Court allows military veterans suffering from service-connected PTSD and TBI lawsuit

Court allows class-action suit against Navy over ‘bad paper’ discharges

Military Times
Leo Shane III
November 16, 2018


WASHINGTON — Veterans forced from the Navy and Marine Corps for what they say were undiagnosed mental health problems will be able move ahead with a class-action lawsuit against the military asking for denied benefits, a federal court ruled Thursday.

Marines assigned the 6th Marine Regiment, 26th Marine Expeditionary Unit move uphill during training operations in Jordan on April 24, 2018. A new court ruling will allow "bad paper" veterans to bring a class-action lawsuit against the Navy for what they claim were unlawful dismissals from the ranks. (Cpl. Austin Livingston/Marine Corps)

The move could affect thousands of so-called “bad paper” veterans who allege Defense Department officials unjustly ended their careers rather than deal with their military-related injuries.

“This decision is a victory for the tens of thousands of military veterans suffering from service-connected PTSD and TBI who are denied the support of VA resources because of an unfair discharge status,” Tyson Manker, an Iraq War veteran and plaintiff in the case, said in a statement Friday.

He called the court’s favorable ruling “further evidence of the Department of Defense’s disgraceful violation of the legal rights of the men and women who have served their country.”
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Husband wants answers after Navy LT. wife died after childbirth

Widower takes on ban on military injury claims to Supreme Court

Kaiser Health News (Tribune News Service)
By JONEL ALECCIA
Published: October 14, 2018

Walter Daniel, a former Coast Guard officer, holds a photograph of his wife, Navy Lt. Rebekah Daniel, known as "Moani"; She died hours after giving birth to their daughter, Victoria, at the Naval Hospital Bremerton. HEIDI DE MARCO/KAISER HEALTH NEWS VIA TNS

More than four years after Navy Lt. Rebekah Daniel bled to death within hours of childbirth at a Washington state military hospital, her husband still doesn’t know exactly how — or why — it happened.

Walter Daniel, a former Coast Guard officer, demanded explanations from officials at the Naval Hospital Bremerton, where his wife, known as “Moani,” died on March 9, 2014.

He says he got none. No results from a formal review of the incident, no details about how the low-risk pregnancy of a healthy 33-year-old woman — a labor and delivery nurse herself — ended in tragedy, leaving their newborn daughter, Victoria, now 4, without a mom.

“There was no timeline, no records of what steps were taken,” recalled Daniel, 39, sitting in his Seattle lawyer’s high-rise office last month. “I’ve had no answers.”
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Survivors of Navy Yard shooting settle lawsuits

She was sure she was about to die at Navy Yard, and five years later has built a new life
Washington Post
Anne E Marimow
September 15, 2018

The anniversary comes as a group of victims’ relatives and survivors, including Stultz, have reached settlements in their negligence lawsuits against two private companies that employed Alexis, who was fatally shot by police who flooded the scene. The agreements close a chapter for the 15 plaintiffs who went to federal court in Washington seeking a combined $189 million in claimed damages.

Lori Lee Stultz no longer works at the Washington Navy Yard, where she escaped a mass shooting in 2013. She now runs a linens company that she credits with helping her heal. (Katherine Frey/The Washington Post)

When the first shots were fired inside Building 197 at the Washington Navy Yard, Lori Lee Stultz huddled beneath a desk with two colleagues, gripping their hands and trying to stay quiet, certain they’d be killed.

All around her, glass shattered, fire alarms blared, desk phones rang incessantly, and a colleague screamed, “Help me!”

The shooter, Aaron Alexis, gunned down 12 Navy civilian personnel and contractors that morning in September 2013, including too many of Stultz’s friends and colleagues from 15 years at the Navy Yard.

Stultz, of Arlington, and about 20 other survivors from Building 197 plan to gather Sunday to mark five years since the mass shooting.

“You become part of a strange community that no one else understands. We’re not crying; we’re just remembering,” Stultz said. “You can’t really talk to other people about it. It’s just upsetting, and they don’t know what to say.”
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Money for homeless veterans used by employee?

