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L.W. v. GRUBBS

Nos. 95-35624, 95-35968.

92 F.3d 894 (1996)

L.W., Plaintiff-Appellee, v. Dee GRUBBS; Thomas Nelson; Marlin Hutton; Richard Hill, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 9, 1996.

Attorney(s) appearing for the Case

Rives Kistler, Assistant Attorney General, Salem, Oregon, for defendants-appellants.

Kerry M.L. Smith, Smith & Fjelstad, Gresham, Oregon, for plaintiff-appellee.

Before: GOODWIN, THOMPSON and FERNANDEZ, Circuit Judges.

Opinion by Judge GOODWIN; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.

GOODWIN, Circuit Judge:

A female employee was assaulted and injured by a predatory inmate in a state institution and a jury awarded her $325,000 in damages against her supervisor. He appeals the judgment. We reverse.

PROCEDURAL HISTORY

In a prior appeal of this case, we reversed the Fed.R.Civ.P. 12(b)(6) dismissal of the complaint, holding that the complaint...

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