Former mental health crisis counselors sue Sutter County

Sept. 23--Two former Sutter County crisis counselors sued the county, alleging they suffered mental and physical injuries when they were forced to deal with violent clients at the county's mental health facility.

Martin John and William Myers said they were fired last February after complaining since 2014 about "intolerable" working conditions.

They filed their suit Wednesday in U.S. District Court in Sacramento, seeking unspecified damages.

The suit also names their immediate supervisor, Susan Redford, and the county's Behavioral Health director, Tony Hobson.

"We don't typically comment on litigation," Interim County Administrator Curt Coad said. "I was not aware this one was filed today."

John and Myers were two of the three full-time male crisis counselors at the clinic. There were seven or eight full-time female crisis counselors.

Myers and John alleged they were required to go "hands on" with violent clients, meaning they had to engage them physically.

"Plaintiffs have, among other things, had chairs thrown at them, been punched, been kicked in the scrotum and have had to wrestle with several clients to subdue them," the suit said. "Plaintiffs have also been under the threat of violence because clients have threatened to punch them, attack them and have pulled knives on them. There have also been incidents where unstable clients were in possession of guns in the clinic."

Myers "suffered a torn meniscus (tissue in the knee) and back and neck injuries, which limit major life activities including performing manual tasks, walking, standing, lifting, and bending," the suit said. "John suffered injuries to his neck, shoulder, hands, and/or wrists, which limit major life activities including performing manual tasks and lifting."

The clinic's primary purpose "is to determine the psychological conditions, determine treatment plans and refer the clients to other locations. The purpose of the clinic is not to subdue a violent and psychotic client," the suit said.

"The clinic has never had a clear set of policies and procedures relating to 'hands on' and what little policies and procedures there have been have been contradictory and/or completely disregarded by management."

According to the suit, Myers and John, starting in 2014, "complained to supervisors that the de facto 'hands on' policy was a gender discriminatory policy. Plaintiffs also complained on an ongoing basis that the workplace was unsafe, and they sought security measures to address violent clients and the improper lengthy detention of clients."

Last October, the suit said, "Myers told a manager of his intention to file (a) workers' compensation claim. The manager discouraged Myers from filing a workers' compensation claim, telling him that the county would file an action for fraud if he filed a workers compensation claim."

Last November, Myers and John complained to Cal/OSHA, which launched an investigation, the suit said.

The state agency "lacked the jurisdiction and/or power to change the county's workplace guidelines for the circumstances and accordingly, found no violations, however Cal/OSHA made several recommendations for workplace safety, none of which were adopted by the county," the suit said.

Last December, according to the suit, "a client was laying on a couch having seizures. John objected to the conditions as not being adequate to provide medical attention and recommended the client be sent to Rideout. The clinic staff accused plaintiffs of lacking professionalism for this incident. John wrote a formal complaint a few days later. The clinic changed its written policy regarding the treatment of 5150 clients following the letter, but in reality, continued to treat 5150 clients as they had before."

Section 5150 in the California Welfare and Institutions Code authorizes a qualified officer or clinician to involuntarily confine a person suspected to have a mental disorder that makes them a danger to themself or to others.

In February of this year, Myers and John were "constructively discharged" by the county, according to the suit.

They "subjectively believed the working conditions to be intolerable: nothing had been done in practice about safety and security in the workplace such that they continued to face threats of violence and felt unsafe," the suit alleged.

The "hands on" policy was still in place, and the two men felt clinic officials were "needlessly disciplining them and threatening them because they had complained about workplace conditions," the suit said.

CONTACT Harold Kruger at 749-4774

___

(c)2016 the Appeal-Democrat (Marysville, Calif.)

Visit the Appeal-Democrat (Marysville, Calif.) at www.appeal-democrat.com

Distributed by Tribune Content Agency, LLC.