Rape accuser files claim against state

A former psychiatric patient at Eastern State Hospital who was allegedly raped by her nurse has filed a $750,000 tort claim against the state of Washington.

An attorney for the 29-year-old woman said the alleged rape on June 10, 2004, had led to further emotional distress and anxiety.

“This is a patient who was extremely vulnerable,” said attorney Jim Sweetser. “She’s very fragile. That’s what makes it so egregious.”

Guy M. Johnston, a 43-year-old licensed practical nurse, is awaiting trial for allegedly raping the patient last spring at the psychiatric hospital in Medical Lake. Hospital management assigned Johnston, who had a history of work problems, to one-on-one care of the woman, who was reportedly suicidal, according to state records.

Court records allege that Johnston locked the woman in a laundry room at the hospital and raped her. At the time, he had convictions for malicious mischief and assault, five arrests and two internal complaints of sexual abuse, according to state records.

The tort claim was received this week by the risk management division of the state Office of Financial Management. A state investigation must be completed before the matter can be filed as a lawsuit.

Sweetser said the state hospital was aware of past complaints about Johnston but failed to properly discipline the nurse.

In 2002, the Department of Social and Health Services conducted a background check of 13,000 employees, including Johnston. Despite Johnston’s history, a state review board unconditionally approved him to work with children and vulnerable adults.

“What’s it going to take for the state of Washington to get rid of (employees) like this who pose a risk to vulnerable people?” Sweetser asked.

A hospital official did not return a phone call on Wednesday. A DSHS spokesman said he could not comment on pending litigation.