Author: Attorney Kevin Madison

April 25, 2018 Attorney Kevin Madison Comments Off on JUDGMENT AGAINST CONVICTED CHILD MOLESTER PSYCHIATRIST IN AUSTIN ON APRIL 25, 2018

JUDGMENT AGAINST CONVICTED CHILD MOLESTER PSYCHIATRIST IN AUSTIN ON APRIL 25, 2018

Attorney Stephen Stewart and I represented the first victim to sue Dr. Charles Fischer, the Austin State Hospital Psychiatrist who was convicted of multiple counts of Indecency with a Child By Contact and Indecency with a Child By Exposure. This morning Judge Jan Soifer signed a judgment for our client (granting our Motion for Summary Judgment) and against Dr. Fischer for $750,000! Stephen did a spectacular job on our motion for summary judgment.

My office handles cases involving Sexual Exploitation of Patients against Doctors, Psychiatrists, Psychologists, Counselors, Clergy as well as cases against Attorneys who molest or sexually abuse their clients, throughout the State of Texas.

Attorney Kevin R. Madison- Former Police Chief and Former Assistant District Attorney of Travis County

April 4, 2018 Attorney Kevin Madison Comments Off on SAN ANTONIO LAWYER CONVICTED OF SEX TRAFFICKING

SAN ANTONIO LAWYER CONVICTED OF SEX TRAFFICKING

I handle cases against doctors, therapists, psychiatrists, and psychologists and attorneys, throughout Texas, who violate their moral, ethical, and legal duties to their patients and clients by committing Sexual Exploitation. This criminal case against a San Antonio lawyer just concluded the guilt-innocence phase yesterday. Defendant lawyer was found guilty on all 6 counts. What is even more striking is that the District Attorney’s Office prosecuted the attorney as a sex trafficker which means he could face 25 years to 99 years in prison rather than a simple misdemeanor jail sentence for prostitution. I have attached the link to this criminal case report, below.

https://www.mysanantonio.com/news/local/article/Former-S-A-lawyer-s-sex-case-could-go-to-jury-12802056.php

Kevin

Even if Your Employer is not Subject to the EEOC You May Still Have a Claim!

Even if Your Employer is not Subject to the EEOC You May Still Have a Claim!

What can you do if you are the target of unwanted sexual advances or groping by your employer and you work for a sole proprietor or a small business? A business that clearly does not fall within the jurisdiction of the federal or state Equal Employment Opportunity Commission (EEOC) administrative agencies that pursue sexual harassment claims against employers who have 15 or more full-time employees. I receive several calls a month from women who have been groped or relentlessly harassed by their boss at small businesses or sole proprietorships.

Many of these women have been turned away by EEOC sexual harassment law attorneys after being told, “I’m sorry, we can’t take your case because your employer has less than 15 full-time employees, so you can’t assert a EEOC claim against them.” This is a very sad situation because many of these women have unnecessarily waived their legal right to assert a claim against a predatory employer, after being told that they had no right to assert a sexual harassment claim under the EEOC laws. Many of these egregious acts of harassment, assaults, and even sexual assaults are being committed by the owner of these businesses. No matter what size entity you work for, you have the legal right to sue an individual personally for assault, groping, or repeated lewd and lascivious behavior that borders on intentional and extreme outrageous conduct!

At my law firm, we do not handle cases that are subject to the strict rules and regulations of the Equal Employment Opportunity Commission (EEOC). We pursue sexual harassment cases against directly against the individuals who commit these atrocious acts- the business owners and high-level supervisors. We utilize long-standing state laws that prohibit unwelcome touching (“assault by contact”) and outrageous conduct that causes serious emotional distress (“intentional infliction of emotional distress”), rather than using federal Equal Employment Opportunity laws that prohibit sexual harassment. In cases that involve groping, touching, or outrageous intentional lewd conduct, we can file civil charges of Assault by Contact and Intentional Infliction of Emotional Distress are utilized to pursue those who sexually harass their employees.

Here’s a question I hear a lot from prospective clients, “Do I have to use my real name if we file a lawsuit?” The answer is, “no.” In many cases, when we file lawsuits involving perpetrators for sexual assaults, we use using a pseudonym, such as “Jane Doe” instead of using the client’s real name, to protect their identity.

All calls or emails are held in the strictest of confidence. I have a female R.N. on staff to accommodate women who are more comfortable speaking with another woman. All cases that we accept are accepted on a percentage fee basis- there is never a retainer or hourly fee. If we are unable to obtain a settlement for a client, the client does not pay us a penny for our time or costs.

Please call for a consultation (512-708-1650) or email me (kevin@kevinmadison.com) for an appointment or free confidential telephone consultation. Also, please check out my website at http://texassexualharassmentattorney.com.

