City of Orange Ruled Liable in Alleged Fondling by Officer

The city of Orange was indirectly liable for a police officer who allegedly fondled a woman who was handcuffed in the backseat of a patrol car, an Orange County Superior Court commissioner ruled Friday.

Commissioner Dennis J. Keough awarded $16,440 to the woman, who asked that her name not be used because of the nature of the case.

Attorneys had agreed to let the commissioner, not a jury, decide the case.

The woman alleged that on the morning of Dec. 26, 1994, after being cited and released on suspicion of drunk driving, Officer Randall L. Driver drove her home, and fondled her while she was handcuffed in the backseat.

The woman also alleged that on separate occasions Driver twice forced her to commit a sex act after threatening to use her criminal record against her, according to her lawsuit filed in November 1995.

Keough ruled that the city was indirectly liable for the fondling incident, which occurred while Driver was on duty. However, he said that there was not enough evidence that the second incident occurred. He ruled that the city could not be held liable for the third incident because it occurred while Driver was off duty.

Driver was fired for inappropriate behavior shortly after an initial investigation into the allegations, police said. He has since moved to another part of the country and could not be reached for comment.