A.D. Doe And M.A. Doe v. May et al.

The plaintiff A.D. Doe for himself and his daughter M.A. Doe sued the Sheriff of Knox County and the County itself for damages when M.A. Doe was allegedly raped by a deputy sheriff. The complaint alleged that the sheriff was liable on his bond and on his oath of office and that Tenn. Code Ann. § 8-8-302 imposed liability on the County because the deputy was acting “by virtue of or under color of the office.” The Circuit Court of Knox County dismissed the complaint against the Sheriff and the County for the failure to state a claim. We affirm.