BELL COUNTY, Texas (KXXV) — A Bell County judge on Thursday rejected a motion to dismiss a civil sexual assault lawsuit against former Fort Hood OB-GYN Maj. Blaine McGraw.
He appeared in court Thursday for a hearing on the motion to dismiss he filed January 30.
McGraw is representing himself from jail as he faces allegations of secretly recording and inappropriately touching patients during private exams.
During the hearing, the judge reminded McGraw of his Fifth Amendment rights against self-incrimination. However, McGraw continued to make statements in the courtroom. Before the judge's ruling was handed down, McGraw told the court he "cares about his patients" and helped them "the best he could." He also added that hearing the allegations against him was "breaking his heart."
After the hearing, McGraw filed a motion for special exception. It's a procedural tool used to challenge defects, vagueness, or legal insufficiencies in an opponent's pleadings.
McGraw claims in the 13-page motion 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.
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He also argues 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.
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.
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According to the U.S. Army Office of Special Trial Counsel, the majority of the alleged offenses occurred during medical examinations with female patients at the CRDAMC.
