City Not Liable for Alleged Assault at Porn Gathering

(CN) - A woman who claims she was sexually assaulted by firefighters at the Porn Star Costume Ball in 2004 can't sue the city of Sacramento over the incident, a California appeals court ruled.

M.P. was working as a photographer at the event when she accepted an invitation to photograph a pair of firemen on their truck. There, she said, is where the attack took place.

She sued the city based on the California Supreme Court ruling in Mary M. vs. City of Los Angeles (1991), which determined that a city could be held liable for a rape committed by an on-duty police officer.

The 3rd District Court of Appeal in Sacramento opened the opinion by stating: "Not all of the opinions of the California Supreme Court have stood the test of time."

Scotland affirmed the dismissal of M.P.'s lawsuit against the city.

"The alleged sexual assault by the firefighters in this case was not conduct within the scope of their employment and cannot support a finding that their employer, the City of Sacramento, is vicariously liable for the harm," Justice Scotland wrote.

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