Jerrie M. Simmons v. United States

TANG, Circuit Judge:

The Government appeals an award under the Federal Tort Claims Act (FTCA) to a woman who sued because her Indian Health Service counselor wrongfully engaged her in a sexual relationship. The appeal raises two basic questions: whether Ms. Simmons’ claim was barred by the statute of limitations and whether, even if not barred, there was any substantive basis for the Government’s liability. We affirm.

FACTS

Jerrie Simmons, a member of the Chehal-is Tribe, sought mental health consultation from the Indian Health Service and was counseled by Ted Kammers, a social worker. Ms.…