Wednesday, August 29, 2012

Navy veteran cannot sue VA therapist over sexual abuse?

Vet Can't Sue U.S. Over Therapist's Sexual Abuse
By JOSEPH CELENTINO

CHICAGO (CN) - A Navy veteran cannot sue the U.S. government over sexual abuse by a Veterans Affairs therapist who treated him for mental illnesses, the 7th Circuit ruled.

Wisconsin resident Ronald Lee Glade was discharged from the Navy at 18 or 19 soon after joining because of ongoing mental illness. Sexually abused as a child, Glade suffered from PTSD, panic disorder and bipolar disorder, and may be schizophrenic.

The 64-year-old has been receiving inpatient and outpatient psychiatric treatment over the last 23 years from the VA, both at the agency's facilities and in his home.

In late 2007, a VA therapist began a sexual relationship with him. Though Glade initially resisted, the therapist insisted that it was a necessary part of treatment.

Glade complained to another psychologist in 2008, and after a VA investigation, the therapist admitted the sexual relationship.

Glade sued under the Federal Tort Claims Act, claiming the sexual abuse caused emotional distress that exacerbated his illness.

But because the FTCA specifically exempts claims of battery by federal employees, Glade alleged negligence by the therapist's supervisors in failing to detect and prevent the sexual battery.
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