BELL COUNTY, Texas (KXXV) — Former Fort Hood OB-GYN Maj. Blaine McGraw has filed a motion to dismiss the sexual assault lawsuit against him on behalf of dozens of Jane Does, according to Bell County court records.
Court records show that the motion to dismiss was filed pro-se, meaning on behalf of himself on Friday, Jan. 30
Motion to dismiss
According to the 13-page, handwritten motion by McGraw obtained by 25 News, he claims the Bell County District Court lacks jurisdiction over the case and that it belongs in federal court under the Federal Tort Claims Act due to the allegations against him occurred on federal property and by a federal employee.
"Claims within this context are strictly governed by the Federal Tort Claims Act," McGraw wrote in the motion filed in Bell County's 146th District Court.
McGraw also claims the Bell County Jail violated its contract with the Army by leaking his mugshot photo and case details to news outlets within hours of his arrival, despite requirements to keep such information sealed for soldiers in pretrial confinement.
"Clearly this contract has been breached, as the photographs taken by Bell County Jail, as well as misinformed reports of the allegations and the defendant's legal status, were leaked within hours," McGraw wrote.
The U.S. Army and Fort Hood contracts with Bell County Jail to house Fort Hood soldiers in pretrial confinement because the base no longer operates its own stockade.
McGraw cites the 2014 Texas appellate case Hallbauer v. Oviedo, where a Montgomery County court dismissed a malpractice lawsuit against a federal employee doctor. The appeals court ruled state courts lacked jurisdiction and the proper defendant should have been the United States government.
"All parties in this cause agree that the defendant was acting as an agent of the United States when the alleged wrongdoings occurred," McGraw wrote.
The motion argues that adjudicating the case would require access to federal medical records and investigative documents that state courts cannot compel the federal government to provide.
Campaign criticism
McGraw also accuses attorney Andrew Cobos of contaminating the jury pool through media appearances, including a Nov. 4 press conference at Fort Hood's Bernie Beck Gate.
McGraw claims Cobos called the case, "the largest case of sexual assault in the history of the U.S. Army, with potentially thousands of victims" without evidence.
"Mr. Cobos was not describing the criminal allegations, he was making new allegations," McGraw wrote.
In an interview with 25 News' Bella Popadiuk, Cobos responded to McGraw's claims about him, saying there has been no crafted narrative.
"Dr. McGraw crafted the narrative against himself by taking photographs of women in his care improperly," Cobos said. "He is taking advantage of his rank, of his coat, of his position, of his knowledge and he's using that for sexual gratification."
What's next
Following McGraw's filing to dismiss the case, a motion was filed to strike McGraw's request for default judgement. At this point, it's unknown how or if the judge ruled on that motion.
According to online court records, McGraw does not have an active attorney and is representing himself.
25 News has reached out to the Cobos Law Firm, Carlson Law Firm and Sanford Heisler Sharp McKnight, the law firms representing the alleged victims of McGraw, for comment on these developments.
25 News' Bella Popadiuk spoke with Andrew Cobos, lead attorney with the Cobos Law Firm, and will have more Tuesday, Feb. 3 during our 5 and 6 p.m. newscast.
Laurie Higginbotham with the National Trial Law Firm, which has filed a separate case against the U.S. Army, said McGraw's recent filing to dismiss his case does not change anything about the case against the Army.
You can view the full motion to dismiss from McGraw here:
This is a developing story and will update as we learn more.
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