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GRAGER v. SCHUDAR

No. 20080302.

770 N.W.2d 692 (2009)

2009 ND 140

Michele DeeAnn GRAGER, Plaintiff and Appellant v. Kevin SCHUDAR, individually and as an Employee of Barnes County, North Dakota, and Barnes County, a political subdivision of the State of North Dakota, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied August 27, 2009.

Attorney(s) appearing for the Case

Michele DeeAnn Grager, Dwight, ND, pro se, plaintiff and appellant.

Randall J. Bakke (argued) and Shawn A. Grinolds (on brief), Smith Bakke Porsborg & Schweigert, Bismarck, ND, for defendant and appellee Kevin Schudar.

Howard D. Swanson, Letnes, Marshall, Swanson & Warcup, Ltd., Grand Forks, ND, for defendant and appellee Barnes County.

KAPSNER, Justice.

[¶ 1] Michele Grager appeals from a judgment and from an order denying her motion for a new trial in her action against Barnes County and Kevin Schudar, a jailer at the Barnes County Jail, stemming from Schudar's sexual act with Grager while she was a prisoner at the Barnes County Jail. A jury found that Barnes County was not negligent in supervising Schudar and that Grager consented to Schudar's...

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