Sexual Abuse Conviction Affirmed, and Tort Action

By FindLaw Staff on August 03, 2010 | Last updated on March 21, 2019

Boudwin v. Hastings Bay Marina, Inc., No. 09-2393, concerned a negligence action for injuries plaintiff sustained when he fell into a hatch in a boat on defendant-marina's premises.  The court affirmed summary judgment for defendant on the grounds that 1) no reasonable jury could find in favor of plaintiff under typical respondeat superior grounds; and 2) no reasonably prudent person would believe the harbor master had the authority to break into a boat, irrespective of his statements to the contrary, which were irrelevant for purposes of the apparent authority inquiry.

In US v. Cook, No. 09-2323, the court affirmed defendant's sentence for engaging in and attempting to engage in sexual contact with the intent to abuse the victim in Indian country, on the ground that the district court did not abuse its discretion in finding defendant's criminal history category understated his actual criminal history and likelihood of recidivism.

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