L.W.
L.W. v. Dee Grubbs, Thomas Nelson Marlin Hutton Richard Hill James Nanson
Opinion
Opinion
Goodwin, J.
L.W., a registered nurse employed by the State of Oregon at a medium security custodial institution for young male offenders, was raped and terrorized by an inmate. She sued under 42 U.S.C. § 1983 for damages, and appeals the district court’s judgment of dismissal under Fed.R.Civ.P. 12(b)(6) for failure to state a claim against defendants Dee Grubbs, Thomas Nelson, Marlin Hutton, Richard Hill and James Nanson (collectively, “Defendants”). We reverse.
Defendants are state employees who served as L.W.’s supervisors at the custodial institution. According to L.W.’s complaint, which, for Rule 12 purposes, we must accept as true, Western Reserve Oil & Gas Co. v. New, 765 F.2d 1428, 1430 (9th Cir.1985), Defendants hired her to work in the institution’s medical clinic and led her to believe that she would not be required to work alone with violent sex offenders. On August 15, 1989, however, Defendants selected inmate David Blehm to work with L.W. alone in the clinic. Blehm was a violent sex offender who had failed all treatment programs at the institution. According to his files, Blehm was considered very likely to commit a violent crime if placed alone with a female. Once alone with…