UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FORT PIERCE DIVISION

COMPLAINT

The United States of America alleges:

I. INTRODUCTION

1. This civil action is brought by the United States against Defendants, Dr. Hal W. Brown individually, and d/b/a Primary Care of the Treasure Coast, Inc., and Primary Care of the Treasure Coast, Inc., to enforce the Americans with Disabilities Act of 1990 ("ADA"), as amended, 42 U.S.C. §§ 12181-12189, 12203, and its implementing regulation, 28 C.F.R. part 36. This action is brought pursuant to Sections 12203 and 12188 of the ADA, 42 U.S.C. §§ 12203 and 12188, based on Defendants' retaliatory, interfering, coercing, threatening and/or intimidatory termination of an elderly married couple who are deaf as patients because the couple pursued effective communication rights protected by the ADA against a nearby hospital affiliated with the Defendants.

   II. JURISDICTION AND VENUE

2. This Court has jurisdiction over this action under 42 U.S.C. §§ 12203(c) and 12188(b)(1)(B), and 28 U.S.C. §§ 1331 and 1345.
3. This Court has authority to grant a declaratory judgment pursuant to 28 U.S.C. §§ 2201 and 2202, and authority to grant equitable relief, monetary damages, and civil penalties under 42 U.S.C. §§ 12203(c) and 12188(b)(2).
4. Venue is proper in this district pursuant to 28 U.S.C. § 1391 because Defendants, Hal W. Brown ("Dr. Brown") and Primary Care of the Treasure Coast, Inc. ("PCTC") operate a medical practice and office in this District and because the events or omissions giving rise to this action occurred in this judicial district.

   III. PARTIES

5. Plaintiff is the United States of America.
6. Defendants are Dr. Brown individually, and d/b/a PCTC, and PCTC.

   IV. FACTUAL ALLEGATIONS

A. Background Facts

7. Susan Liese is profoundly deaf and communicates in American Sign Language and is an individual with a disability under Title III of the ADA, 42 U.S.C. §§ 12102, 12182(b); 28 C.F.R. 36.104.
8. James Liese is profoundly deaf and communicates in American Sign Language and is an individual with a disability under Title III of the ADA, 42 U.S.C. §§ 12102, 12182(b); 28 C.F.R. 36.104.
9. Defendant Dr. Brown is a doctor licensed to practice medicine in Florida and does business as and through a medical office known as PCTC. Dr. Brown has physician privileges at Indian River Medical Center ("Hospital") in Vero Beach, Florida.
10. Defendant PCTC is a private, for-profit Florida corporation based in Vero Beach, Florida. PCTC owns or operates a medical office. PCTC is a public accommodation within the meaning of Title III of the ADA, 42 U.S.C. § 12187(7); 28 C.F.R. § 36.104.
11. Defendants are persons within the meaning of Title V of the ADA, 42 U.S.C. § 12203.
12. In Spring 2005, Susan and James Liese began receiving medical care at PCTC, and Dr. Brown was their primary care physician.

B. Susan Liese's Hospitalization

13. On November 28, 2007, Susan Liese contacted PCTC complaining of dizziness and chest pain. PCTC referred her to the emergency room at the Hospital.
14. Dr. Guy Ulrich, a doctor with PCTC and its corporate President, saw Susan Liese at the Hospital. Dr. Theodore Perry, a doctor with the Hospital, also saw Susan Liese at the Hospital.
15. The Lieses needed and requested a sign language interpreter at the Hospital.
16. Susan Liese had emergency surgery to remove her gallbladder.
17. Dr. Brown saw Susan Liese at the Hospital.
18. No sign language interpreter or interpreting services were provided to the Lieses at the Hospital.
19. From November 2007 through March 2009, Susan Liese continued to see Dr. Brown at PCTC.
20. In April 2009, Susan Liese saw Dr. Brown twice, and she made two follow-up appointments for July 2009 and October 2009.