Attorney Kevin R. Madison

Sexual harassment Case Against North Texas Doctor

Attorney Kevin Madison settled a sexual harassment claim against a North Texas doctor for the sum of $25,000.00.

January 3, 2018 Attorney Kevin Madison Comments Off on Lawsuit Filed Against Texas Child Protective Services Investigator for Sexting Woman being investigated

Lawsuit Filed Against Texas Child Protective Services Investigator for Sexting Woman being investigated

Just filed a lawsuit against a CPS (Child Protective Services) Investigator employed by the State of Texas for sending lewd text messages and pornographic photo to a woman he was investigating. Suit filed on January 1, 2018 in Travis County Court at Law.

SETTLEMENT OF STD NEGLIGENT TRANSMISSION CASE

SEXUAL HARASSMENT/EXPLOITATION ATTORNEY KEVIN MADISON JUST SETTLED A CLAIM AGAINST A TEXAS MAN WHO INFECTED HIS SEXUAL PARTNER WITH HERPES VIRUS FOR $150,000.00.   At the Law Offices of Kevin R. Madison, P.C., Attorney Kevin R. Madison has settled cases throughout Texas for Intentional, Reckless, and Negligent Transmission of Sexually Transmitted Diseases (Herpes Simplex Virus) for amounts that range from $25,000 to over $160,000. Although the most common STD claims are usually Herpes Simplex Virus (HSV) claims, we handle all types of sexually transmitted disease claims, including: Herpes, HIV, AIDS, Hepatitis, Human Papillomavirus (HPV), Genital Warts, Gonorrhea, Syphilis, Pelvic Inflammatory Disease (PID), and Chlamydia.  Call for a free telephone or office consultation. (512) 708-1650. All consultations are held in the strictest of confidence. We have a female Registered Nurse on staff for those who prefer to discuss their case with a female medical provider.

SEXUAL HARASSMENT AT WORK

Sexual Harassment at Work (copyright 2017)

Sexual Harassment occurs when an employer, supervisor, or co-employee makes unwelcome sexual advances, requests for sexual favors, or unwanted physical contact that is offensive or lewd.

Employees have the legal right to assert sexual harassment claims against their employer based on sexual harassment and sexual discrimination at the workplace if the employer fails to take corrective action or violates a mandate contained in federal or state regulations.

These cases are brought under the 1964 Civil Rights Act, Title VII. The complaint is filed by an individual or their attorney with the Texas Workforce Commission or the Federal Equal Employment Opportunity Commission (EEOC). Claims pursued against employers under the 1064 Civil Rights Act can only be investigated and pursued if your employer has 15 or more full-time employees. The first question a labor law attorney will probably ask you is, “how many full-time employees does your employer have.”

What do employees do when they work for a small business or just one boss? At my law firm, we do not handle EEOC cases. We do not have to worry about the onerous time reporting limitations, some as short as 180 days, and 15 employee threshold requirements of federal and state civil rights laws.

We pursue sexual harassment cases against employers, business owners, and high-level supervisors using Common Law (case law not statutes). Case law that comes from our English Justice system. For hundreds of years, England and America have recognized the legal right of an assault victim (physical assault with bodily injury and even offensive touching) to sue their assailant.

In cases that involve groping, touching, or outrageous intentional lewd conduct, we assert a claim of “civil assault” against the offender. Civil charges of Assault by Contact and Intentional Infliction of Emotional Distress are utilized to pursue business owners and upper level management (President, Vice President, CEO, Directors, etc.) who sexually harass and physically assault an employee. Some examples of illegal conduct by an employer or a high-level supervisor include:
• Repeated unwelcome comments of a sexual or lewd nature to an employee
• Sending lewd or pornographic emails, text messages, or voicemail to an employee
• Unwelcome groping or touching of an employee
• Unwelcome kissing of an employee
• Sexual assault of an employee
• Requesting sexual acts from an employee
• Describing sexual fantasies about an employee to that employee

In Texas, it is illegal for an employer to even touch an employee in a manner that would be considered offensive or provocative by a reasonable person.

We have obtained monetary damage recoveries against doctors, lawyers, business owners, and others who have molested their employees by kissing their employees, touching their employees’ buttocks or breasts, and even lewd and lascivious behavior, such as making repeated and unwelcome lewd comments of a sexual nature.

Send any questions you want answered to: kevin@kevinmadison.com.  There is never a fee for a confidential telephone or email consultation at my law firm.

Attorney Kevin R. Madison

Invasion of Privacy Case Settlement in Dallas, Texas

The law Offices of Kevin R. Madison just settled an Invasion of Privacy case in Dallas against a Perpetrator who attempted to take video recording of our Client partially undressed. Confidential 5 Digit settlement!

