Department of Human Resources, Division of Mental Hygiene and Mental Retardation v. Jimenez
Nevada Supreme Court
113 Nev. 356, 935 P.2d 274 (1997)
- Written by Meredith Hamilton Alley, JD
Facts
The Nevada Department of Human Resources, Division of Mental Hygiene and Mental Retardation (the state) (defendant) operated a treatment home for juvenile sex offenders (the home) and hired Michael Peters to supervise the home’s residents. A few months later, Peters’s coworkers complained about the way Peters treated his peers. Peters did not change his behavior and was placed on administrative leave. John Doe, a resident in the home, came forward with allegations that Peters had repeatedly sexually assaulted Doe when Peters conducted bed checks in the evening shift. Peters was transferred from the home to a different state program. Doe’s mother, Julie Jimenez (plaintiff) sued the state for negligent supervision of Peters and false imprisonment, battery, and sexual assault of Doe. The district court found that Peters sexually assaulted Doe nine times. The court found that the state was liable for $50,000 for each of nine counts of sexual assault and $50,000 for one count of negligent supervision. The state appealed, arguing that it had not waived sovereign immunity for the intentional tort of sexual assault.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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