In L.W. v. Grubbs (9th Cir. 1992) 974 F.2d 119, the Ninth Circuit again applied the danger-creation exception. In that case, a registered nurse employed by the State of Oregon at a prison brought suit against state prison officials after she was assaulted by an inmate. The court held that the prison officials could be held liable under section 1983 because they "created the danger to which the plaintiff fell victim" by knowingly selecting a violent sex offender to work alone with her and by misrepresenting to the victim the risks attending her work. (Id. at p. 121.) On appeal following remand to the district court, the Ninth Circuit addressed the level of culpability upon which a state official can be held liable under the danger-creation theory, and held that gross negligence on the part of the state official was insufficient. (L.W. v. Grubbs (9th Cir.1996) 92 F.3d 894, 899-900.) Instead, "the plaintiff must show that the state official participated in creating a dangerous situation, and acted with deliberate indifference to the known or obvious danger in subjecting the plaintiff to it. Only if the state official was deliberately indifferent does the analysis then proceed further to decide whether the conduct amounts to a constitutional violation." (Ibid.)