We handle Invasion of Privacy cases, like this, throughout Texas, always on a percentage (contingency) fee basis. Never a retainer and never an hourly fee. If no recovery obtained, the client does not pay us a penny. All consultations are held in strictest of confidence and female nurse on staff. Telephone consultations available 7 days a week.

Attorney Kevin R. Madison

Tel (512) 708-1650

 

Suing Your Employer or High-Level Supervisor for Sexual Harassment

Suing Your Employer or High-Level Supervisor for Sexual Harassment

Sexual Harassment occurs when an employer or supervisor makes continued unwelcome sexual advances, requests for sexual favors, or unwanted physical contact that is offensive or lewd. At The Law Offices of Kevin R. Madison, P.C. we vigorously pursue cases against employers and high-level supervisors who sexually harass employees. Mr. Madison has pursued business owners, doctors, psychiatrists, lawyers for sexually harassing their employees.

Kevin R. Madison pursues sexual harassment cases against employers, business owners, and high-level supervisors using state laws that prohibit unwelcome touching (“assault by contact”) and outrageous conduct that causes serious emotional distress (“intentional infliction of emotional distress”), rather than using federal Equal Employment Opportunity laws that prohibit sexual harassment.

In cases that involve groping, touching, or outrageous intentional lewd conduct, Mr. Madison pursues the predators using Texas statutes and causes of action recognized by Texas appellate courts (case law). Civil charges of Assault by Contact and Intentional Infliction of Emotional Distress are utilized to pursue those who sexually harass their employees.

Some examples of illegal conduct by an employer or a high-level supervisor include:

  • Repeated unwelcome comments of a sexual or lewd nature to an employee
  • Sending lewd or pornographic emails, text messages, or voicemail to an employee
  • Unwelcome groping or touching of an employee
  • Unwelcome kissing of an employee
  • Sexual assault of an employee
  • Requesting sexual relations from an employee
  • Describing sexual fantasies about an employee to that employee
March 11, 2017 Attorney Kevin Madison Comments Off on CIVIL TORT CLAIMS FOR PHYSICAL ASSAULT, SEXUAL ASSAULT & INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

CIVIL TORT CLAIMS FOR PHYSICAL ASSAULT, SEXUAL ASSAULT & INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

CIVIL TORT CLAIMS FOR PHYSICAL ASSAULT, SEXUAL ASSAULT & INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

There is a movement across the United States to seek redress for assaults and sexual assaults in civil courts. Although we are all too familiar with the criminal justice system as a system of redress for victims of sexual assaults, many victims remain unaware that they may have a viable cause of action for monetary (money) damages against sexual predators in the civil justice court system. These civil actions are becoming more common in courts throughout the U.S.   I was the first attorney in Travis County to file a civil lawsuit against a rapist and obtained a judgment of 1.5 million dollars around 1987. My experience and training as a police officer, police chief, and prosecutor helped shaped my destiny as an advocate for victim rights in the civil justice system.

Why file a civil lawsuit against the perpetrator of a sexual assault or the owner of the premises where a sexual assault took place? There are several answers to this question. I think, foremost, that by initiating civil litigation against a perpetrator, a crime victim can help regain her or his feelings or balance and control over their environment. Sexual and physical assaults can cause emotional scars that leave a victim feeling as if they have lost control of their lives. If a crime victim can get out of the “role” of “victim” they may be able to regain a feeling of independence and control over their own life again. This redemption or catharsis may be the most important of all reasons for pursuing civil litigation against a perpetrator.

Other reasons for pursuing civil litigation against predators include, but are not limited to:

(1) Exposing individuals who commit these crimes to the public through media coverage and press releases;

(2) Seeking money damages to assist the victim in obtaining medical and psychological counseling;

(3) Obtaining information about the predator or dangerous premises that may help law enforcement or criminal prosecutors prevent future attacks.

Before one considers going down the path of civil litigation, a conference with an attorney who is well-versed in crime victim law and inadequate security litigation should occur. Beware of attorneys who advertise in the yellow pages or television who claim to be “experts” in personal injury and intentional injury (tort) law. Most attorneys who advertise on TV or in telephone directories have little or no network of former clients for referrals and practice a high-volume “mill” law practice.

