Grager v. Schudar

770 N.W.2d 692 (2009)

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Grager v. Schudar

North Dakota Supreme Court
770 N.W.2d 692 (2009)

  • Written by Mary Pfotenhauer, JD
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Facts

Kevin Schudar, a jailer at the Barnes County Jail, engaged in sexual conduct with Michele Grager while she was a prisoner there. Schudar pled guilty to sexual abuse of a ward under the North Dakota criminal code. Grager (plaintiff) then sued Barnes County and Schudar (defendants) for assault, battery, intentional infliction of emotional distress, and a violation of her civil rights. The district court instructed the jury that if Grager consented to or participated in the sexual conduct it would be a complete defense to her claims. The jury found that Grager consented to Schudar’s conduct, and the district court dismissed Grager’s claims. The district court denied Grager’s motion for a new trial, and Grager appealed, arguing that the district court erred in instructing the jury that consent was a complete defense to her claims.

Rule of Law

Issue

Holding and Reasoning (Kapsner, J.)

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