9th Cir.;
14-16785

The court of vacated a judgment of dismissal and remanded. The court held that the plaintiff should have been granted leave to amend her complaint to support her claim of delayed accrual of injury from abuse suffered while incarcerated.

Between March and November 2011, Alexandria Gregg was periodically incarcerated at the Kauai Community Correctional Center (KCCC). While there, she participated in a women's “therapy” program run by Warden Neal Wagatsuma. Those who joined the program and complied with its requirements were housed in less restrictive jail environments. The therapy sessions involved “public sexual shamings,” in which inmates were forced to stand at a lectern and speak about their sexual histories before large groups of men and women inmates and staff. Wagatsuma asked Gregg how many sexual partners she had had, whether she had ever had sex while on drug, and whether she had ever been raped. He then ordered her to elaborate on the incidents of rape. Inmates were required to hold up “sexual photographs” of themselves while Wagatsuma called them “whores.” These sessions were videotaped and shown to the broader inmate population. These experiences “humiliated, embarrassed, and violated” Gregg, causing her to request a transfer to a different correctional facility. In 2014, she sought professional psychological help. Therapist Fran Tyson-Marchino diagnosed Gregg with “traumatic experience and adjustment disorders” caused by her participation in the prison “therapy” program. Tyson-Marchino opined that Gregg's psychological conditions were “directly attributable…to the trauma and sexual egregious acts” Gregg experienced while incarcerated.