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SKILLE v. MARTINEZ

A159729.

406 P.3d 126 (2017)

288 Or.App. 207

Kia SKILLE, Plaintiff-Appellant, v. Tony Rey MARTINEZ, in his individual capacity, Defendant, and Oregon State Hospital, a State agency; and Department of Human Services, a State agency, Defendants-Respondents.

Court of Appeals of Oregon.

October 11, 2017.

Attorney(s) appearing for the Case

Kevin T. Lafky , Salem, argued the cause for appellant. With him on the briefs were Daemie M. Kim and Lafky & Lafky.

Peenesh Shah , Assistant Attorney General, argued the cause for respondents. With him on the brief were Ellen F. Rosenblum , Attorney General, and Paul L. Smith , Deputy Solicitor General.

Before DeVore, Presiding Judge, and Garrett, Judge, and Wollheim, Senior Judge.

Plaintiff brought this action against the Department of Human Services (DHS), the Oregon State Hospital (OSH), and Martinez, an OSH employee, alleging that Martinez sexually assaulted her by means of using his custodial position to "groom" her and exploit her mental illness and vulnerability to obtain sexual favors while she was under...

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