Ashley v. United States

Summary

The Eastern District of Kentucky partially granted and partially denied the United States’ Rule 12(b)(1) motion to dismiss an FTCA negligence action arising from a veteran’s mental health treatment and alleged sexual relationship with a VA therapist. The court held that the alleged sexual relationship fell outside the therapist’s scope of federal employment under Kentucky law, but that independent allegations concerning diagnosis, psychotherapy, and medication management could proceed at that stage. The opinion was issued as a Memorandum Opinion and Order by District Judge Danny C. Reeves.

Holdings

1. The court lacks subject-matter jurisdiction over Ashley's negligence claim to the extent it is based on the alleged sexual relationship between Ashley and Dr. Hershberger because that conduct was outside the scope of employment under Kentucky law and was not covered by the FTCA's waiver of sovereign immunity.
2. Ashley sufficiently alleged independent negligence claims involving diagnosis, psychotherapy, and medication management that were not subject to dismissal at this stage because they arose from authorized medical care and were not shown on the face of the complaint to fall outside the scope of employment.

Questions Presented

1. Whether the Federal Tort Claims Act waives sovereign immunity and provides subject-matter jurisdiction over negligence allegations based on a therapist's romantic and sexual relationship with a patient.
2. Whether Ashley's separately alleged negligent diagnosis, psychotherapy, and medication-management claims arose from conduct within the scope of authorized federal employment and therefore could proceed at the pleading stage.

Disposition

other