## Facts

- A minor (John Doe) was placed in a state-operated residential treatment program for juvenile sex offenders run by Northern Nevada Child and Adolescent Services, within Nevada’s Department of Human Resources, Division of Mental Hygiene and Mental Retardation.
- Mike Peters, a state employee and program supervisor, was responsible for supervising residents, including during evening bed checks.
- After Peters was removed from his supervisory role, Doe reported Peters had repeatedly sexually assaulted him while Doe was a resident.
- Doe’s mother, Julie Jimenez, sued the State as guardian ad litem, asserting negligent supervision and seeking damages for harms tied to false imprisonment, battery, and sexual assault.
- After a bench trial, the district court found the State liable for nine counts of sexual assault and one count of negligent supervision, awarding $50,000 on each count (the statutory maximum per count).
- The State appealed, disputing liability for the intentional tort counts and arguing the negligent-supervision damages duplicated the sexual-assault awards.
- The Nevada Supreme Court issued a merits opinion affirming in part and reversing in part; later, the appeal was dismissed by stipulation and the merits opinion was withdrawn.

## Issues

1. Whether Nevada’s statutory waiver of sovereign immunity permitted damages against the State, subject to statutory caps, for intentional torts (sexual assault) committed by a state employee in a state-run facility.
2. Whether awarding separate capped damages for negligent supervision, in addition to capped damages for multiple sexual-assault counts, constituted an impermissible double recovery for a single injury.

## Decision

- The court’s merits opinion (later withdrawn) affirmed the district court’s liability findings and capped damages awards on the nine sexual-assault counts against the State.
- The withdrawn opinion affirmed liability on negligent supervision but reversed the separate $50,000 negligent-supervision damages award as duplicative.
- The proceedings were later dismissed by stipulation, and the merits opinion was withdrawn.

## Legal Principles

- Under Nevada’s statutory waiver of sovereign immunity, the State may be subject to tort liability, within statutory limits, for actionable conduct occurring in connection with state programs and state employees’ roles.
- A plaintiff may plead and prove multiple liability theories (e.g., negligent supervision and intentional torts), but damages may not be awarded twice for the same injury.
- When damages awarded under one theory fully compensate the injury addressed by another theory (within applicable caps), an additional award constitutes an impermissible double recovery.

## Conclusion

In the withdrawn merits disposition, the court allowed capped recovery against the State for nine sexual assaults committed by a state employee in a state-run residential program, but eliminated an additional negligent-supervision damages award as duplicative; the appeal was later dismissed and the merits opinion withdrawn.


Dep’t of Hum. Res., Div. of Mental Hygiene & Mental Retardation v. Jimenez, 113 Nev. 356, 935 P.2d 274 (Nev. 1997)