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SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF SPOKANE

8 JERED BONNEAU and CHERYL RECTOR,

Plaintiffs,

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WASHINGTON STATE DEPARTMENT OF

SOCIAL & HEALTH SERVICES, an agency of
the
State of Washington, and MOLLY OKOLI,
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individual capacity and on behalf of her
marital
community,
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N0- 15204355*:
COMPLAINT FOR INJUNCTIVE
RELIEF AND DAMAGES

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Defendants.

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I. INTRODUCTION

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

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hospitals are patients entitled to therapeutic treatment, with the right to receive care in a safe

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environment and be free from all forms of abuse, neglect, and harassment.

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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 reasonable
cause to believe that a patient has been abused or neglected.

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1.3 Hospital employees who report such abuse by a supervisor are protected by law

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from being retaliated against for reporting such abuse, neglect, and harassment. Unfortunately,

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retaliation still occurs.

COMPLAINT FOR INJUNCTIVE RELIEF AND
DAMAGES: 1

LAW OFFICES

THE SCOTT LAW GROUP

A PROFESSIONAL SERVICE CORPORATION
926 W SPRAGUE AVENUE. SUITE 680
SPOKANE. 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.
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I I . PA R T I E S

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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 is
Plaintiffs' 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 group

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III. JURISDICTION AND VENUE

2 3.1 This Court has subject matter jurisdiction over this action, the claims asserted
3 arising out of Washington common law and statutory law.

4 3.2 This Court has personal jurisdiction over defendants: an official agency of the
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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.
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IV. FACTS

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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 incident
and 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
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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
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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 group

DAMAGES

'

"RWKSS'ONAl.

SERVICE

C O R P O R AT I O N

926 W. SPRAGUE AVENUE. SUITE 680

SPOKANE. WA 99201
(509) 455-3966

4.12 Supervisors and administrators at Eastern State Hospital are aware of the patient
2 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

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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,

9 psychologist, pharmacist, employee of a state hospital, or employee of the department has

reasonable cause to believe that a state hospital patient has suffered abuse or neglect, the person
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shall report such incident, or cause a report to be made.
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5.3 RCW 49.60.210(2) declares that it is an unfair practice for a government agency
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or government manager or supervisor to retaliate against a whistleblower.
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5.4 A whistleblower is defined in RCW 43.70.075(2)(c) as an employee or health
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care professional who in good faith reports alleged quality of care concerns to the department
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of health.
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5.5 Pursuant to RCW 43.70.075(1) an employee who, as a result of being a
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whistleblower, has been subjected to workplace reprisal or retaliatory action has the remedies

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provided under chapter 49.60 RCW.

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

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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

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

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provided under chapter 49.60 RCW.

COMPLAINT FOR INJUNCTIVE RELIEF AND The scott law group

DAMAGES:

PROFESSIONAL

SERVICE

C O R P O R AT I O N
926 W SPRAGUE AVENUE. SUITE 680
SPOKANE. WA 99201
(509) 455-3966

COUNTS TWO AND THREE: ASSAULT AND BATTERY

2 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

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potentially violent patient, placing Plaintiff in a dangerous position if the patient had become
violent, 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 to
arrive 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 therefore
liable for committing the tort of false imprisonment against Plaintiff Rector.

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P R AY E R

FOR

RELIEF

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 group
DAMAGES'

PROFESSIONAL

SERVICE

C O R P O R AT I O N

926 W SPRAGUE AVENUE. SUITE 680

SPOKANE. WA 99201
(509) 455-3966

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.

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By.
ANDREW S. BIVIANO, WSBA # 38086
DARRELL W. SCOTT, WSBA # 20241
926 W. Sprague Avenue, Suite 680
Spokane, WA 99201
Tel: (509) 455-3966
scottgroup@me.com
Attorneys for Plaintiffs

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COMPLAINT FOR INJUNCTIVE RELIEF AND
DAMAGES: 7

LAW OFFICES

THE SCOTT LAW GROUP

A PROFESSIONAL SERVICE CORPORATION
926 W. SPRAGUE AVENUE. SUITE 680
SPOKANE. WA 99201
(509)455-3966