Holly Hathcock, et al. v. Leslie Barnes, Ph.D.

1 Appellants, Holly Hathcock, Jada Hathcock, Lundin Hathcock and Aaron Hathcock, brought this malpractice action against Appellee, Leslie Barnes, Ph.D. The underlying case arose out of a child custody dispute in which Aaron Hathcock (the father) was accused of sexually abusing his daughters, Holly and Jada Hathcock. Dr. Barnes was appointed by the trial court to perform psychological evaluations on the family in order to assist the court in making its determination regarding custody and visitation.

2 After completing her clinical evaluations, Dr. Barnes testified that the custody of the children should be awarded to the mother, with the father only allowed supervised visitation. This recommendation was based upon Dr. Barnes' belief there was a likelihood the father had acted in a sexually inappropriate manner with one of his daughters. Before the trial court ruled on the issue of custody and visitation, the father entered into an agreement regarding custody and visitation. The agreement provided the mother would have custody of the children and the father would have supervised visitation with his daughters. Later, the father sought a modification of the decree after new evidence surfaced the daughter had been abused by a babysitter's minor son. Subsequently, the trial court granted the father permanent custody of his son and unsupervised visitation with his two daughters.

3 The father filed this lawsuit asserting Dr. Barnes was negligent in performing her custody evaluation. The father amended this lawsuit to include claims of fraud, breach of contract and intentional infliction of emotional distress. Dr. Barnes filed a motion for summary judgment contending she was entitled to absolute immunity from suit for any acts or omissions which occurred in the course and scope of her role as a court-appointed psychologist. The trial court granted this motion. The father and the children appeal.

4 The issue on appeal is whether a psychologist, appointed by the court to assist it in making a custody determination, performs a function integral to the judicial process thereby entitling the psychologist to immunity from lawsuits arising from this process. Summary judgment is proper only when the pleadings, affidavits, depositions, or other evidentiary materials establish that there is no genuine issue concerning any material fact, and that the moving party is entitled to judgment as a matter of law. In reviewing a motion for summary judgment, all inferences and conclusions drawn from the evidence must be examined in a light most favorable to the party opposing the motion for summary judgment. Kincaid v. Black Angus Motel, Inc., 1999 OK 54, 983 P.2d 1016, 1022.

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Click the case caption above for the full text of the

Court's opinion.

Affirmed.

Unknown

Unknown

To: Kent More (sic)

Dear Sir,

1.) I first want to say your description of this case is incorrect. I (Aaron Hathcock) was Vindicated of the allegations made by my x wife. My vindication was declared by Judge Dynda Post Oklahoma. She ordered the case sealed. I proved my innocence when my x confessed her father was the perp. And she made up the lie to gain the upper hand in the divorce becase she had been cheating for a year prior and wanted me gone.

2.) Your information about the final judgement is partially incorrect. Yes, I was given "full" custody of my Son Lundin Hathcock. And also the correction is; I was given "Joint" custody with no child support, (not merely unsupervised visitation as you indicated) of my two daughters Holly and Jada Hathcock. There's a big difference, and it is misleading to the public. Your document is also misleading to my children who know better.

Note; The children were very young then, and this lie thanks to people like you have haunted them for what ever reason I don't understand. I can't understand the reasoning for making these issues public. Our victory in court was supposed to stop the undue placing of shame. We are innocent. Yet anyone who googles my childrens names, then views yours and other declerations like yours, will have their natural doubts. Because once that seed is planted in someones mind it can't be erased. My children are all grown now, and this bothers them tremendously.

Note; As for Dr. Barnes. She only met with me one time, and refused to see any of my witnesses. She left the room at one point during the interview for apx. 5 minutes. When she returned she had unbuttoned her blowse, then slid her shoes off, then her nose started to bleed and it ran onto her lips. I said your nose is bleeding. She panict and rushed out of the room. The whole of my intended hour meeting with her to determing the life long opinion of me as a father, totaled less than 20 minutes, and went up her nose with whatever shit she shoved up it when she took that 5 minute break. Just before her nose started bleeding, her eyes were extremely wide, she was hot, her nose was flaring, and she made this throaty sound in her throat that I know is a unique sound made by a person using cocaine. Now that being said, and my innocence being a fact. I had no choice but to sue the monster when she tried to throw me to the dogs against even the results of her own testing.

The shame of this entire Professional Witness farse. Is common people have no defense agains their lies. And yes you and I both know they do to err on the side of money. She knew siding with my x, and the state, who never drew a conclusion until the truth come out about the real perps. Then they admitted that was right. But Barnes had already testified thinking she was going to get in good with CPS and my X's law firm who contracted over 20 atty's. And I just had the two. She went for the money at the expense of my childrens future. Therefore; I am not writing you to repremand you with my opinion of your work. But to ask you to please correct your mistatements as noted in 1 and 2 above. That I was vindicated. And I was awarded Joint Custody. Your information is definitely incorrect, and not less than misleading. Wow! I just can't believe all these years later this nightmare is still going. Thanks to the internet ehh.

Please consider my plea.
With Kind Regards,
I am,
Aaron W. Hathcock.