Case 1:18-cv-02475-TWP-DLP Document 87 Filed 10/24/19 Page 1 of 6 PageID #: 284

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

HARRY KEVIN WADE, )

)
Plaintiff, )
) CAUSE No. 1:18-cv-2475-WTL-DLP
v. )
)
TERRY STIGDON, IN HER )
OFFICIAL CAPACITY AS )
DIRECTOR OF THE )
INDIANA DEPARTMENT OF CHILD )
SERVICES, TERRY J. STIGDON, )
KELLY MCSWEEN, )
KRISTINE KILLEN, DAVID REED, )
HEIDI DECKER, SARAH SPARKS, and )
JACOB MAY, )
Defendants. )

THIRD AMENDED COMPLAINT

Plaintiff, Harry Kevin Wade, by counsel, hereby brings his Third Amended Complaint

against Defendants and alleges as follows:

I. THE PARTIES

1. Plaintiff Harry Kevin Wade resides in Brazil, Indiana.

2. Defendant Terry Stigdon is the Director of the Indiana Department of Child

Services and is sued in her official capacity.

3. Former Defendant Lifeline Youth and Family Services, Inc. (“Lifeline), has a

contract with the Indiana Department of Child Services and previously employed Plaintiff.

4. Defendants Stigdon, McSween, Killen, Reed, Decker, Sparks, and May each work

for Defendant Indiana Department of Child Services in Indianapolis, Indiana.

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II. JURISDICTION AND VENUE

5. This Court has jurisdiction pursuant to 28 U.S.C. § 1331 as this case presents

federal claims under the United States Constitution, 42 U.S.C. § 1983, and 42 U.S.C. § 1988.

6. This Court has personal jurisdiction and venue over this matter because Defendants

reside within this District, and the matters to which this Complaint relate occurred with this

District.

III. FACTUAL BACKGROUND

7. Wade worked for (former) Defendant Lifeline as a counselor to clients sent by

Defendant Department of Child Services (“DCS”) from May 19, 2015, until his termination on

January 25, 2018.

8. With the encouragement of DCS and Lifeline, Wade engaged in an expensive and

time-consuming 18 month program called Family Centered Therapy after which Wade became

certified as a Family Centered Therapist. This certification allowed Wade to provide services to

DCS, which is the only organization for which this certification is useful.

9. On January 18, 2018, a DCS caseworker (and Defendant herein) named Kelly

McSween asked Wade to begin Family Centered Therapy (FCT) for a family with a transgender

child.

10. Wade, pursuant to his understanding of his ethical responsibility as a therapist,

informed McSween that his personal background and beliefs as a Christian minister could serve

to harm the therapeutic process because, as a Christian minister, his exposure to transgender

individuals was nonexistent, and his only frame of reference for such conditions was religious in

nature.

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11. Wade viewed these as potential issues which could make it difficult to effectively

carry out the FCT process, which involves months of meetings between the therapist and the family

and requires a significant amount of trust and openness.

12. At no time did Wade refuse to work the case; he merely performed his ethical

obligation to report a potential conflict ahead of time to avoid harming the therapeutic process.

13. On January 25, 2018, a letter was sent by Child Welfare Services, Indiana

Department of Child Services (with copies to David Reed, Sarah Sparks, and Jacob May), to

Wade’s employer (Lifeline), which stated that Wade “could have no further contact with DCS

clients.”

14. No reason was given for this decision other than the bald assertion that “DCS has

become dissatisfied with the services provided by Mr. Wade.”

15. DCS officials knew that the vast majority of Lifeline’s referrals came from DCS

and that Wade would necessarily lose his job if he was not allowed to have contact with DCS

clients.

16. Shortly thereafter, Wade was terminated by Lifeline.

IV. COUNT I
(DUE PROCESS VIOLATION)

17. Wade incorporates by reference the allegations contained in paragraphs 1-16 above

as if fully restated herein.

18. The Fourteenth Amendment to the United States Constitution guarantees

individuals the right to due process when a state or local government deprives them of life, liberty,

or property.

