Security Services • The El Dorado Advantage • Request More Information • ONGUARD • Online Resources • EMail • El Dorado Home

The Guard Who Saw Ghosts
A guard alerted his supervisor that ghosts were haunting the neighborhood he was patrolling. The supervisor went to the scene but did not see any ghosts. Five hours later, the guard was fired and refused unemployment benefits for misconduct. The guard appealed. A judge hearing the appeal ruled that while seeing ghosts renders the man unfit to work as a security guard, it is not the type of misconduct that disqualifies him from receiving benefits. (Source: Security Law Newsletter, December 2005.)

Hollywood Detective Is Back in Jail
A grand jury in Los Angeles indicted Hollywood detective Anthony Pellicano for racketeering, conspiracy, wiretapping, and unauthorized access to protected government information. Previously, Pellicano served a 30-month sentence for illegal possession of grenades and plastic explosives.

Pellicano is now accused of illegally wiretapping and obtaining private information on Sylvester Stallone, Keith Carradine, Gary Shandling and Kevin Nealon, among others. One of Pellicano's methods was purchasing confidential criminal history and driving record information from law enforcement officers. What's not known at this point is the name of Pellicano's client.

Employer Not Liable For Negligent Retention of Violent Security Guard
SUMMARY: A federal district court found that an employer was not liable for negligent retention related to the employment of a security guard who assaulted a man.

FACTS: Todd Kohen was assaulted by Floyd Baxter, a security guard employed by Ford Motor Co. Kohen sued Ford, alleging negligent retention, premises liability and respondeat superior.

The employer admitted that Baxter was acting within the course and scope of his employment at the time of the assault. The employer claimed that because it admitted it had an agency relationship with Baxter, its liability for any negligence committed by him had already been established. Therefore, the employer claimed that Kohen could not continue with his negligent retention claim and filed a motion to dismiss that claim.

DECISION: The court agreed with the employer and dismissed the negligent retention claim. Once an employer has admitted an agency relationship, it is improper to allow an injured party to proceed on another theory that would impute liability to the employer based on the employee's actions. (Kohen v. Ford Motor Co. Security Law Newsletter, Feb. 2006.)

Store Not Liable for Discrimination Following Brief Detention of Customer
SUMMARY: A court of appeals ruled a premises owner is not liable for discrimination in a situation where a customer passed through the burglary sensor, the sensor sounded and the store security guard requested the customer to walk through the sensor again before releasing the customer.

FACTS: Nerissa Johnson, who is black, was exiting a retail store when the sensor alarm sounded. A security guard requested that Johnson pass through the sensor a second time. When the alarm did not sound the second time, the security guard allowed Johnson to leave.

Johnson claimed that a white woman passed through the sensor immediately prior to Johnson, but the security guard did not stop the other woman. Johnson sued the store for racial discrimination. The trial court refused to dismiss Johnson's case, and the store appealed.

DECISION: The court of appeals reversed the trial court's decision and dismissed the case because the store had a legitimate nondiscriminatory basis for momentarily detaining Johnson. Further, the court found that there was no evidence that the security guard saw the other woman or that the sensor sounded when the other woman passed through. The court stated that any evidence that Johnson presented was speculative.

IMPLICATIONS: When a security guard stops a customer for a legitimate and nondiscriminatory reason, such as the security sensor's sounding, and does not detain the customer for an unreasonable amount of time, there is no discrimination. (Johnson v. Lord & Taylor, No. 00239 N.Y. App. Div. Jan. 17, 2006. Security Law Newsletter, Feb. 2006.)

Owner of Security Company Sentenced For Firearms Conspiracy
U.S. District Judge Lynn Hughes sentenced Mario Arturo Fernandez, a convicted felon and owner of Houston-based Spartan Security Services, to 10 years in prison for illegally possessing a firearm in violation of his status as a convict.

Hughes departed from the sentencing guidelines of 57 to 71 months because Fernandez was also involved in a conspiracy to give firearms to Spartan employees, many whom were illegal aliens. In addition, Fernandez will pay a $15,000 fine and serve supervised release for three years following his period of incarceration. (Security Law Newsletter, Feb. 2006.)

Back to Main Security News

800.221.3386 • Fax 800.700.0126
specialist@eldoradoinsurance.com

Texas: 713.521.9251 • Fax 713.521.0125 • 2515 North Blvd. • Houston, Texas 77098

California: 661.377.0260 • Fax 661.377.0266 • 4100 Easton Drive, Ste. 2 • Bakersfield, CA 93309
Doing business in California under License #OE59720, dba El Dorado Security Services Insurance Agency.

Copyright © 1998-2006 El Dorado Insurance Agency, Inc.