Money Stolen From Veterans: Non-Profit Worker Sentenced
By California News Wire Services, News Partner
Aug 24, 2018

The money was supposed to help homeless veterans with short-term housing.

SAN FRANCISCO, CA —A former case worker at an East Bay nonprofit organization has been sentenced in U.S. District Court to one year in prison for stealing $26,300 in federal funds intended to aid homeless veterans with short-term housing.

William Andrews, 50, of Windsor, was sentenced by U.S. District Judge James Donato in San Francisco on Tuesday. Donato also ordered him to pay the government $26,300 in restitution.

Andrews pleaded guilty before Donato on April 25 to one count of theft of U.S. government property and acknowledged stealing a total of $26,300 in 2016.
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Lawsuit: Sheriff fired Deputy because of PTSD?

Army veteran diagnosed with PTSD sues over firing from sheriff's office
NJ.com
Matt Gray
July 6, 2018

Several of John McMickle's co-workers at the Gloucester County Sheriff's Office visited the U.S. Army veteran as he mourned the death of a friend in February 2017.

While McMickle wasn't a drinker, he had several alcoholic beverages that night and ended up in the hospital.

The events of that evening would eventually lead to his firing, and McMickle has filed a suit claiming the county discriminated against him.

McMickle was honorably discharged in 2006 after serving six tours, according to attorney Kevin Costello, and suffers from post-traumatic stress disorder related to his service.

The veteran believes, according to the suit filed in Superior Court, that the county treated him unfairly based on his disability, rather than anything he actually did wrong.

Following his trip to the hospital, a health and welfare check was conducted "and no issues were identified." Despite that finding, McMickle's gun and ammunition were removed from his home, the suit states.
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Call to help Iraq Veteran, left him beaten

Army vet sues St. Tammany sheriff, deputies over alleged beating, possible brain injury
The New Orleans Advocate
BY SARA PAGONES
JUL 6, 2018

On Jan. 21, Cambre posted on social media that he was struggling. When friends began calling him, he didn't answer the phone, prompting someone to call the Pearl River police and request a check on his welfare. Jessica Picasso, a Pearl River officer, and a paramedic with St. Tammany Fire Protection District No. 11 responded to the call, the suit says, and tried to convince Cambre to go to the hospital.

Army veteran Chris Cambre, who says he was beaten by St. Tammany Parish Sheriff's deputies during a welfare check in January, is shown the following day with a facial laceration.
Photo provided by Chris Cambre

Chris Cambre, an Iraq War veteran who claims he was severely beaten by St. Tammany Parish Sheriff's Office deputies in January, has filed a federal lawsuit claiming his civil rights were violated by excessive use of force and an unauthorized search of his Pearl River home.

The suit, filed Thursday, names Sheriff Randy Smith and five deputies individually. But it also names Smith in his official capacity, alleging he showed deliberate indifference to civil rights by failing to adequately train officers and commanders or discipline them. It also accuses the Sheriff's Office of covering up misconduct.

The suit alleges that the same culture at the Sheriff's Office and such violations existed before Smith took office two years ago.

The situation changed, according to the lawsuit, when the Sheriff's Office sent deputies at the request of Assistant Fire Chief Matt Parrish. A Pearl River incident report, not cited in the lawsuit, says Parrish had instructed a dispatcher to send backup because of Cambre's military training and prior comments he had made about committing "suicide by cop."

When deputies arrived at Cambre's trailer home they had their rifles drawn, the suit says, but they secured them in Picasso's police unit after Cambre showed that he was not armed.

None of the deputies asked Picasso to brief them or asked her if Cambre was being aggressive, the suit alleges.

Cambre was taken to a local hospital by an ambulance, but none of the deputies accompanied him, the suit says, even though Picasso told them she was the only officer on duty in Pearl River that night. 

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VA Police Officer Plead Guilty After Abusing Veteran

Former officer to surrender license, plead guilty in assault at Indianapolis VA hospital
The Indy Channel
Jordan Fischer
Jun 29, 2018

In a plea agreement filed in federal court Wednesday, Kaim acknowledges that the victim was already walking out the door of the hospital after being told to leave when Kaim shoved him out of the door and pushed him against an exterior wall of the building. Kaim then caused the victim to fall face-first on the sidewalk, before striking him in the head six-to-seven times.

