DSHS settles rape lawsuit

The state Department of Social and Heath Services settled a lawsuit Tuesday, awarding $2.5 million to a former patient at Eastern State Hospital who was raped by a nurse.

The woman, who is not named because she is a victim of a sex crime, had previously filed a $2.75 million tort claim against the state, arguing the hospital incorrectly left her in the care of Guylin M. Johnston, who was a nurse with a troubling background.

A Spokane jury convicted Johnston, 46, of second-degree rape in 2005, and a judge sentenced him to serve 9 ½ years in prison.

The disabled woman, and Seattle attorney David P. Moody, then sued the state alleging that hospital officials should have known not to allow Johnston access to the victim. DSHS governs Eastern State Hospital through its Mental Health Division.

Officials knew that another patient had alleged that Johnston raped her, had been sexually aggressive toward colleagues and had issues with mental instability, Moody said in a press release.

“DSHS allowed the nurse/rapist to have unsupervised access with vulnerable female patients and authorized him to bathe and administer drugs to female patients,” the press release states.

The settlement eliminated the need for the civil trial, which was scheduled for October. Previously, Moody orchestrated the largest ever jury verdict, $17.8 million, against DSHS, he said.

“After more than three years, DSHS has finally taken responsibility for violating my client’s civil rights,” Moody said. “One wonders why it took DSHS so long to acknowledge its errors.”

DSHS spokesman Jim Stevenson said the case was “really awful. I think from the agency’s standpoint, it was a terrible incident. We are relieved that we were able to resolve the legal issues and come to a settlement.”