BELL COUNTY, Texas (KXXV) — A former Fort Hood Army doctor accused of sexually abusing more than 80 former patients has filed a 13-page handwritten motion asking a Bell County judge to dismiss the civil lawsuit against him.
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Former Army OB-GYN Major Blaine McGraw is representing himself from jail as he faces allegations of secretly recording and inappropriately touching patients during private exams. The Cobos Law Firm filed the lawsuit months ago on behalf of 82 Jane Does.
"He is taking advantage of his rank. Of his coat, of his position, of his knowledge, and he's using that for sexual gratification," attorney Andrew Cobos said.
In his motion for dismissal, McGraw argues the case should be handled in federal court under the Federal Tort Claims Act instead of state court. He also cited several other reasons for dismissal, including his location and status in jail.
McGraw claims violations of due process and what he calls outside attempts to influence the jury pool in Bell County. He states he does not have access to the internet in jail or "any means by which I might seek out competent legal representation for such a complex set of allegations addressed in this civil suit."
Cobos said he is not surprised by the motion for dismissal, calling it very common in lawsuits. He explained that McGraw would prefer federal court coverage because it would shift financial liability to the U.S. government rather than exposing him and his family to individual liability.
"These claims in Bell County are being brought against him individually. It exposes him and his family to individual liability for his improper actions. Now, he would much rather be covered under the Federal Tort Claims Act, because then he has the United States government that would step up and pay any of the damages that are recovered by the victim," Cobos said.
The attorney questioned McGraw's claims about internet access, noting the motion cites specific legal cases with precise citations.
"I find it simply unbelievable that Doctor McGraw claims that he has no internet access, and yet he is citing very specific cases with very specific citations that are not common knowledge. He's a physician, he's not a lawyer," Cobos said.
McGraw remains in pretrial confinement at Bell County Jail. Cobos said he still believes Bell County is the proper jurisdiction for this case. The motion will be set for a future hearing where Cobos will appear before the court to argue why Bell County should maintain jurisdiction over the individual claims against McGraw.
You can view the full motion to dismiss from McGraw here:
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