Case 1:18-cv-02475-TWP-DLP Document 24 Filed 01/17/19 Page 1 of 4 PageID #: 64

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

HARRY KEVIN WADE )

)
)
)
Plaintiff, )
) CAUSE No. 1:18-cv-2475-WTL-DLP
v. )
)
INDIANA DEPARTMENT OF CHILD )
SERVICES, LIFELINE YOUTH )
AND FAMILY SERVICES, INC. )
Terry J. STIGDON, KELLY MCSWEEN, )
KRISTINE KILLEN, DAVID REED, )
HEIDI DECKER, SARAH SPARKS, )
JACOB MAY )
Defendants. )

AMENDED COMPLAINT
Plaintiff, Harry Kevin Wade, by counsel, hereby brings his Amended Complaint, as

follows:

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

2. Defendant, Indiana Department of Child Services is a department within the State of

Indiana.

3. Defendant, Lifeline Youth and Family Services, Inc. has contracted with the Indiana

Department of Child Services and employed Plaintiff.

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

Defendant, Indiana Department of Child Services.

5. This Court has jurisdiction pursuant to 28 USC 1331, as this case presents claims

under 42 USC 1983 and 1988.

Case 1:18-cv-02475-TWP-DLP Document 24 Filed 01/17/19 Page 2 of 4 PageID #: 65

6. Plaintiff worked for Defendant Lifeline as a counselor to clients sent by Defendant

Department of Child Services from May 19, 2015 until his termination on January 25, 2018.

7. On January 18, 2018, a DCS caseworker named Kelly McSween asked Mr. Wade to

begin what is known as “Family Centered Therapy” (FCT) for a family with a transgender child

who identified as a male.

8. There was evidence that the parents were engaged in substance abuse. Mr. Wade,

pursuant to his understanding of his ethical responsibility as a therapist, informed Ms. McSween

that his personal background and beliefs as a Christian minister could serve to harm the

therapeutic process. As a Christian minister, his exposure to transgender individuals was

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

9. Mr. 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.

10. At no time did Mr. 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.

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

Department of Child Services, copies to David Reed, Sarah Sparks and Jacob May, to Mr.

Wade’s employer, Lifeline Youth and Family Services, Inc., which stated that Mr. Wade “could

have no further contact with DCS clients.” No reason was given for this decision, other than the

bald assertion that “DCS has become dissatisfied with the services provided by Mr. Wade.”

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

Wade would necessarily lose his job. Shortly thereafter, Mr. Wade was terminated by Lifeline.
Case 1:18-cv-02475-TWP-DLP Document 24 Filed 01/17/19 Page 3 of 4 PageID #: 66

12. Mr. Wade was fired due to this arbitrary and capricious decision by the Department

of Child Services. Mr. Wade received no hearing or appeal, and as such was deprived of a

property interest in his job with Lifeline without sufficient opportunity to be heard.

13. Defendant, Lifeline has contracted to provide services for Defendant Department of

Child Services, and as such, Lifeline can be held liable under 42 USC 1983.

14. Each individual defendant is employed by the Department of Child Services and each

participated in the decision to bar Plaintiff from counselling individuals referred by the

Department.

15. The decision to bar Plaintiff from counselling individuals referred by the

Department was arbitrary, capricious, and contrary to the guidance that the Department provides

to counsellors such as the Plaintiff.

16. Plaintiff possessed a property right in his work to provide counselling to individuals

referred by the Department.

17. Plaintiff was not afforded any opportunity to appeal or dispute the decision to bar

Plaintiff from counselling individuals referred by the Department.

18. Plaintiff was deprived of a property right by individuals acting under color of state

law without any semblance of due process, as is required by the 14th Amendment to the

Constitution of the United States as codified by 42 USC 1983.

19. As a result of Defendants’ violation of the Constitution and laws of the United States,

Plaintiff has suffered substantial damages.

20. Plaintiff is entitled to recover his attorney fees and expenses related to this case,

pursuant to 42 USC 1988.

21. Plaintiff seeks injunctive relief against the Defendants, the Department and Lifeline.
Case 1:18-cv-02475-TWP-DLP Document 24 Filed 01/17/19 Page 4 of 4 PageID #: 67

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

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

interest, injunctive 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