Crime victim cases and inadequate security cases are much different than automobile collision personal injury cases. Most lawyers are wholly unequipped to properly investigate these cases and do not understand how to prosecute these civil cases. They do not understand the nature of these cases, the elements of proving these cases, or how to utilize litigation “tactics” to win these cases. There are only a handful of lawyers in the United States who understand these cases. My background as a security supervisor of a 28 story co-ed college dormitory shopping mall complex (Dobie Center in Austin), 4 years street experience as a police officer, experience as a prosecutor, coupled with 25 years litigation experience and 18 years judicial experience give me a unique advantage over other attorneys in this area of law. I am also a licensed EMT-I and have served as a Firefighter/EMS First Responder for 5 years with Austin EMS. I understand the emotional and physical trauma that criminal predators inflict on their victims.

What kind of cases might a crime victim be able to pursue?

  • DATE RAPE
  • SEXUAL ASSAULT BY KNOWN PERPETRATOR
  • SEXUAL EXPLOITATION AND SEXUAL ABUSE BY DOCTOR, THERAPIST, OR CLERGY
  • SEXUAL ASSAULT BY UNKNOWN PERPETRATOR ON PRIVATE PROPERTY (PARKING GARAGE, SHOPPING MALL, NIGHTCLUB, APARTMENT COMPLEX)
  • INCEST
  • SEXUAL HARASSMENT WHICH INCLUDES UNWANTED TOUCHING

An experienced attorney should be able to discuss statutes of limitations which bar civil lawsuits from being pursued if a plaintiff delays too long after the cause of action accrues. For example, a victim of a simple assault by touching has two years to bring her lawsuit against the perpetrator. More serious assaults even ones that cause death are limited to the two-year limitation period (See Texas Civil Practice & Remedies Code, Sec. 16.003). The same limitation applies to a civil cause of action for “Intention Infliction of Emotional Distress” against a perpetrator. I use Intentional Infliction of Emotional Distress claims when I am dealing with non-violent assaults like the office supervisor who is groping on his subordinate female employees and making lewd statements to them. I sued an Austin doctor using simple assault and intentional infliction of emotional distress for a young UT student who was being groped and harassed by this doctor, who employed her. The jury came back with a verdict of $15,000 actual mental anguish damages and a punitive damages award of $30,000 against the doctor.

For Sexual Assaults and Aggravated Sexual Assaults the limitation period is extended to five (5) years (See Texas Civil Practice & Remedies Code, Sec. 16.0045). These include sexual assaults of children and elderly, and sexual assaults where a deadly weapon is utilized or threatened. It is important to note that in all cases involving children that the limitation periods do not begin running until the child turns 18 years of age and becomes a legal adult.

There are specific statutes that address Sexual Exploitation of a Patient by a Health Care Provider. Chapter 81 of the Texas Civil Practice & Remedies Code (TCPRC) addresses these crimes and provides some special damages, such as recovery of all attorneys’ fees for these victims, but it is important to note that the limitation period for these offenses is only three (3) years!  These cases include sexual assault and consensual sexual relations between therapist/doctor and patient and may include exploitation of former patients. TCPRC,   Chapter 81 defines Mental Health Service “Providers” as including: Licensed Social Workers, Chemical Dependency Counselors, Licensed Professional Counselors, Licensed Marriage and Family Therapists, Clergy, Physicians, and Psychologists. These Providers are Liable to Patients and Former patients for damages for sexual exploitation if the patient or former patient suffers a physical, mental, or emotional injury caused by, resulting from, or arising out of:(a) Sexual Contact Between patient and Provider; (b) Sexual Exploitation of patient by Provider; or (c) Therapeutic Deception of patient by Provider. TCPRC, Section 81.005(a) states that: It is NOT a defense that the sexual exploitation of the patient or former patient occurred: (1) with the consent of the patient; (2) outside the therapy or treatment sessions; or (3)  off the premises regularly used by the mental health services provider for therapy or treatment.

A civil judgment against a sexual or physical predator who intentionally (willfully and maliciously) assaults another cannot be discharged by a bankruptcy court. Title 11 of United States Code, Section 523(a)(6) states that a discharge normally allowed under the federal bankruptcy code (for civil judgments) does not discharge an individual debtor from any debt for a willful and malicious injury caused by the debtor.

Unfortunately, the most important factor for an attorney when deciding whether to accept a crime victim case may hinge on whether the perpetrator has any significant assets. Without assets to seize, there is little point to justify the expense and time to pursue civil litigation against the perpetrator. When meeting with potential clients I discuss this matter fully with the client. Every case is different. There is never a charge to discuss a case at my law firm. All cases that are accepted are solely on a percentage fee of the total amount we are able to recover for our clients plus expenses. However, if we are unable to obtain a positive benefit for our clients, the client does not owe us a penny, not even our costs.  We have a female Registered Nurse for our women clients who are more comfortable discussing their case with another woman.

Yours very truly,

Attorney Kevin R. Madison

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