C. The Lieses' Threat to Sue the Hospital for Disability Discrimination Based on the Lack of Effective Communication

21. On May 8, 2009, the Lieses sent the Hospital a letter complaining that they were denied an interpreter, or any other effective communication, during the November 2007, emergency visit and gallbladder surgery.
22. The Lieses with a good faith, reasonable belief threatened to sue the Hospital under the ADA and the Rehabilitation Act of 1973 ("Rehabilitation Act"), and for want of consent and battery based on lack of effective communication.
23. The Lieses had a good faith, reasonable belief that there was no effective means for them to communicate with Hospital staff and doctors in November 2007, and that the Hospital never advised the Lieses of the diagnosis, nor the procedure, risks, options, and questions about whether to proceed with the recommended surgery.
24. On May 20, 2009, counsel for Susan Liese sent a letter to Defendants, notifying that she was represented by counsel and requested her PCTC medical records.
25. On May 26, 2009, the Hospital sent the Lieses' attorney a letter stating that the Hospital was investigating the Lieses' claims.

D. Defendants' Retaliatory and Interfering Termination of the Lieses as Patients

26. On May 28, 2009, Susan Liese paid Defendants for copies of her medical records.
27. The same day Defendants terminated Susan and James Liese as patients, providing no reasons for the termination.
28. Defendants terminated the Lieses as patients because the Lieses pursued ineffective communication claims and a lawsuit under the ADA and Rehabilitation Act for lack of effective communication and lack of auxiliary aids and services at the Hospital.
29. On June 9, 2009, Susan Liese called PCTC to ask why she was terminated as a patient. PCTC told her that Dr. Brown was downsizing his practice starting with his most recent patients.
30. On July 8, 2009, a "tester" without an actual intent to be a patient called PCTC for an appointment with Dr. Brown, describing herself as a Medicaid patient in her sixties moving to the area. PCTC offered the tester an appointment with Dr. Brown.
31. Later, however, Dr. Brown admitted under oath that he was not downsizing his practice.

E. The Lieses' Lawsuit against the Hospital

32. In November 2009, the Lieses sued the Hospital and other named defendants in that case alleging a failure to communicate effectively with them and not providing auxiliary aids and services to them in November 2007, in violation of, inter alia, Title II of the ADA and Section 504 of the Rehabilitation Act. Liese v. Indian River Mem'l Hosp., No. 09-cv-14388 (S.D. Fla. filed Nov. 20, 2009).
33. Dr. Brown testified at deposition that he and PCTC terminated the Lieses as patients when Dr. Brown became aware of the Lieses' lawsuit against the Hospital for not providing an interpreter.
34. Regarding Susan Liese's June 9, 2009 call, Dr. Brown testified at deposition that he had instructed PCTC staff to inform the Lieses that he was downsizing or closing his practice if the Lieses inquired about the reason for the termination.

    V. COUNT I
    RETALIATION IN VIOLATION OF 42 U.S.C. § 12203(a)

35. Plaintiff incorporates herein the allegations contained in paragraphs 1-34.
36. Section 503(a) of Title V of the ADA prohibits retaliation: "No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by [the ADA]." 42 U.S.C. § 12203(a).
37. Susan and James Liese are individuals within the meaning of § 503(a) of Title V of the ADA.
38. The Lieses' hiring an attorney, sending their May 8, 2009 letter threatening to sue the Hospital for disability discrimination based on the Hospital's failure to effectively communicate with them, threatening to file a lawsuit under, inter alia, the ADA and Rehabilitation Act, requesting medical records from Dr. Brown and PCTC in support of their claims against the Hospital, and paying for and picking up the medical records, all done with a good faith, reasonable belief, constitute protected activities under the ADA and the Rehabilitation Act.
39. Defendants terminated Susan and James Liese as patients because they engaged in protected activities.
40. Defendants retaliated against Susan and James Liese because they asserted their rights under the ADA and Rehabilitation Act and pursued the Hospital's alleged failure to provide effective communication in violation of 42 U.S.C. § 12203(a).
41. Defendants' conduct constitutes a violation, potential violation and/or denial of rights to a person or group of persons under Titles III and V of the ADA and the United States has determined that such conduct raises an issue of general public importance, and/or Defendants are engaged in a pattern or practice of discrimination under Titles III and V of the ADA. 42 U.S.C. §§ 12188(b)(1), 12203(c).
42. As a direct and proximate result of the Defendants' conduct in violation of the 42 U.S.C. § 12203(a), Susan and James Liese sustained damages, were harmed, and are aggrieved persons.

