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SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF SPOKANE

JERED BONNEAU and CHERYL RECTOR,

Plaintiffs, N0- 15204355*:COMPLAINT FOR INJUNCTIVERELIEF AND DAMAGES

WASHINGTON STATE DEPARTMENT OFSOCIAL & HEALTH SERVICES, an agency ofthe State of Washington, and MOLLY OKOLI,in her individual capacity and on behalf of hermarital community,

Defendants.

I. INTRODUCTION

1.1 People being treated for mental illness at Washington State's psychiatric

hospitals are patients entitled to therapeutic treatment, with the right to receive care in a safeenvironment and be free from all forms of abuse, neglect, and harassment.

1.2 Hospital employees are mandatory reporters, which means they must file a

report with Department of Social and Health Services ("DSHS") any time there is reasonablecause to believe that a patient has been abused or neglected.

1.3 Hospital employees who report such abuse by a supervisor are protected by lawfrom being retaliated against for reporting such abuse, neglect, and harassment. Unfortunately,

retaliation still occurs.

COMPLAINT FOR INJUNCTIVE RELIEF ANDDAMAGES: 1

LAW OFFICES

THE SCOTT LAW GROUPA PROFESSIONAL SERVICE CORPORATION

926 W SPRAGUE AVENUE. SUITE 680SPOKANE. WA 99201

(509)455-3966

* 1.4 This action is brought by employees who fulfilled their duty to report extreme

2 patient abuse and have in turn been subject to unlawful retaliation, assault, battery, and false

3 imprisonment.

I I . PA R T I E S

2.1 Plaintiff Jered Bonneau is domiciled in the State of Washington and is a

resident of Spokane County. Mr. Bonneau is employed at Eastern State Hospital in Medical

Lake, Washington, as a Mental Health Technician.

2.2 Plaintiff Cheryl Rector is domiciled in the State of Washington and is a

resident of Spokane County. Ms. Rector is employed at Eastern State Hospital in Medical

Lake, Washington, as a Mental Health Technician.

2.3 Defendant Washington State Department of Social and Health Services

("DSHS") is the sole Washington State agency designated to administer or supervise the

administration of mental health treatment to people committed by the courts to long-term

inpatient treatment pursuant to RCW 71.05.010, et seq. and RCW 10.77.010, et seq. DSHS is

responsible for implementing and ensuring compliance with state and federal constitutional and

statutory protections for whistleblowers and preventing retaliation against them. DSHS isPlaintiffs' employer, as well as Defendant Okoli's employer, and as such is responsible for the

misconduct and legal violations alleged herein.

2.4 Defendant Molly Okoli is an employee of DSHS who has worked as a Nurse

Supervisor at Eastern State Hospital and direct supervisor of Plaintiffs. She has engaged in

abuse of patients and staff, including Plaintiffs, and has retaliated against Plaintiffs for their

protected activity of reporting abuse.

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.AW OFFICES

COMPLAINT FOR INJUNCTIVE RELIEF AND the scott law groupn A \ A A O F ^ 1 * 9 A P R o r e s s I O N A I - S K R V I C E C O R P O R A T I O NL f r \ l \ l r \ . \ J J _ » i j . £ 9 2 6 w . s p r a o u e a v e n u e , s u m : 6 » o

SPOKANE. WA 99201(509)455-3966

1 III. JURISDICTION AND VENUE2 3.1 This Court has subject matter jurisdiction over this action, the claims asserted

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arising out of Washington common law and statutory law.4 3.2 This Court has personal jurisdiction over defendants: an official agency of the

State of Washington and a resident of the State of Washington.6 3.3 Venue is proper in Spokane County pursuant to RCW 4.12.020 because the

' cause of action occurred in Spokane County.

IV. FACTS

4.1 Plaintiffs Bonneau and Rector work as Mental Health Technicians at Eastern

State Hospital. Their duties include caring for, attending to, and supervising patients.4.2 During the relevant time period, Defendant Okoli served as a Charge Nurse at

Eastern State Hospital and the immediate supervisor of Plaintiffs.

