February 2, 2016
3801 Connecticut Avenue, NW
Apartment 136
Washington, DC 20008
The Honorable Leslie R. Caldwell
Assistant U.S. Attorney General
Criminal Division
Office of the Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
RE: Failure of State Agency to Provide
Legally-Mandated Services
Dear Attorney General Caldwell:
I am writing to you pursuant to the
Petition Clause of the First Amendment.
I hereby petition the U.S.
Department of Justice to compel the D.C. Department of Behavioral Health (DBH) to provide the psychiatric
services to which I am entitled as a resident of the District of Columbia who
is disabled and who has been diagnosed with severe (psychotic) mental illness. I had been receiving psychiatric services
continuously from July 1996 to until February 2, 2015 (20 years), on which date
my treatment was abruptly terminated without warning and only two weeks after
DBH dispatched an MPDC officer to my residence (January 13, 2016) out of
concerns about the severity of my mental condition.
The District Government has made
numerous admissions over many years that my situation is extremely serious.
Sincerely,
Gary Freedman
cc: Dr. Royster (DBH); Karl A.
Racine (DCOAG); FBI
February 2, 2016
3801
Connecticut Avenue, NW
Apt. 136
Washington, DC 20008
Tanya Royster, M.D.
Director
D.C. Department of Behavioral Health
Third Floor
64 New York Avenue, NW
Washington, DC 20002
Dr. Royster:
I have received psychiatric
treatment provided by the D.C. Department of Behavioral Health (DBH) since the
year 1996, 20 years. On Monday February 1, 2016, I was advised by Monica
Acharya, M.D., attending physician at the K Street Clinic (35 K Street, Washington,
DC), that DBH was involuntarily terminating my psychiatric treatment with Alice
E. Stone, M.D., a third-year psychiatry resident working under the supervision
of Earle Baughman, M.D. (St. Elisabeths Hospital). Dr. Stone had been
providing psychiatric treatment to me since August 2015, five months. My patient record will not disclose any
conflicts with Dr. Stone throughout the treatment.
Dr. Acharya told me that I needed to
see an experienced psychiatrist, and that DBH has no experienced psychiatrists
who can treat me. Dr. Acharya made no effort to help me locate
alternative treatment. Dr. Acharya
admitted that my case is extremely serious.
On the evening of January 13, 2016 Dr. Acharya had an MPDC officer
dispatched to my residence out of concerns about me.
I want to make it clear: I did not refuse to see my treating
psychiatrist, Dr. Stone. I had simply
requested to see a male therapist and/or a psychodynamically-oriented therapist
(see attached). I did not file a
complaint against Dr. Stone to anyone at DBH; I had communicated my concerns
about Dr. Stone’s professional competence to my case manager, Natalie Nichols
at the McClendon Center (see attached).
I am a resident of the District of
Columbia; I have been diagnosed with severe (psychotic) mental illness
including paranoid schizophrenia. DBH has a legal duty to provide treatment.
My case is of a nature that it must
not be allowed to languish.
I need to remind you of troubling
aspects of my history.
1. Dennis M. Race, Esq., (202
887-4028) senior counsel with my former employer, the law firm of Akin Gump
Strauss Hauer & Feld, determined, in consultation with a practicing
psychiatrist, that I was potentially violent and unemployable. Mr. Race
concluded that I posed a direct threat in the workplace.
2. I have been under federal
investigation by the U.S. Secret Service (redacted) as a potential security risk to former President Bill Clinton.
3. I have been under federal
investigation by the U.S. Secret Service (redacted) as a potential
security risk to President Obama.
4. I have been under federal
investigation by the U.S. Marshals Service (redacted) as a potential
security risk to U.S. District Court Judge (redacted). At the
time of the investigation the USMS imposed temporary protective measures
against me.
5. I was advised by the U.S.
Capitol Police (redacted) that my name has been placed on a federal
watch list of potentially violent felons.
6. In the year 2004 10 MPDC
officers (including an MPDC Second District Supervisor) and 4 FBI agents were dispatched to my
residence based on concerns that I might become armed and extremely dangerous.