INDIANAPOLIS -- A former officer with the Veterans Affairs Medical Center Police Department has agreed to surrender his law enforcement license as part of a plea agreement over an assault at the Indianapolis VA hospital in April 2017.

Officer Michael Kaim was indicted in January on a civil rights violation and obstruction of justice for allegedly writing a false report about an arrest at the Richard L. Roudebush Veterans Affairs Memorial Center.
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Army National Guardsman had to sue for justice because of PTSD?

State spends millions on settlements, often silently
Santa FE New Mexican
By Phaedra Haywood
May 12, 2018

Phillip G. Ramirez Jr., an Army National Guard veteran who served in Iraq and Kuwait, filed a lawsuit against the state of New Mexico in 2008, claiming his supervisors in the state Children, Youth and Families Department harassed and discriminated against him when he returned from more than a year of active duty.

They refused to make accommodations for his diagnosis of post-traumatic stress disorder, Ramirez claimed in the lawsuit, then tried to push him out by mandating what he called unreasonable job requirements that made it impossible for him to fulfill his role as a community support officer monitoring at-risk juvenile offenders.

Fired by the department in 2008, Ramirez claimed the department violated a federal law that protects the employment rights of service members deployed for more than 30 days.

“I felt betrayed,” said Ramirez, who had received positive performance reviews by CYFD for nearly a decade before his deployment, according to his suit. “I was fighting the enemy overseas and when I returned I was fighting the enemy, too,” he said. “Coming home should be peacetime and I felt the fight was still on my hands.”

In 2011, a Gallup jury found in Ramirez’s favor. He was to receive $36,000 in back pay. But rather than write the check and make accommodations for him, the state appealed the state District Court’s decision to the New Mexico Court of Appeals — a move that sparked a yearslong legal battle that eventually prompted a second lawsuit and ultimately concluded with the state Supreme Court ruling in favor of Ramirez.

In the end, the costs to the state were $598,857 in legal fees for the first lawsuit; $36,000 to satisfy the judgment in the case; $235,000 to cover Ramirez’s legal expenses; $74,108 to fight a second lawsuit; $115,000 to settle that case out of court.

Total bill: $1,058,965.
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PTSD help did not come for Officer Miguel Grijalva

Officer Down

As a dispatcher, the first signal you learn — 10-24 — is also the last one you ever want to use: officer down/officer needs assistance.

Just wondering why it is so easy to understand a wounded officer needs help as soon as possible for other things, but not for PTSD. 

Family sues City of Lompoc over police officer's suicide
KSBY News
By Matt Van Slyke
Posted: Apr 21, 2018

The lawsuit also alleges Officer Grijalva had been drinking excessively and cried for hours in his supervisors' office on multiple occasions but supervisors allowed him to continue working.

A year after Lompoc police officers began mourning the death of Officer Miguel Grijalva, his family has filed a wrongful death lawsuit against the City of Lompoc and high-ranking members of the Lompoc Police Department.

The lawsuit filed Friday in Santa Barbara County Superior Court claims the police department denied officers medical and psychological benefits and the lack of services ultimately lead to Grijalva's death.

Officer Grijalva reportedly took his own life while off duty. He had been with the department for three years. Prior to that, he served in the United States Marine Corps.
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Veteran sues after flag folding at Travis Air Force Base

Air Force veteran sues after being thrown out of flag-folding ceremony
Air Force Times
By: Stephen Losey
4 hours ago

Oscar Rodriguez, the retired senior master sergeant whose ejection during a flag-folding ceremony at Travis Air Force Base in California sparked a nationwide uproar, is suing the Air Force for alleged civil rights violations.

In April 2016, Rodriguez was thrown out of a retirement ceremony for his friend Master Sgt. Charles Roberson when he stood — at Roberson’s request — to deliver an unauthorized speech during a flag-folding ceremony that mentioned God.

