Spurlock v. Townes

Summary

The New Mexico Supreme Court held that the private prison operator and its warden are vicariously liable for all compensatory damages caused by a corrections officer’s intentional sexual assaults because the officer was aided by the authority of his agency relationship. The Court also ruled that no affirmative comparative‑fault defense applies to reduce those damages, as fault of the intentional tortfeasor is not subject to reduction and employer fault is not required.