Denver ward v. Laura Fisher, Carol L. Swenson, Brad Grundy

Tulsa, Oklahoma personal injury lawyer represented the Plaintiff who sued the Defendants civil rights violation theories.



In January 2016, Mr. Ward became involved in an Oklahoma state paternity

and custody action (the Paternity Action). Mr. Ward hired Mr. Grundy, a licensed

attorney in the State of Oklahoma, to represent him in the Paternity Action.

Mr. Ward conceded he was the father of the minor child, H.A.B., but alleged that

H.A.B.'s mother, Debra Billingsly, was subjecting H.A.B. to medical abuse (formerly

called Munchausen syndrome by proxy).



The state court appointed Ms. Swenson as a guardian ad litem for H.A.B. The

state court also appointed Dr. Fisher, a licensed psychologist, as a child custody

evaluator.



Dr. Fisher performed a custody evaluation and completed her initial report in

November 2016. At that time, Dr. Fisher "had concerns about the medical history

of” H.A.B., but "did not have information from a medical professional to substantiate

the concern for medical child abuse.” Aplt. App. vol. I at 67.

In December 2016, the state court entered an agreed temporary order awarding

joint legal custody of H.A.B., with the parties "to share physical custody on a 50/50

basis.” Id. at 217. Shortly thereafter, in early 2017, Mr. Ward retained new counsel

to represent him in the Paternity Action.



Dr. Mary Ellen Stockett, a specialist in pediatric child abuse, reviewed

H.A.B.'s medical records and opined that H.A.B. had been subjected to medical child

abuse by Ms. Billingsly. Dr. Stockett reported the abuse to the Oklahoma

Appellate Case: 24-5083 Document: 48-1 Date Filed: 04/01/2025 Page: 2

Department of Human Services (ODHS). In April 2017, ODHS issued a finding

substantiating Ms. Billingsly's abuse of H.A.B.



Dr. Fisher reviewed Dr. Stockett's written report and also consulted with

another expert in medical child abuse. After doing so, Dr. Fisher opined that H.A.B.

was "in a situation which potentially place[d] her in danger of irreparable harm while

in the physical custody of” Ms. Billingsly. Id. at 67.



In June 2017, Mr. Ward filed an application for an ex parte emergency order in

the Paternity Action. In support of the application, Mr. Ward submitted an affidavit

from Ms. Swenson in which she concluded, based upon the report of Dr. Stockett,

that the only way to ensure H.A.B.'s safety and well-being was "to terminate the

temporary joint custody and grant physical custody to” Mr. Ward "subject to

supervised visitation with” Ms. Billingsly. Id. at 223.

The State Court held an evidentiary hearing in late June 2017 and awarded

custody of H.A.B. to Mr. Ward while simultaneously restricting Ms. Billingsly's

visitation to professional supervision.



In April 2019, Mr. Ward filed suit against Mr. Grundy and his law firm in

Oklahoma state court asserting claims of negligence and breach of contract in

connection with Mr. Grundy's representation of Mr. Ward in the Paternity Action.

In February 2020, Mr. Ward voluntarily dismissed the lawsuit without having served

Mr. Grundy or his law firm.

Appellate Case: 24-50834



In September 2020, Mr. Ward refiled his case against Mr. Grundy in federal

district court. In November 2022, Mr. Ward voluntarily dismissed the lawsuit

without prejudice.

Motion to dismiss granted.



Affirmed on appeal. Court appointed lawyer and doctors are entitled to quasi-judicial immunity.