Roberson is also a plaintiff to the lawsuit, which was filed on their behalf by the religious freedom organization First Liberty Institute. Rodriguez is alleging violations of his rights under the First, Fourth and Fifth Amendments of the Constitution.

The IG said that Rodriguez had been told multiple times that he could not deliver his speech because the ceremony was an official on-base retirement, and his speech was not the one spelled out in Air Force regulations. He was told he could attend the ceremony quietly as a guest but not as a participant.

Oscar Rodriguez, the retired senior master sergeant whose ejection during a flag-folding ceremony at Travis Air Force Base in California sparked a nationwide uproar, is suing the Air Force for alleged civil rights violations.
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Veteran- Police Officer lost job because of PTSD

Ex-JPD lieutenant sues city for not accommodating his PTSD claim
Clarion Ledger
Jimmie E Gates
February 12, 2018

Post traumatic stress affects hundreds of thousands of veterans, 813,277 of whom have received disability compensation from the World War II era through 2015, according to the Dept. of Veterans Affairs. 

A former Jackson Police Department patrol lieutenant has filed a federal lawsuit against the city after he said the department wouldn't accommodate his post- traumatic stress disorder claim.

Lance Felton, a 21-year veteran of JPD, said he suffered from PTSD after he was part of an officer-involved shooting an April 2014 while attempting to arrest an armed robbery/aggravated assault suspect in Precinct 1. Felton was placed on administrative leave with pay until the outcome of an internal investigation, which is customary for an officer-involved shooting.

The internal investigation cleared him of any violations, Felton said.

The Clarion Ledger is awaiting a response from Jackson officials to the lawsuit. The lawsuit is filed against the city, former Chief Lee Vance, assistant Chief James Davis and Cmdr. Thaddeus Jones.

Vance couldn't be reached for comment.

Felton said JPD violated the Americans With Disabilities Act by not allowing him to return to work nor providing accommodations for him after discovering he suffered from PTSD.
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The Holiday Bar won in court but did right thing anyway

When the news came out this bar turned away a PTSD service dog, they were actually within the law. They won in court. But then, something stunning happened. They did the right thing and held training for other business owners to learn the law and what these fabulous service dogs do!

The Holiday Bar holds service dog training session for local businesses
WZZM ABC 13 News
Noah Fromson
January 13, 2018

GRAND RAPIDS, MICH. - The Holiday Bar in Grand Rapids hosted a service dog training session for local business owners Saturday.

"We thought they might be interested in hosting us because of what happened, and they were," said Jenn Gavin, owner and head trainer at A Pleasant Dog in Grand Rapids.

The Holiday Bar in Grand Rapids hosted a service dog training session Saturday for local business owners. (Photo: WZZM)

The bar and restaurant refused to serve veteran Jerome Smith, and his service dog, JoJo, on Friday, Nov. 10. The Holiday Bar manager said they were kicked out to keep JoJo safe, but apologized for "disrespectful and unprofessional" actions. The business then donated more than $2,000 to the Grand Rapids Home for Veterans.

Gavin, along with local attorney Nicholas Vander Veen, spoke to a small crowd about what business owners can and cannot do when people come into their establishments with service dogs.

"You can ask two questions: is that a service dog trained to mitigate your disability?" Gavin said. "What is it trained to do? You can't ask for certification. You can't ask why it's not wearing a vest."

On Jan. 4, a Kent County prosecutor said The Holiday Bar manager would not be charged because JoJo was not wearing a leash when the incident occurred.

According to the Americans with Disabilities Act, service animals must be "harnessed, leashed or tethered, unless these devices interfere with the service animal's work or the individual's disability prevents using these devices."
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Another Pulse First Responder With PTSD Mistreated

Pulse first responder suing Orlando police dept., city for $1 million

Officer says he was harassed over claims for PTSD treatment

By Mike Holfeld - Investigative Reporter

Posted: 5:16 PM, December 07, 2017

ORLANDO, Fla. - Pulse first responder and former Orlando police Officer Gerry Realin said Thursday that he will file a lawsuit against the city of Orlando and Orlando Police Department seeking damages for alleged violation of Florida's Workers' Compensation Law.