19. Defendants, as alleged in this Third Amended Complaint, deprived Wade of his

Due Process rights in violation of the Fourteenth Amendment.

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20. Specifically, Wade was fired due to the arbitrary and capricious decision by

Defendants. Wade received no hearing or appeal and, as such, was deprived of a property interest

in his job with Lifeline, as well as his certification as a Family Centered Therapist, without

sufficient opportunity to be heard.

21. Lifeline maintained a contract with DCS to provide services for DCS, and

Defendants were aware of the contract and Wade’s employment to provide services for DCS,

through Lifeline, when it sent the January 25th letter to Lifeline.

22. Each individual Defendant is employed by the Department of Child Services, and

each participated in the decision to bar Wade from counselling individuals referred by DCS.

23. The decision to bar Wade from counselling individuals referred by DCS was

arbitrary, capricious, and contrary to the guidance that DCS provides to counsellors such as Wade.

24. Wade possessed a property right in his work to provide counselling and Family

Centered Therapy to individuals referred by DCS.

25. Wade was not afforded any opportunity to appeal or to dispute the decision to bar

him from counselling individuals referred by DCS.

26. Defendants deprived Wade of a property right while acting under color of state law

without any semblance of Due Process, as is required by the Fourteent Amendment to the

Constitution of the United States.

27. As a result of Defendants’ violation of the Constitution and laws of the United

States, Wade has suffered substantial damages.

28. Wade is entitled to recover his attorney fees and expenses related to this case

pursuant to 42 U.S.C. § 1988.

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29. Wade is entitled to injunctive relief against Defendant Terry Stigdon in her official

capacity as the Director of the Department.

V. COUNT II
(FIRST AMENDMENT VIOLATION)

30. Wade incorporates by reference the allegations contained in paragraphs 1-29

above as if fully restated herein.

31. The First Amendment to the United States Constitution, made applicable to the

States through the Fourteenth Amendment, guarantees freedoms concerning, religion, expression,

assembly, and the right to petition.

32. Wade engaged in speech protected by the First Amendment, in that, he informed

Defendants that he was a Christian and that his exposure to transgender individuals was

nonexistent, and that his only frame of reference for such conditions was religious in nature.

33. Shortly thereafter, Defendants prohibited Wade from having any contact with any

DCS clients.

34. Defendants’ actions in restricting Wade’s ability to have any contact or to provide

any counseling services to any DCS client were motivated or substantially caused by Wade

informing Defendants that he was a Christian and that it could be difficult, because he is a

Christian, to provide effective treatment to a transgender individual referred to him by Defendants.

35. Defendants knew or should have reasonably known that their actions in restricting

his contact with and ability to provide counseling services to DCS clients would result in his

termination as a counselor for Lifeline, thereby chilling Wade’s exercise of his First Amendment

right.

36. Defendants’ actions against Wade were a proximate cause in the termination of his

employment.

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37. Defendants’ actions against Wade violated Wade’s First Amendment rights.

38. As a result of Defendants’ violation of the Constitution and laws of the United

States, Wade has suffered substantial damages.

39. Wade is entitled to recover his attorney fees and expenses related to this case

pursuant to 42 U.S.C. § 1988.

40. Wade is entitled to injunctive relief against Defendant Terry Stigdon in her official

capacity as the Director of the Department.

WHEREFORE, Plaintiff, Harry Kevin Wade, seeks all damages available to him in a

judgment against Defendants named herein, attorney fees, costs, pre- and post-judgment interest,

injunctive relief, and all other appropriate relief.

Respectfully submitted,

/s/ Mark Waterfill

Mark R. Waterfill, Atty. No. 10935-49
5235 Decatur Blvd.
Indianapolis, IN 46241
mark@waterfifillaw.com
317-501-6060

CERTIFICATE OF SERVICE
I hereby certify that a true, exact and authentic copy of the foregoing has been served upon all
counsel of record the way of electronic service the same day as filing.
/s/ Mark Waterfill