4.3 Plaintiffs have witnessed or heard reports of Okoli physically and verbally

abusing patients at Eastern State Hospital.4.4 On one occasion, Okoli slapped a patient across the face while the patient was

being strapped in a restraint bed and then held the patient face down on the bed.4.5 On another occasion, Okoli got into a verbal confrontation with and threatened a

female patient. When the patient ran away, Okoli chased the patient down, tackled her to the

ground, and began throwing punches at the patient. Plaintiff Bonneau responded to the incidentand placed himself between Okoli and the patient so that the blows struck his back and

shoulder rather than striking the patient, then escorted the patient to the seclusion room, with

Okoli continuing to engage in or threaten the patient with violence.

4.6 On another occasion, Okoli shoved a patient into a room and forced the patient

against the wall with her forearm to the patient's throat, as if trying to choke the patient. Other

COMPLAINT FOR INJUNCTIVE RELIEF AND the scotVlIw groupD A M A G F S * 3 A P R O F E S S I O N A L S E R V I C E C O R P O R A T I O NU t \ l I t W J I J l D . J 9 2 6 W . S P R A G U E A V E N U E . S U I T E 6 8 0

SPOKANE. WA 99201(509) 455-3966

1 staff had to physically block Okoli to prevent her from continuing the assault on the patient, but

2 Okoli continued trying to kick and attack the patient. Staff had to direct Okoli out of the room

3 for the patient's safety.

4 4.7 On another occasion, Okoli locked Plaintiff Rector in a seclusion room while

5 Rector was talking with a patient, exposing Rector to the risk of serious harm due to her

6 inability to escape a potentially violent situation. Okoli subsequently berated Rector, in front of

7 other staff, for the things she was alleged to have said to the patient. This was done as

8 retaliation for previous reports and complaints of abuse made by Rector.

9 4.8 Plaintiffs and other staff persons reported Okoli's patient abuse to supervisors

10 and other superiors.

11 4.9 Upon knowledge and belief, Eastern State Hospital has done little or nothing in

12 response to the reported patient abuse, and it is likely to continue.

13 4.10 Plaintiffs have experienced retaliation from Defendants following their reports

14 of abuse. This retaliation includes, but is not limited to, disrespectful and hostile treatment,

15 differential treatment, locking Rector in a seclusion room, and other adverse employment

1" actions.

17 4.11 As one example, Okoli demanded that Bonneau "float" or transfer to other

18 wards more than he should, based on rules and/or customs that staff are to take turns. As

19 described by multiple witnesses, Bonneau respectfully declined to float out of turn. Okoli then

20 placed an official reprimand in Bonneau's personnel file, alleging insubordination and

21 disrespect, as retaliation for his reports of patient abuse. This adverse employment action has

22 tangible negative consequences, as it prevents Bonneau from being eligible for transfers or

23 promotions.

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COMPLAINT FOR INJUNCTIVE RELIEF AND The scott law groupD A M A G E S ' 4 A • " R W K S S ' O N A l . S E R V I C E C O R P O R A T I O N

926 W. SPRAGUE AVENUE. SUITE 680SPOKANE. WA 99201

(509) 455-3966

4.12 Supervisors and administrators at Eastern State Hospital are aware of the patient2 abuse and retaliation described above, but have not taken sufficient action to stop it. As a

3 result, court intervention is necessary to protect patients and staff.

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V. CAUSES OF ACTION

COUNT ONE: UNLAWFUL RETALIATION

5.1 Plaintiffs reallege and incorporate all preceeding paragraphs.

5.2 RCW 70.124.030(1) madates that when any practitioner, social worker,

psychologist, pharmacist, employee of a state hospital, or employee of the department hasreasonable cause to believe that a state hospital patient has suffered abuse or neglect, the person

shall report such incident, or cause a report to be made.

5.3 RCW 49.60.210(2) declares that it is an unfair practice for a government agency

or government manager or supervisor to retaliate against a whistleblower.

5.4 A whistleblower is defined in RCW 43.70.075(2)(c) as an employee or health

care professional who in good faith reports alleged quality of care concerns to the department

of health.