Maitland attorney Geoff Bichler, of the law offices Bichler, Oliver, Longo and Fox, told News 6 that Realin was harassed and intimidated by at least seven Orlando police employees including Chief John Mina.

Realin was part of the hazmat team assigned to remove the dead from Pulse Nightclub the morning after the deadly assault June 12, 2016. His doctor said he was unable to return to work at the department because of PTSD.

“We feel that the facts are very clear and compelling," Bichler said. “That there was harassment and retaliation almost from the time Mr. Realin came forward.”

In the lawsuit, Bichler included copies of texts and emails that he said will offer strong proof of the “intimidation tactics” used against Realin.

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ACLU Fighting For Incarcerated PTSD Veteran

I was reading an article from The Stranger. Since I only track news and government reports, I did a search to see if this was real or not. It is. 

The following is from the ACLU

ACLU-WA Sues to Stop Pierce County from Abusing and Neglecting Incarcerated Individuals Experiencing Mental Illness
December 5, 2017

The ACLU of Washington today filed a class-action lawsuit against Pierce County for refusing to provide necessary treatment to people with mental illness in the Pierce County Jail and subjecting them to illegal restraint and isolation practices. As a result of these unlawful actions, people with mental illness suffer unnecessarily while in the jail, and can spend years cycling in and out of the criminal justice system.

“It’s cruel, counterproductive, and illegal for jails to refuse people experiencing mental illness the treatment they need,” said ACLU-WA Equal Justice Works Fellow Jessica Wolfe.

“Pierce County punishes people for their mental illnesses while at the same time refusing to provide basic mental health services. These policies and practices cause significant psychological harm and contribute to a revolving door of incarceration that is both costly and ineffective,” Wolfe said.

Filed in U.S. District Court in Tacoma on behalf of people experiencing mental illnesses incarcerated in Pierce County Jail, the lawsuit—Bango et. al v. Pierce County—asserts that people are forced to wait months to see a mental health provider face-to-face, experience significant delays in receiving necessary medications, and are denied basic mental health services, despite repeated requests for treatment.

As a result, their mental illnesses progress unchecked, leading to hallucinations, delusions, and an increased risk of self-harm. Pierce County then punishes people experiencing mental health crises by placing them in solitary confinement, using eyebolts to chain their legs and arms to the concrete floor, and leaving them in restraint chairs for hours on end. Pierce County perpetuates this vicious cycle by releasing people directly into the community without a supply of their psychiatric medications. Due to their untreated illnesses, many will end up back at the Jail.

The suit was filed on behalf of two plaintiffs with mental illness who have suffered serious harm due to the Pierce County’s abusive practices and failure to provide treatment: Donald Bango served in the US military for 15 years and has received a Bronze Star and a Meritorious Service Medal. Mr. Bango was medically retired from the military due to mental health issues stemming from the violence he witnessed during his service in Iraq. He has been diagnosed with bipolar disorder, posttraumatic stress disorder (PTSD), major depressive disorder, and panic disorder. 

As a result of his mental illnesses, Mr. Bango experiences visual and auditory hallucinations, delusions, and flashbacks. Mr. Bango’s mental health has deteriorated significantly since his booking into the Pierce County Jail due to Defendants’ unwillingness to provide medically necessary psychiatric medications, access to mental health providers, and other basic mental health services. 

Defendants have also placed Mr. Bango in solitary confinement and left him naked and alone in a cell with his arms handcuffed behind his back. Despite Mr. Bango’s ongoing concerns about falling into further mental health crisis or psychosis, his requests for psychiatric medications have repeatedly been denied by Defendants, who have informed him that he did “not meet the requirements” for mental health care and told him to stop requesting services. 

Scott Bailey has been diagnosed with major depression, experiences anxiety, and has a history of suicide attempts. Mr. Bailey has been incarcerated at the Pierce County Jail approximately eight times, dating back to 1999. Defendants have routinely failed to adequately screen Mr. Bailey’s mental health conditions, mental health history, or use of psychiatric medications. Further, Defendants have failed to provide him with timely access to basic mental health services, despite his repeated requests. Defendants have responded to his pleas for help by informing him that the Jail was “not set up to do treatment” and denying him psychiatric medications and counseling. In lieu of treatment, Mr. Bailey received “mental health worksheets” instructing him to get enough sleep and exercise more.

