, Washington, and his official bond, are liable in damages for the act of a deputy sheriff, serving as jailer, in depriving a prisoner of his civil rights. The jury said “yes,” and awarded the prisoner-plaintiff $12,500 damages against the sheriff and his surety, as well as against the deputy. The district court said “no,” and granted judgment n. o. v. for the sheriff and his surety. The plaintiff appeals. We say “yes,” and reverse.

The plaintiff is Donald D. Hesselgesser. He was arrested on October 11, 1967, on a charge of unlawful possession of an explosive device, and lodged in the Spokane County jail. The jail was under the direction and supervision of William J. Reilly, Sheriff of Spokane County. The surety on his official bond was Fidelity and Deposit Company of Maryland. Deputy Sheriff E. Byron Franz was on duty at the jail.

On February 13, 1968, while still being held in jail, Hesselgesser prepared an application for a writ of habeas corpus and handed it to Deputy Sheriff Franz for delivery to the Spokane County Superior Court. Franz did not deliver the document to the…