Gibbons v. American Samoa Government

OPINION AND ORDER

Introduction

On February 16, 1992, plaintiff Virginia Gibbons (“Gibbons”), was sexually assaulted by Maosi Fuala'au (“Fuala'au”) after he escaped from the American Samoa Government Correctional Facility in Tafuna (“Correctional Facility”) where he was serving a prison sentence for the earlier sexual assault of another Government Housing tenant. Gibbons brought suit for toft damages under two theories of liability. She alleges the American Samoa Government (“ASG”) breached its duty of care in its capacity as prison custodian and breached its duty of care in its capacity as her…