7. I am completely isolated
socially. I have no friends or social contacts of any kind. My only
relative is a sister who lives in New Jersey. I rarely see her. I
live within walking distance of the federal district in Washington, DC. I
suffer from profound loneliness. Psychological testing performed in the
year 2014 disclosed that I am "severely paranoid."
I strongly urge the DC Department of
Behavioral Health to locate appropriate counseling treatment for me. I am
sure several U.S. Congressmen would be interested to learn about DBH's handling
of my case.
Sincerely,
Gary Freedman
January
15, 2016
3801 Connecticut Avenue, NW
Apartment 136
Washington,
DC 20008
Monica Acharya, M.D.
Mental Health Clinic
35 K Street, NE
Third Floor
Washington, DC 20002
Dear Dr. Acharya:
I receive weekly out-patient
psychotherapy with Alice E. Stone, M.D. at 35 K Street. Dr. Stone’s technique is primarily
supportive. I require psychodynamic,
insight-oriented therapy. Could you help
locate a therapist for me who offers psychodynamic, insight-oriented
therapy? The attached letter addressed
to Dr. Stone outlines some of my psychological problems.
You can reach me at telephone number
(202) 362-7064.
Thank you.
Sincerely,
Gary
Freedman
January 12, 2016
3801 Connecticut Avenue, NW
Apartment 136
Washington,
DC 20008
Tanya A. Royster, M.D.
Director
D.C. Department of Behavioral Health
64 New York Avenue, NE
Third Floor
Washington, DC 20002
Dear Dr. Royster:
I am a consumer of mental health
services provided by the D.C. Department of Behavioral Health (DBH). I receive supportive psychotherapy and
medical management provided by Alice E. Stone, M.D., a third year psychiatry
resident at 35 K Street. Dr. Stone works
under the supervision of Earle Baughman, M.D. (St. Elisabeths Hospital).
I am deeply concerned about the
failure of DBH to provide appropriate psychotherapy for me, which would be
psychodynamic, insight oriented therapy.
Supportive psychotherapy is inadequate for my needs.
I need to remind the DBH that the
D.C. Office of Attorney General and others have grave concerns about my case
and my potential for violence, including the potential for armed mass homicide.
1. The D.C. Office of Attorney
General affirmed as genuine and credible a psychiatric opinion offered to my
former employer, Akin Gump Strauss Hauer & Feld (Dennis M. Race, Esq.)
(1991) that concluded that I suffered from severe mental illness that rendered
me unsuitable for employment and a direct threat in the workplace. The employer in a sworn statement stated that
it feared, based on said psychiatric opinion, that allowing me to remain on the
firm’s premises posed a negligence risk to the firm. (The psychiatrist in question, Gertrude R.
Ticho, M.D. (deceased) denied ever having offered said opinion to the employer. See letter to William J. Earl, Esq. dated
March 19, 1996 (enclosed)).
2.
The D.C. Court of Appeals did not find that my former supervisor’s
published fear (1991) that I might commit a mass homicidal assault on the
firm’s premises and her act of securing her office against such an assault was
motivated by discriminatory animus. See
Record at 41, Freedman v. D.C. Dept. Human Rights, D.C.C.A. no. 96-CV-961
(Sept. 1, 1998).
3.
The D.C. Office of Attorney General found that my coworkers’ fears that I
might become armed and extremely dangerous in August 1989 (two years before my
job termination) were genuine and credible.
The AG concluded that my coworkers had genuine and credible fears that I
might “buy a gun, bring it in, and shoot everybody.” See Brief of D.C. Office of Corporation
Counsel at 8 citing Record at 276, Freedman v. D.C. Dept. Human Rights,
D.C.C.A. no. 96-CV-961 (Sept. 1, 1998).
4.
On October 12, 2004 the MPDC dispatched 10 police officers and four FBI
agents to my residence to escort me to D.C. General Hospital for an emergency
forensic psychiatric examination. The
MPDC feared that I might become armed and extremely dangerous.
I urge the DBH to heed the concerns
of the D.C. Attorney General and the MPDC and provide the psychodynamic
psychotherapy that I require.
Thank you.
