Linda Gilstrap v. Amtrak, Also Known as the National Passenger Railroad Corporation Michael Stallworth

HEANEY, Senior Circuit Judge.

Linda Gilstrap alleges that while traveling from California to North Dakota on a train operated by Amtrak, she was sexually assaulted by Michael Stallworth, an Amtrak employee. Gilstrap brought suit against Stallworth and Amtrak in the district court for the District of North Dakota, asserting various theories of liability. Stallworth failed to appear and a default judgment has been entered against him, but Amtrak did appear and moved for summary judgment. Applying the appropriate state’s laws to each of the claims, the district court dismissed all but one of the…