Case 3:18-cv-00223-HZ Document 1 Filed 02/01/18 Page 1 of 5 Judy Danelle Snyder, OSB No. 732834 E-mail: judy@jdsnyder.com Holly Lloyd, OSB No. 942979 E-mail: holly@jdsnyder.com 1000 S.W. Broadway, Suite 2400 Portland, OR 97205 Telephone: Facsimile: (503) 241-2249 Of Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION LUKE KIRK, v. Plaintiff, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, Case No. COMPLAINT (Federal Tort Claims Act, 28 U.S.C. 1346(b), professional negligence) Defendant. PRELIMINARY STATEMENT 1. This action is an action for damages against defendant United States Department of Veterans Affairs under the Federal Tort Claims Act ( FTCA ). 2680. JURISDICTION 2. Jurisdiction is conferred upon this Court by the 28 U.S.C. 1346(b) and 2671-3. Venue is within the District of Oregon pursuant to 28 U.S.C. 1391(b) as the claim arose in this judicial district. PAGE 1 - COMPLAINT
Case 3:18-cv-00223-HZ Document 1 Filed 02/01/18 Page 2 of 5 4. Plaintiff timely submitted his claim to the U.S. Department of Veterans Affairs, by letter dated July 6, 2017, receipt of which was acknowledged on July 14, 2017, and the Department of Veterans Affairs, through the Office of Regional Counsel, did not respond within six months, thereby constructively denying the claim. PARTIES 5. Plaintiff is a 100% service-connected disabled veteran who received medical and therapeutic treatment and services at the Portland Veterans Affairs Medical Center ( VAMC ). 6. Defendant United States Veterans Affairs owns and operates the Portland VAMC located in Portland, Oregon, to provide medical care and services to veterans. GENERAL ALLEGATIONS 7. Beginning on or about November 19, 2015, plaintiff received mental health treatment and therapeutic services from Ami D. Phillips ( Phillips ), a licensed social worker employed by defendant to provide mental health services to veterans at the Portland VAMC. At all material times, Phillips was acting in the course and scope of her employment and was motivated, at least in part, to serve defendant. 8. On or about April 26, 2016, Phillips began fostering a personal relationship with plaintiff while and during providing mental health treatment to plaintiff. Phillips engaged in behavior that fell below the professional standards for a social worker, including physically touching, hugging, and kissing during mental health treatment sessions. During sessions, Phillips would sit on a counter next to plaintiff and put her legs over him. Plaintiff would also lean on Phillips, resting his head on her breast. In one session, Phillips took plaintiff s hands and placed them on her hips and asked him how it felt. Phillips and plaintiff kissed and hugged at the end of plaintiff s last session with Phillips. 9. Phillips gave plaintiff her personal cell phone number and called and exchanged over 4000 personal text messages with plaintiff in which she asked him to marry her, raise an adoptive child with her, and spend personal time together outside of their therapy sessions. These PAGE 2 - COMPLAINT
Case 3:18-cv-00223-HZ Document 1 Filed 02/01/18 Page 3 of 5 topics were also discussed during plaintiff s therapeutic sessions. Phillips continued to engage in the personal relationship with plaintiff until June 6, 2016. 10. Phillips also engaged in social outings with plaintiff, including going to plaintiff s apartment, meeting plaintiff for drinks and dinner at local restaurants, and taking a trip to the beach. Phillips tried to initiate sexual relations with plaintiff, but plaintiff refused to have sex with Phillips. 11. Phillips used her position and influence to induce plaintiff to trust her enough to agree to a personal relationship with plaintiff that ended only when Phillips tried to kill herself and/or plaintiff during a social outing to the beach. 12. On or about June 6, 2016, plaintiff told Phillips that he was going to report her to the VA. Phillips told plaintiff that if he reported their relationship to anyone, she would report plaintiff to the VA police as dangerous and for threatening her life. The allegations that he was dangerous and that he had threatened Phillips were false. 13. On or about June 8, 2016, plaintiff filed a complaint with the VA Regional Office in Portland, Oregon, reporting his relationship with Phillips and Phillips conduct towards him. 14. On or about that same day, Phillips falsely reported to the VA police that plaintiff had threatened to kill her and was extorting her for money. Phillips s report prompted the Portland VAMC to shut down the mental health clinic for the remainder of the day. CLAIM FOR RELIEF Professional Negligence - Vicarious Liability 15. Plaintiff realleges and incorporates paragraphs 1 through 14 above. 16. As a licensed social worker, Phillips owed plaintiff a duty of care to promote his wellbeing and treat him in a professional and respectful manner, including limiting her interactions with plaintiff to those actions and attitudes that will be beneficial to plaintiff or administratively necessary to support the therapeutic environment. Phillips also owed plaintiff a duty to avoid engaging in a sexual relationship with plaintiff, to avoid entering into a relationship with plaintiff that increased the PAGE 3 - COMPLAINT
Case 3:18-cv-00223-HZ Document 1 Filed 02/01/18 Page 4 of 5 risk of exploitation for her own advantage, to avoid entering a dual relationship with plaintiff that might impair her professional judgment or impair the quality of services provided to plaintiff, and to avoid communication with plaintiff using technology for personal or non-work-related purposes. 17. Phillips breached the standard of care of professional social worker by using her professional position as plaintiff s mental health social worker to engender and foster a personal, physical relationship with plaintiff, a vulnerable mental health patient, by communicating with plaintiff through technology for personal or non-work-related purposes, by engaging in a dual relationship with plaintiff, by engaging in sexual activity with plaintiff, and by engaging in conduct that increased the risk of exploitation of plaintiff for her own advantage. 18. Phillips further breached the standard of care by making false and defamatory statements regarding plaintiff by accusing plaintiff of making threats of harm and extorting money from her. 19. As a result of Phillips negligent conduct, plaintiff suffered from fear of criminal prosecution, interference with his progress in therapy, loss of trust in other medical or mental health providers, interference with ongoing medical and mental health treatment, pain, emotional distress, loss of enjoyment of life, loss of interest in life and suicidal ideation, anxiety, and will suffer future emotional distress for which plaintiff is entitled to be compensated in the amount of $500,000.00. 20. As a further result of Phillips conduct, plaintiff suffered economic damages or his expenses associated with relocating from Portland, Oregon to California to live closer to his family, who provides emotional support, in an amount not to exceed $6,000.00. 21. Defendant is vicariously liable for Phillips s conduct, because her conduct was within the course and scope of her employment, in that her conduct occurred with the time and space limits authorized by her employment with defendant, she was motivated, at least partially, by a PAGE 4 - COMPLAINT
Case 3:18-cv-00223-HZ Document 1 Filed 02/01/18 Page 5 of 5 purpose to serve defendant, and she was providing mental health services she was hired to perform, and that conduct resulted in the acts that injured plaintiff. WHEREFORE, plaintiff prays for judgment against defendant in the amount of $500,000.00 as compensation for his emotional distress damages and economic damages not to exceed $6,000.00, plus such costs as are recoverable in this action. st DATED this 1 day of February, 2018. s/judy Danelle Snyder JUDY DANELLE SNYDER, OSB No. 732834 HOLLY LLOYD, OSB No. 942979 Telephone: (503) 228 5027 Facsimile: (503) 241-2249 Email: judy@jdsnyder.com Email: holly@jdsnyder.com Of Attorneys for Plaintiff PAGE 5 - COMPLAINT