In Graf v. Morristown-Hamblen Hospital Ass'n, decided Wednesday by Sixth Circuit Judge Karen Nelson Moore, joined by Judges Richard Griffin and John Nalbandian, Graf—a nursing assistant technician—said that Ogle, a security guard, "had raped her" "during a lunch break and on hospital grounds." The hospital "determined that the sexual interaction between Graf and Ogle had been consensual," and fired "Graf on the grounds that she had violated hospital policy by having intercourse while on the clock and in an unauthorized area." (Ogle was also fired.)

Graf sued, claiming she was retaliated against for having brought the complaint, but the jury "returned a verdict in favor of MHHA on all counts." The court affirmed; here is an excerpt of the facts:

Records obtained during the discovery proce

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