Botello

I. Background

We take the following facts from Botello’s first amendment complaint.1 In December 2001, Botello was employed by the 1 Because the district court granted a Rule 12(b)(6) dismissal, we accept the facts as alleged by Botello. BOTELLO v. GAMMICK 7519 Washoe County Sheriff’s Office (“WCSO”) as a child sexual assault investigator. Botello was one of the few Spanish- speaking investigators in the County and was frequently cal- led upon by fellow workers and outside police departments to assist in investigating cases involving Spanish-speaking vic- tims, suspects and witnesses. In the course of his duties, he learned that Nurse Lily Clarkson, who regularly testified as a medical expert in child sexual assault cases, was “indisputa- bly wrong” in her medical finding that a certain female child had been sexually penetrated, had no hymen and was the clear victim of sexual abuse.2 In addition, Botello learned that Clarkson was equally mistaken in her separate conclusion that the child’s sister was similarly injured.

In separate follow-up examinations of the sisters, three pediatricians at three different medical facilities found that there was no…