    VI. COUNT II
    INTERFERENCE WITH ADA RIGHTS IN VIOLATION OF 42 U.S.C. § 12203(b)

43. Plaintiff incorporates herein the allegations contained in paragraphs 1-34.
44. Section 503(b) of the ADA makes "it unlawful for any person to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, any right granted or protected by [the ADA]." 42 U.S.C. § 12203(b).
45. Susan and James Liese are individuals within the meaning of § 503(b) of Title V of the ADA.
46. The Lieses' hiring an attorney, sending their May 8, 2009 letter threatening to sue the Hospital for disability discrimination based on the Hospital's failure to effectively communicate with them, threatening to file a lawsuit under, inter alia, the ADA and Rehabilitation Act, requesting medical records from Dr. Brown and PCTC in support of their claims against the Hospital, and paying for and picking up the medical records, all done with a good faith, reasonable belief, constitute the Lieses' ADA and Rehabilitation Act rights granted and protected by the ADA.
47. Defendants coerced, intimidated, threatened and/or, interfered with, Susan and James Liese in their exercise and enjoyment of, and on account of their exercising and enjoying their rights granted and protected by terminating them as patients, in violation of 42 U.S.C. § 12203(b).
48. Defendants' conduct constitutes a violation, potential violation and/or denial of rights to a group of individuals under Titles III and V of the ADA and the United States has determined that such conduct raises an issue of general public importance, and/or Defendants are engaged in a pattern or practice of discrimination under Titles III and V of the ADA. 42 U.S.C. §§ 12188(b)(1) and 12203(c).
49. As a direct and proximate result of Defendants' conduct in violation of 42 U.S.C. § 12203(b), Susan and James Liese sustained damages, were harmed, and are aggrieved persons.

    VII. PRAYER FOR RELIEF

    WHEREFORE, the United States of America prays that this Court:

    (a) Grant judgment in favor of the United States and against Defendants on the United States' claim that Defendants retaliated against Susan and James Liese by terminating them as patients because they threatened to sue the Hospital for, or opposed, the Hospital's alleged discrimination, in violation of 42 U.S.C. § 12203(a) and its accompanying regulation;

    (b) Enjoin Dr. Brown and PCTC from refusing to accept the Lieses or any other individuals with hearing impairments as patients;

    (c) Grant judgment in favor of the United States and against Defendants on the United States' claim that Defendants interfered, coerced, threatened, and/or intimidated Susan and James Liese in their exercise and enjoyment of, and on account of their exercising and enjoying their rights granted and protected by the ADA and Rehabilitation Act in violation of 42 U.S.C. § 12203(b) and its accompanying regulation;

    (d) Enjoin Dr. Brown, PCTC, their officers, agents, and employees, and all other persons in active concert or participation with them, from discriminating against any individual because such individual has opposed any act or practice that they believe to be unlawful by the ADA;

    (e) Enjoin Dr. Brown, PCTC, their officers, agents, and employees, and all other persons in active concert or participation with them, from interfering, coercing, threatening or intimidating any individual in the exercise or enjoyment of, or on account of their having exercised or enjoyed, any right granted or protected by the ADA and Rehabilitation Act;

    (f) Require that Defendants establish a written policy for accommodating patients with disabilities, as well as train all employees on their obligations under the ADA;

    (g) Award monetary damages to Susan Liese and James Liese to compensate them for the harm they experienced pursuant to 42 U.S.C. §§ 12188 and 12203;

    (h) Assess a civil penalty against Dr. Brown and PCTC, in the amount of $55,000 each, as authorized by 42 U.S.C. § 12188(b)(2) and 28 C.F.R. § 36.504(a)(3) to vindicate the public interest; and

    (i) Order such other appropriate relief as the interests of justice require.

July 29, 2013