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Hrm 510

In: Business and Management

Submitted By kdailey
Words 1018
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Assignment #1
Davis V. The Board of County Commissioners of Dona Ana Country

Kendra Dailey
Dr. Edward Sherbert
HRM 510
April 28, 2013
What was the legal issue in this case?
The legal issue pertaining to the case of Davis v. The Board of County Commissioners of Dona Ana County which could have been prevented through the act of ill will. Joseph Herrera was a detention officer at the Dona Ana County Detention Center in which he was accused of inappropriate sexual behavior with a female prisoner and in exchange for sexual favors. Knowing that Joseph Herrera had the potential of committing a crime but not stopping the act is just as guilty as the person that has committed the crime, with this case an employer owes prospective employers and foreseeable third persons a duty of reasonable care not to misrepresent material facts in the course of making an employment about Joseph Herrera. After resigning from the Dona Ana County Detention Center the director Frank Steele and Assistant director Al Mochen which were Joseph Herrera supervisors gave a positive recognition to the Mesilla Valley Hospital, in which he was hired as a mental health technician. Mariah C. Davis (plaintiff) was convinced that due to untruthful information provided by Steele and Mochen he was able to get employed at the hospital. In my opinion this case is very interesting and brought forth valid points with the case. It also raises the question of us being citizens of the United States are we responsible for displaying a duty of care with a complete stranger, and will we be held liable? Duties of care seems to go along with moral laws, are we being honorable citizens to one another, are we following the law of land, “love thy neighbor” or “do unto others as you would have them do unto you?
Why does the court conclude that Dona Ana County could be held liable for the negligent referral

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