DATE: September 8, 2026
TO: Board of Supervisors
SUBMITTED BY: Hollis Magill, Director of Human Resources
SUBJECT: Request to Defend Public Officers or Employees
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute “Agreement to Defend Public Officers or Employees, Reservation of Rights, and Non-Waiver” for the employees listed below:
Name of
Employee Current Position Title of Action
Terrill Lewis Senior Correctional Officer, Devin Trevone Lamar III
Sheriff Department v
T. Lewis, et al.,
Moises Franco Correctional Officer II,
Sheriff Department
REPORT
Description:
Plaintiff alleges excessive force by Fresno County Correctional Officers. He alleges he was punched in the right rib cage, slammed against the wall, and smacked in the left ear. This allegedly caused bodily injuries. The employees were employed with the Sheriff’s Office at the times relevant to the allegations in the lawsuit.
Fresno County Claim No.: GHC0099202
Eastern District Court: 1:23-cv-01594-JLT-FJS
Plaintiff: Devin Trevone Lamar III
ALTERNATIVE ACTION(S):
No alternative action is available because Article 4 (commencing with section 825), Chapter 1, Part 2, Division 3.6 of Title 1 of the Government Code requires the County to indemnify its public employees who timely request such defense.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. Funds to finance the cost of defense are contained in the Department’s Org 8925, Risk Management Internal Services Fund. Defense costs are supported by annual budgetary contributions based on actuarial projections.
DISCUSSION:
The California Government Code requires the County to defend its officers and employees who are sued because of their actions while in the course and scope of employment, if they timely request such defense. The County may require officers and employees to agree that the County’s rights under the law are protected.
In the above-mentioned action, the employees who have been named in the suit have requested the County to provide legal defense. The necessary agreement to protect the County’s rights have been signed by said employees and is on file with the Clerk of the Board.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Agreement to Defend Public Officer or Employee, Terrill Lewis
On file with Clerk - Agreement to Defend Public Officer or Employee, Moises Franco
On file with Clerk - Exhibit “A” Article 4. Indemnification of Public Employees
CAO ANALYST:
Sevag Tateosian