In a legal battle that illuminates the paramountcy of holding law enforcement accountable for their actions, Rebecca Zander’s valiant struggle for justice against the Sheriff’s Department of Lake County, Indiana, has taken a momentous turn. Zander lodged claims of negligence, intentional tort, and civil rights violations against Deputy Sheriff Samuel Orlich, Jr., as well as negligence claims against Sheriff John Buncich. In this blog post, we will scrutinize the court’s ruling and its ramifications for respondeat superior and negligent hiring claims.

Respondeat Superior: Vicarious Liability

Under Indiana law, vicarious liability can be imposed on an employer through the doctrine of respondeat superior when an employee inflicts harm while acting within the compass of their employment. In Zander’s case, she endeavored to hold Sheriff Buncich vicariously liable for the assault perpetrated by Deputy Sheriff Orlich. The district court initially bestowed summary judgment to Buncich on the respondeat superior claim, stating that Orlich’s actions were beyond the scope of his official duties.

However, the appellate court overturned this decision, accentuating that the pivotal inquiry is whether the tortious act emerged organically or predictably from the employment context. In a parallel case involving a police officer’s sexual assault, the Indiana Supreme Court had previously maintained that the expansive authority and power conferred upon police officers can engender vicarious liability for the employer. The court discovered that Orlich misused his employer-conferred power by sexually assaulting Zander while responding to a domestic disturbance call. Consequently, the question of whether Orlich’s actions fell within the scope of his employment should be adjudicated by a jury.

Negligent Hiring, Training, and Retention

Zander further contended that Sheriff Buncich was derelict in hiring, training, and retaining Deputy Sheriff Orlich. Under Indiana law, employers can be held liable for the negligent actions of their employees if they knew or ought to have known about the necessity and opportunity to control the employee’s behavior. To prevail in this claim, Zander had to evince that Buncich knew or had grounds to believe that Orlich would perpetrate the assault and neglected to take appropriate measures to avert it.

In this case, there was no evidence to intimate that Buncich should have been apprised of Orlich’s inclination for such misconduct. The court ascertained that there was no history of this category of misconduct on Orlich’s part and thus, Buncich was not derelict in hiring, training, or retaining him. Accordingly, the district court’s grant of summary judgment in favor of Buncich on the negligent hiring claim was upheld.


The Zander case serves as a poignant reminder of the urgency of holding law enforcement accountable for their actions. While the district court initially granted summary judgment to Sheriff Buncich, the appellate court recognized the potential for vicarious liability under the doctrine of respondeat superior. The court underscored that the abuse of power and authority by law enforcement officers, even if beyond the scope of their official duties, can still engender employer liability.

On the contrary, the court affirmed the summary judgment in favor of Buncich on the negligent hiring claim, as there was no evidence to indicate that Buncich knew or ought to have known about Orlich’s misconduct.

This case accentuates the imperative for law enforcement agencies to implement robust hiring, training, and retention practices to guarantee the safety and well-being of the public. It also underscores the significance of the legal system in holding individuals and organizations accountable for their actions, particularly when they entail violations of civil rights and negligence.

Ultimately, Rebecca Zander’s pursuit of justice against the Sheriff’s Department of Lake County, Indiana, has paved the way for heightened scrutiny and accountability within law enforcement.

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