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alleged sexual assault and rape. The two women then proceeded to
a hospital where Ms. Doe was examined with a "rape kit", and both
were questioned by the police. The police obtained a search
warrant for the hotel room where they seized certain pieces of
evidence.
Petitioner was arrested and charged with the sexual assault
of Ms. Doe and was indicted by a grand jury on charges of sexual
assault. In March 1992 the prosecutor's office filed a motion to
dismiss the sexual assault charges against petitioner due to a
lack of "sufficient evidence at this time to present to a jury
and prove the case beyond a reasonable doubt". The prosecutor's
motion was granted, and the court entered an order dismissing the
charges. Petitioner spent $45,431 of his personal funds
defending the criminal charges against him. No part of these
expenses were reimbursed by petitioner's employer, GBC.
On June 12, 1992, Ms. Doe filed a civil action against
petitioner, GBC, The Pointe, various insurance companies, and
other entities and individuals owned or employed by GBC or any of
its subsidiaries. In her civil suit, Ms. Doe alleged various
injuries and damages incurred by her as a result of the sexual
assault by petitioner. After the filing of various pleadings and
completion of discovery, the defendants made out-of-court
settlements with Ms. Doe. On November 3, 1993, petitioner and
his personal liability insurance company, United Services
Automobile Association (USAA), entered into an out-of-court
settlement with Ms. Doe that called for the payment of $30,000 to
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