Pierce County’s failure to appropriately supervise the Jail to prevent the abuse of the most vulnerable in their care is unlawful and inhumane. “The goal of the lawsuit is to compel Pierce County to do what they refuse to do: ensure incarcerated individuals with mental illness are treated humanely and receive necessary mental health treatment and services,” says ACLU-WA Senior Staff Attorney Antoinette Davis.

The suit asserts Pierce County Jail violates the constitutional right to due process and the Eighth Amendment’s prohibition on cruel and unusual punishment, along with the Americans with Disabilities Act and the Rehabilitation Act.

Pierce County Jail’s policy and practices continue despite decades of notice about these problems, including prior litigation, Herrera v. County, brought by the ACLU-WA and others in 1995. In settlement of that suit, Pierce County was required to adopt constitutional medical care standards, policies, and procedures.

ACLU-WA Equal Justice Works Fellow Jessica Wolfe and Senior Staff Attorney Antoinette Davis and cooperating attorneys, Salvador Mungia and Janelle Chase-Fazio of Gordon Thomas Honeywell, are representing the Plaintiffs.

Caught On Camera: Nursing Home Staff Laughed While Veteran Died

Hidden camera tells true story of how veteran died after calling for help, gasping for air

The video shows the decorated World War II veteran calling for help six times before he goes unconscious while gasping for air.

10 News

Andy Pierrotti

November 14, 2017

An 11Alive investigation uncovered hidden camera video catching nursing home staff laughing while an elderly patient dies in front of them. The incident happened at the Northeast Atlanta Health and Rehabilitation in 2014, but the video was recently released as part of a lawsuit filed by the family.

Attorneys representing the Atlanta nursing home tried to prevent 11Alive from obtaining the video. 

They asked a DeKalb County judge to keep the video sealed and then attempted to appeal to the Georgia State Supreme Court. The judge ruled in favor of 11Alive and the nursing home eventually dropped its appeal to the state’s highest court.

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Retired Air Force Colonel Committed Suicide After Email?

Veteran's suicide at center of lawsuit against UC Davis
CBS News
October 31, 2017

"This man had served his country for 23 years on active duty, and he had a chest full of metals. I believe in his mind, and so does our expert, that he was immediately imagining what would happen to him in the Air Force." Annabelle Roberts

DAVIS, Calif. -- A lawsuit filed against University of California, Davis claims the school discriminated against a decorated Air Force veteran, which drove himself to commit suicide.

CBS Sacramento reports the incident happened back in October 2015, but new details are just being released.

After leaving the military, Col. Christopher de Los Santos took a job at UC Davis.

But three months later, trouble spiraled out of control quickly during a weekend retreat with co-workers. One witness claims it was more like a booze cruise, saying Santos was misbehaving.

The university launched an investigation into the alleged inappropriate behavior, and a day later, campus officials sent Santos an email placing him on leave.

Santos took his own life a few hours after receiving that email.
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Santa Claus says he was fired for holding a gun

Man dressed as armed Santa claims firing tied to photo 
Detroit News 
October 27, 2017 

Before the event in December 2015, he posted the photo of himself holding the assault rifle in his home. In the background is his Christmas tree, an American flag and his military medals and commendations. 


Santa Claus says he was fired for holding a gun. 

In this case, Santa is Calvin Congden of Tipton, Michigan, who likes to dress as the Jolly One for charity events.

But when he posted a photo of himself dressed as Santa and clutching a semiautomatic rifle to Facebook in 2015, he claims a supervisor at the state Department of Health and Human Services wasn’t happy. Congden had recently started working for the department as a child protective services worker.

He was let go by the agency at the end of his yearlong probation and blames the manager’s distaste for the armed Santa photo.

