778 F.Supp.3d 912
W.D. Ky.2025Background
- Michael Paul Tebault, a former Army servicemember, received treatment for PTSD and substance abuse at a VA Medical Center in Kentucky.
- While in a VA equine therapy program, Tebault entered into a sexual relationship with his social worker, Abigail Dawkins.
- Tebault alleges the relationship caused him emotional distress, worsened substance use, and led to a suicide attempt.
- He sued the United States under the Federal Tort Claims Act (FTCA) for negligent hiring/supervision (Count I) and negligent treatment arising from Dawkins’s conduct (Count II).
- The government moved to dismiss for lack of subject-matter jurisdiction under the FTCA and failure to exhaust administrative remedies.
- The district court accepted only certain outside documents and focused on whether the alleged acts fell within statutory FTCA waivers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA waiver for negligent supervision/retention | VA was negligent in supervising/training Dawkins | Discretionary function exception bars suit | Court agrees with defendant; claims are barred |
| FTCA waiver for negligent treatment | Dawkins acted within scope due to "transference" | Dawkins's conduct was outside employment's scope | Dawkins acted outside scope; no FTCA jurisdiction |
| Scope of employment for Dawkins's actions | Relationship tied to therapeutic (employment) context | Sexual relationship was personal and post-therapy | Conduct not of same nature as employment duties |
| Relevance of out-of-state transference cases | Cited cases from other circuits on therapist–patient | Kentucky law controls; out-of-state not controlling | Kentucky precedent dictates outside-scope conclusion |
Key Cases Cited
- FDIC v. Meyer, 510 U.S. 471 (sovereign immunity may only be waived by Congress)
- Millbrook v. United States, 569 U.S. 50 (FTCA waives sovereign immunity only for acts within scope of employment)
- Osborne v. Payne, 31 S.W.3d 911 (Ky. 2000) (Kentucky law: sexual relationship by counselor outside scope of employment)
- Scottsdale Ins. Co. v. Flowers, 513 F.3d 546 (6th Cir. 2008) (applying Kentucky law: therapist sexual affair outside scope)
- Coleman v. United States, 91 F.3d 820 (6th Cir. 1996) (scope of employment determined by state law where tort occurred)