Gay v. United States

MEMORANDUM OPINION

SMALKIN, District Judge.

This is a case filed under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq., after exhaustion of administrative claims remedies. The plaintiff Jami Sue Gay was an inpatient at a federal health care facility, where she was the victim of an indecent assault by one Cibrian, then an enlisted member of the Navy assigned as a health care worker to the facility wherein plaintiff was confined. There appears to be no factual dispute about the particulars of the incident. As the plaintiff lay abed complaining of abdominal pain, Cibrian, who was…