Is slapping a mentally ill groper abuse?

CHARLESTON, W.Va. — A federal judge in West Virginia dismissed the lawsuit brought by a former certified nursing assistant who violated her hospital’s policy against abusing residents when she smacked the hands of a patient, who has very limited mental capacity and inhibitions, who groped her breasts and vaginal area while she was caring for him. The slap was not a “protected activity in opposition to an unlawful workplace practice.”