Congden filed a federal lawsuit against the agency Friday, saying it violated his rights to free speech and bear arms. The Army vet, who was diagnosed with post-traumatic stress disorder, also says the state discriminated against him because of his disability.
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PTSD Vietnam Veteran Sues Vet After Robbery

Robbery victims sue Alcoa veterinary clinic

The Daily Times

Wes Wade

October 28, 2017

A Sevier County couple has filed a $1 million lawsuit against an Alcoa veterinary clinic over an armed robbery at the business last year.

Sevierville residents William and Anita Livingston are suing Midland Pet Emergency Center after the business was targeted in an armed robbery last October. The Livingstons, who were inside the clinic at the time, were also robbed at gunpoint, according to the complaint, filed Friday in Blount County Circuit Court.

The couple is now holding the veterinary clinic responsible for failing to prevent the robbery.

The couple state in the complaint that William Livingston, a 68-year-old Vietnam War veteran, began suffering from post-traumatic stress syndrome (PTSD) right after the incident, leading him to believe he was having a heart attack.

The Livingstons state they arrived at the clinic, located at 235 S. Calderwood St., around 2:30 a.m. on Oct. 28, 2016. They came seeking care for their pet Yorkie, which was having seizures, the complaint states.

An employee had to unlock the door to let them in. The complaint states the employee failed to lock the door behind them, allowing a masked intruder to enter a short while later.

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That is the part that changed my mind about this story.

Disabled Veteran Wants Day In Court...As A Lawyer

Decorated Army Vet Sues Florida Supreme Court and Florida Board of Examiners for Violating Americans with Disabilities Act

Daily Business Review

Monika Gonzalez Mesa

September 28, ,2017

His numerous medals and commendations include three bronze stars. After 10 years of service, Hobbs separated from the military while seeking custody of his son. 

As a result of three tours of duty, Hobbs lives with adjustment disorders with mixed anxiety, depressed mood and alcohol use disorder, according to the complaint.

Julius Hobbs.

Courtesy photo

A decorated U.S. Army veteran has sued the Florida Supreme Court and the Florida Board of Bar Examiners under the Americans with Disabilities Act, seeking an end to demands for detailed medical documentation of bar applicants' mental health history and additional psychiatric examinations based on a history of disability.

The attorney for former U.S. Army Company Commander Julius Hobbs argues that investigations based on psychiatric counseling history prevent people from seeking help, and instead says investigations should be prompted by negative behaviors that demonstrate unfitness to practice law.

"Our initial goal is to have them stop requesting documentation and information involving history of mental health or treatment of substance abuse," said Hobbs' attorney Matthew Dietz, director of the Disability Independence Group. "If a person has voluntarily sought help, that is something that should be encouraged—not create additional barriers to becoming a lawyer."

Hobbs, who according to the complaint maintains a 3.63 grade point average at Western Michigan University Cooley School of Law in Tampa, Florida, applied to the Florida Bar his first year of law school in 2016. read more here

Family of Veteran Wins Lawsuit Against Nevada State VA Nursing Home

State will pay $750,000 to family of veteran who died after legionella found in nursing home's water 
The Nevada Independent
Michelle Rindels
September 13, 2017

Gov. Brian Sandoval apologized to the family of an 88-year-old man who died at the Nevada State Veterans Home in 2015 after legionella bacteria was found in the water, then voted Tuesday to approve a $750,000 payout to his survivors.

The settlement with World War II veteran Charles Demos’ five children comes after the family sued the state on a litany of grounds, alleging negligence, wrongful death, elder abuse, infliction of emotional distress, negligent hiring, training and supervision and breach of contract. A court denied the state’s motion to dismiss the case, and officials with the Nevada attorney general’s office said lawsuit costs could have spiraled to $2.5 million absent a settlement.

“I feel horrible that this has happened,” Sandoval said at a Board of Examiners meeting where the settlement was approved. “It’s a tragedy. This is a gentleman who served our country with distinction … I think this is a fair settlement and I just want to make sure that it was clear on the record that they have my apology.”

Demos, who would have turned 91 on Monday, was a member of the U.S. Navy Judge Advocate General Corps and had a decades-long legal career in Florida before retiring in 2010. After moving to the veterans’ home in Boulder City, he served two terms as president of residents at the nursing home and enjoyed playing chess and talking politics.
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