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An Iowa woman who is suing a residential treatment facility, alleging an employee sent her messages of a sexual nature, is now being sued for defamation.
The woman, who initially identified herself in court documents only as “Jane Doe,” alleges she lived at Des Moines’ Orchard Place, a residential treatment facility for adolescents, from May 20, 2019, to Aug. 19, 2019. The lawsuit doesn’t cite her age at the time, but indicates she was a minor receiving mental health treatment at the facility.
The lawsuit claims Cody Lee Loew was working in the residential dorms at Orchard Place during Doe’s stay, and that the two of them engaged in “sexual and impermissible non-sexual communications through texts, phone calls and Snapchat messages.”
Loew allegedly stopped communicating with Doe after she was discharged, reportedly sending her into a state of deep depression that resulted in therapy, medication and two failed semesters of high school.
The lawsuit, filed in Polk County District Court, initially claimed Orchard Place was negligent in that it failed to adequately train and supervise its employees, and allowed Loew to “exploit, groom and sexually abuse” Doe. At the time, attorneys for Doe told the Iowa Capital Dispatch they do not believe the abuse was physical in nature and was largely confined to grooming and cyber activities.
After the lawsuit was filed, attorneys for the defendants argued that Iowa’s rules of civil procedure state that “every action must be prosecuted in the name of the real party” and that the Iowa Legislature has not passed any laws allowing the use of pseudonyms other than in cases that deal with the disclosure of HIV-related test results.
The defendants also cited the Iowa Capital Dispatch’s story indicating the attorney for “Jane Doe” had acknowledged “sexual abuse” in the physical sense was not being alleged. They argued that because of that admission, the allegation of abuse should be stricken from the plaintiff’s complaint.
Attorneys for “Jane Doe” have since filed an amended complaint omitting any allegation of sexual abuse and identifying their client as Hayley Heineman. The revised complaint asserts Heineman and Loew “engaged in sexual and impermissible non-sexual communications through texts, phone calls, and Snapchat messages” – a claim the defendants specifically deny.
Last month, Loew filed a counterclaim against Heineman for defamation and invasion of privacy, alleging the claims that he “sexually abused her” are untrue and libelous. Loew also alleges Heineman maliciously abused the legal process by making the allegation in a court petition in retaliation for Loew’s refusal to communicate with her.
The counterclaim seeks a court injunction barring Heineman from communicating to others that that Loew sexually abused her. A trial setting conference in the case is scheduled for Jan. 30.
With regard to the original lawsuit, Orchard Place has declined to comment on the case but stated that it remains committed to the care and safety of the children it serves.
Inspection reports for Orchard Place indicate no violations related to staff behavior or sexual abuse have been cited by the state since May 2019 when Heineman was first admitted.