The Spanish director is a master of gonzo porn, but this flamboyant sex freak often enjoys seeing the girls before doing the actual video shoots and injects a dose of fantasy into his kinky performances.
These sexual abuse cases arise under the Federal Tort Claims Act. 28 U.S.C. 2671. The defendant moves to dismiss both cases for lack of jurisdiction over the subject matter. Rule 12(b) (1), Fed.R.Civ.P.[1] It argues, inter alia, that the plaintiffs' claims are barred by the intentional tort exception to the Act, 28 U.S.C. 2680(h), and that the government's employee, Edmundo Rodriguez, was acting outside of the scope of his employment when he sexually assaulted the girls. This court agrees with the defendant. For reasons to be stated, it is the opinion of this court that the defendant's motion to dismiss should be granted.
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Thigpen's case is similar. Following her appendix surgery on March 18, she was taken to the hospital's Intensive Care Unit. While recovering from the anesthesia, she was attended by Rodriguez. From the Intensive Care Unit, Thigpen was transferred to Kramber's room. During the early morning hours of March 19, Rodriguez came into the girls' room. First, he approached Thigpen, who was asleep. She awoke and found Rodriguez examining the intravenous needle in her arm. He asked her if it was bothering her. She said that it was and asked that a cool rag be placed on her forehead.
The following morning the girls discussed the incident between themselves. Mrs. Kramber visited her daughter. When she took her into the bathroom to help her change clothes, Kramber started crying and told her mother about the corpsman's attack. Mrs. Kramber became very upset, confronted her daughter's treating physician, Dr. Pearce, and told him she wanted her daughter out of the hospital. Pearce's initial response was that Kramber probably suffered a reaction to her medication. Mrs. Kramber pressed him with the matter. After conferring with another doctor, Pearce removed Kramber's stitches and discharged her from the hospital.
Thus, Mrs. Andrews' claim was not barred by the assault/battery exception because Gee obtained her consent over a 5 month relationship. In this case, both girls resisted the advances of a corpsman who entered their room for a few minutes, returned the next night, and then was gone forever.
Rodriguez was a hospital corpsman. His duties did not include assaults and batteries on children. He was not furthering his master's employment when he sexually assaulted Thigpen and Kramber. Instead, he was furthering his own self-interest. His conductforcing the girls to touch his groin area and fondling Kramberwas not part of their medical care.
Gabrielle Rivera is an awesomely queer Bronx bred, writer, spoken word artist and director. Her short stories and poems have been published in various anthologies such as the Lambda Award winning Portland Queer: Tales from the Rose City and The Best of Panic! En Vivo from the East Village. Her short film "Spanish Girls are Beautiful" follows a group of young Latina and Caucasian girls who like girls as they hook up, smoke up and try to figure sh*t out.She also freelances for Autostraddle.com while working in the film and television industry. Gabrielle is currently working on her first novel while bouncing around NYC performing spoken word and trying to stick it to the man. 2ff7e9595c
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