Patient Revives Sex Assault Claim Against Behavioral Health Home

A patient who says she was sexually assaulted by an Illinois residential treatment facility worker can proceed with direct liability claims against his employer, a state court said.

The woman, suing as Jane Doe, sufficiently alleged TK Behavioral LLC failed to properly train, monitor, or supervise the employee at its Lemont, Ill., behavioral health facility or warn patients of a risk posed by him, the Illinois Court of Appeals, First District, said Wednesday. The court revived Doe’s claims under the Illinois Gender Violence Act, saying that the worker’s actions fell within the scope of his employment for purposes of the ...