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.