Sincerely,
Gary Freedman
cc: DC AG (Karl A. Racine);
USDOJ (Leslie R. Caldwell)
MEMORANDUM
TO: File
FROM: Dennis M. Race [initialed DMR]
DATE: October 29, 1991 CONFIDENTIAL
RE: Gary Freedman
__________________________________________
In the course of investigating Gary's complaints about working conditions (none
of which, by his own admission, involved activity or conduct which had a direct
impact on him), I concluded that Gary's inability to work or interrelate with
others is a substantial problem for the firm. There is only so much work that
can be done without any interaction among our staff (which is what he requests)
and his continued presence in the firm has been extremely disruptive. Reported
outbursts and arguably bizarre behavior have made it uncomfortable and
sometimes disruptive for many of his co-workers -- some of whom have voiced
fear in working with or nearby him. In addition he is very difficult to
supervise.
Malcolm Lassman and I have also discussed this matter, including Gary's work
habits (as well as his habit of putting negative meanings to even trivial
events i.e., "ideas of reference") with two outside consultants and
both concurred that termination was the sound approach to take. One outside consultant also cautioned about
the possibility of violence.
Accordingly, on the basis of disruptive work habits, unusual behavior and
discussions with outside consultants, I believe that termination is warranted.
Indeed, to do otherwise may prove to be negligent. I have discussed this with
representatives of the Management Committee and our Administrative Staff and
everyone concurs.
Gary will be given an additional two weeks severance (a total of four weeks)
not only to cover extra time to look for alternative work but also to help
cover insurance costs which will be borne directly by him upon leaving the
firm.
-----Original
Message-----
From: Gary Freedman <garfreed@aim.com>
To: nnichols <nnichols@mcclendoncenter.org>
Sent: Thu, Jan 21, 2016 1:39 pm
Subject: psychotherapy -- Dr. Stone
Ms. Nichols,
I want to confirm that we spoke about the following issues concerning my
psychiatrist Dr. Stone, today January 21, 2016.
It is my belief that Dr. Stone falls short of providing appropriate and
effective psychotherapy.
1. Dr. Stone gives the impression of having intellectual
limitations. She me told the the following anecdote: "Before I went
to medical school people were saying to me, 'You're not smart enough to be a
doctor. You should be a nurse.'" It is my subjective
perception that Dr. Stone is not the intellectual equal of other residents I
have seen. Without intending to brag, I want to report that my overall IQ
was measured at 125 (95th percentile) and my verbal IQ was measured at 136 (99th
percentile). On the School and College Abilities Test (SCAT) my verbal
reasoning was measured at 97th percentile among a pool of gifted
students. The SCAT test is only administered to gifted students. I
find it a strain talking to Dr. Stone.
2. Dr. Stone's professional demeanor is unprofessional and adverse to the
process of therapy, which involves the disclosure of sensitive material by a
patient. Dr. Stone tells wisecracks and jokes throughout the
session. For example: In late December 2015 I told Dr. Stone that I
had lined up a possible alternative therapist for me in private practice who
happened to be a woman. Dr. Stone responded (knowing that I wanted
a male therapist), "Well, it sounds like -- if she got a sex change
operation she would be the ideal therapist for you."
Dr. Stone said she told the following wisecrack to a fellow psychiatry
resident, Dr. Youssefi, a Muslim from Iran: "Do you lock your wife in a
room all day?" When I told her that statement was offensive she
said, "He laughed."
When I was talking to Dr. Stone about being on the Atkins Diet and the issue of
fat metabolism she said, "Oh, it's been so long since I was a real
doctor."
3. Dr. Stone seems unable to maintain clinical distance and maintain
appropriate professional boundaries. She acts as if she were talking to a
friend -- not a patient:
She has told me the following personal facts, which no doctor should reveal to
a patient.
a. Her daughter has autism.
b. Her mother's birthday is December 20, and her mother gets angry if you
only get her a Christmas present and no birthday present.
c. Her father has suffered from sleep apnea.
d. Her mother attended American University and complains about the high
tuition.
c. Dr. Stone reported her mother is about my age (62): Dr. Stone
said, "My mother says to me, 'Am I going to die soon?'"
d. Dr. Stone has revealed that she suffers from ADHD
4. Dr. Stone talks way too much. It's as if she were holding
conversations with me, not doing psychotherapy. She's a chatter box.
This may be a symptom of her ADHD.
Gary Freedman
202 362 7064
