Glade v. U.S.

Federal 7th Circuit Court
Civil Court
Federal Tort Claims Act
Case Number: 
No. 12-1138
Decision Date: 
August 22, 2012
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in dismissing on pleadings plaintiff-psychiatric patient's FTCA action alleging that therapist employed by VA subjected him to unwanted sexual relationship that caused him to incur emotional distress. While plaintiff attempted to avoid battery-tort exception to liability under FTCA by asserting that instant lawsuit alleged negligence by therapist's supervisors in failing to detect and prevent her sexual battery and that, as result, VA had special relationship with plaintiff that created duty of care, plaintiff's receipt of inpatient and outpatient treatment was insufficient by itself to establish special relationship necessary to create duty of care running to plaintiff.