McTaggart

McTaggart v. Taylor

Good Law
48 F. App'x 237
United States Court of Appeals for the Ninth CircuitOctober 1, 2002No. 01-35730; D.C. No. CV-99-01152-JCCCalifornia858 words

Opinion

Lead Opinion

MEMORANDUM **

After James Taylor, recreation director for the City of Burlington, placed a videotape in the restroom of the Recreation Building, Lynn McTaggart, along with other plaintiffs videotaped by Taylor, brought suit against Taylor, the City Personnel Director Richard Patrick, and the City of Burlington. McTaggart currently appeals the district court’s grant of summary judgment in favor of defendants Patrick and the City of Burlington, dismissing McTaggart’s state law claims of negligent supervision and hiring, as well as her claims pursuant to 42 U.S.C. § 1983 (“ § 1983”). We affirm. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

1. McTaggart did not present sufficient evidence from which a reasonable jury could infer that either Patrick or the City of Burlington “knew, or in the exercise of reasonable care should have known” that Taylor “presented a risk of danger to others,” Thompson v. Everett Clinic, 71 Wash.App. 548 , 860 P.2d 1054, 1058 (1993) (citations omitted), and that the “field of danger” he created included the videotaping of women and children in the restroom of the Recreation Building, McLeod v.…

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