Grager v. Schudar

770 N.W.2d 692 (2009)

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Nature of the Case

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Facts

P sued D alleging that while P was incarcerated, D sexually assaulted her. D pled guilty to sexual abuse of a ward under N.D.C.C. § 12.1-20-06, which proscribes a jailer's sexual act with a prisoner regardless of the prisoner's consent. In her civil action, P sued for assault, battery, intentional infliction of emotional distress, and a violation of her civil rights, and she also sued Barnes County for negligent supervision of d and a violation of her civil rights. A jury found that Barnes County was not at fault and that P consented to D's conduct. P's action was dismissed. P appealed.