Cynthia Fuller v. Idaho Dept. of Corrections

Dissent by Judge IKUTA

OPINION

HURWITZ, Circuit Judge:

Cynthia Fuller was raped by an Idaho Department of Corrections (“IDOC”) coworker. Before that sexual assault, the IDOC had placed the co-worker, whose *1158conduct had been the subject of several complaints by female employees, on administrative leave because he was under criminal investigation for another rape. Shortly before Fuller was raped, a supervisor told employees (including Fuller) that the agency “looked forward” to the co-worker’s prompt return from leave. One day after Fuller reported the rape, a supervisor told her that the rapist…