Maj. Blaine McGraw, who is facing multiple legal battles over allegations he secretly video recorded his patients, filed 13 handwritten pages to a Bell County court from jail asking that a civil lawsuit against him be dismissed because it is a federal matter. (Bell County (Texas) Sheriff’s Office)
A former Fort Hood doctor facing multiple legal battles over allegations he secretly video-recorded his patients filed 13 handwritten pages to a Bell County, Texas, court from jail asking that a civil lawsuit against him be dismissed because it is a federal matter.
More than 80 women filed the lawsuit against Maj. Blaine McGraw, 47, accusing him of using his phone to record exams without permission, performing invasive and unnecessary exams, and inappropriately touching them. McGraw, an OB-GYN, is the only person named in the suit and is representing himself, according to court records.
Without ever expressing innocence or guilt regarding the allegations, McGraw asserted that the women should use the administrative claim system set up by the Federal Tort Claims Act for their grievances, not a civilian county court.
The federal tort law outlines procedures for presenting and resolving administrative monetary claims for personal injury, property damage or death arising from the alleged negligence of officers and employees of the federal government. It is a required first step toward a lawsuit.
“Plaintiffs allege wrongful acts occurred within the walls of a military treatment facility, on federal property, by an active-duty military physician, an employee of the federal government in the performance of his duties,” McGraw wrote.
He also wrote that the complaint against him alleges that the United States government was “complicit in the alleged wrongdoing” but has been excluded as a defendant.
Among other reasons to dismiss the case, McGraw wrote that he was never properly served notice of the legal action against him. He noted he is representing himself because he cannot look for a lawyer while in jail.
Andrew Cobos, an attorney for the 82 women in the lawsuit, said the filing is “nothing more than a desperate attempt to hide behind legal technicalities and avoid facing a jury of the very community he betrayed.”
“While he fights over which courtroom he sits in, we remain focused on the only thing that matters—holding him accountable for the irreparable harm he caused,” Cobos said in a statement. “We are confident in our position and will not allow procedural games to delay the justice these women have earned.”
The court docket does not list a hearing date for Judge Mike Russell to hear arguments.
McGraw filed the legal paperwork from Bell County Jail, where he has been detained for pretrial confinement by the Army since Dec. 2. He was charged Dec. 9 with 54 counts of indecent visual recording involving 44 women, according to the Army. All but one of those women were patients he provided medical care to this year at Carl R. Darnall Army Medical Center at Fort Hood. One woman was recorded at an off-post home.
A preliminary hearing to review the evidence against McGraw has not been announced.
McGraw was suspended from Fort Hood’s hospital Oct. 17 after a patient accused him of secretly recording her during an exam, according to base officials. Army Criminal Investigation Division arrived within hours to begin an investigation, which has included sifting through more than half a terabyte of digital media.
McGraw moved from Hawaii to Texas in August 2023, according to the Army. He served in Hawaii beginning in June 2019 as an intern and then as a resident. Before attending medical school to become an OB-GYN, McGraw was a physician assistant at Fort Campbell, Ky.
His medical license was issued through the state of Hawaii but expired Jan. 31, according to online state records. The state medical board also listed one pending complaint against McGraw.