5.5 Pursuant to RCW 43.70.075(1) an employee who, as a result of being a

whistleblower, has been subjected to workplace reprisal or retaliatory action has the remedies

provided under chapter 49.60 RCW.

5.6 Plaintiffs complied with the mandatory requirement to report abuse suffered by

Eastern State Hospital patients at the hands of nurse Okoli and are whistleblowers as defined by

law.

5.7 As a result of reporting abuse and being whistleblowers, Plaintiffs have suffered

workplace reprisal and retaliatory action from Defendants and are entitled to all remedies

provided under chapter 49.60 RCW.

COMPLAINT FOR INJUNCTIVE RELIEF AND The scott law groupD A M A G E S : 5 A P R O F E S S I O N A L S E R V I C E C O R P O R A T I O N

926 W SPRAGUE AVENUE. SUITE 680SPOKANE. WA 99201

(509) 455-3966

1 COUNTS TWO AND THREE: ASSAULT AND BATTERY2 5.8 Plaintiffs reallege and incorporate all preceeding paragraphs.

3 5.9 In the course of striking a patient with closed fists, Defendant Okoli made

^ intentional offensive contact with Plaintiff Bonneau when she struck him with her fist mutiple

^ times while he was shielding the patient from her attacks. Defendant Okoli is therefore liable

" for committing the tort of battery against Plaintiff Bonneau.

7 5.10 During her attack on the patient, Defendant Okoli threatened further blows

° through her aggressive posturing and verbal threats, placing Plaintiff Bonneau in reasonable" apprehension of imminent and harmful contact as he shielded the patient. Defendant Okoli is

10 therefore liable for committing the tort of assault against Plaintiff Bonneau.

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COUNT FOUR: FALSE IMPRISONMENT

5.11 Plaintiffs reallege and incorporate all preceeding paragraphs.

5.12 Defendant Okoli intentionally locked Plaintiff Rector in a room with a

potentially violent patient, placing Plaintiff in a dangerous position if the patient had becomeviolent, as she would not have been able to escape nor would help be able to arrive quickly.Plaintiff was unable to leave the room when she wanted to, as she had to wait for Okoli toarrive to open the door. Plaintiffs awareness of the confinement and the risk in which she had

been in, and her awareness of the lengths to which Okoli would go to retaliate against and harm

staff, caused significant harm and distress to Plaintiff Rector. Defendant Okoli is thereforeliable for committing the tort of false imprisonment against Plaintiff Rector.

2 2 P R A Y E R F O R R E L I E F

23 Plaintiffs respectfully pray that this Honorable Court enter an Order:

24 1. Preliminarily and permanently enjoining Defendants from engaging in

25 retaliation against Plaintiffs and other employees for reporting abuse;

COMPLAINT FOR INJUNCTIVE RELIEF AND The scott law groupD A M A G E S ' 6 A P R O F E S S I O N A L S E R V I C E C O R P O R A T I O N

926 W SPRAGUE AVENUE. SUITE 680SPOKANE. WA 99201

(509) 455-3966

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2. Expunging from Plaintiffs' personnel files all retaliation measures taken;

3. Awarding Plaintiffs damages;

4. Awarding Plaintiffs reasonable attorney fees and costs; and

5. Such other and further relief as the Court deems just or equitable.

DATED this 2J^_ day of Qahhc r 2015.

The Scott Law Group, P.S.

By.ANDREW S. BIVIANO, WSBA # 38086DARRELL W. SCOTT, WSBA # 20241926 W. Sprague Avenue, Suite 680Spokane, WA 99201Tel: (509) 455-3966scottgroup@me.com

Attorneys for Plaintiffs

COMPLAINT FOR INJUNCTIVE RELIEF ANDDAMAGES: 7

LAW OFFICES

THE SCOTT LAW GROUPA PROFESSIONAL SERVICE CORPORATION

926 W. SPRAGUE AVENUE. SUITE 680SPOKANE. WA 99201

(509)455-3966