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Ex-counselor threatens lawsuit over firing By Dani Dodge A former jailhouse counselor who claims he was fired from his post for pointing out problems in the Jackson County Jail is threatening to sue the county to get his job back. James M. Houston filed a tort claim with the county Wednesday. Houston claims that during the three months he worked at the jail he saw the jail�s nurse allegedly exacerbating inmate psychological problems. "They found out I was going to file a complaint with the (Oregon State Board of Nursing) and I was going to the union as well," Houston said. "I got nailed for whistleblowing. That�s the heart of this." A plaintiff can file a tort claim in advance of a lawsuit to offer the other party (usually a public agency) a chance to settle the case before a full-blown legal claim is filed. As his court action against the county begins, Houston is being investigated by the state�s Unlawful Practice of Law Committee for practicing law without a license. Houston runs a business in Roseburg called Northwest Counseling and Divorce Services. A woman who hired Houston complained to the state that Houston made mistakes on filings, filed papers she hadn�t requested, and caused a delay in her divorce. Houston does not have a license to practice law. Ashland attorney Tom Howser investigated the case for the committee, which is meeting today. In his report Howser concluded "it appears (Houston) is clearly in violation." Houston worked as the county jail�s mental health specialist from May 22 to Sept. 1. He was still on probation when he was terminated. His termination letter stated that his disagreements with the medical staff at the jail were the reasons for his dismissal. "As we have discussed a number of times, there have been significant disagreements between you and the medical staff at Jackson County Jail and there does not appear to be any resolution to the differences," the termination letter stated. The disagreement was over the way medication was distributed, according to Hank Collins, director of the county�s health and human services department, which runs medical and counseling programs in the jail. "Only one health-care professional has the authority to prescribe medicines for patients in the jail and Mr. Houston does not have the authority to authorize medicines," Collins said. Collins said others who have held the job haven�t had conflicts. "There�s never been an issue except for that very brief period of time Houston was there," Collins said. "I have full confidence that our medical staff at the jail are doing an adequate job of caring for the prisoners in the jail." County Counsel Mike Jewett said if Houston does file suit, the county will see him in court. "We don�t think there�s anything to it," Jewett said. "We didn�t fire him for being a whistleblower, we fired him for not doing his job." Houston has filed at least three unrelated lawsuits in Oregon in the last four years, according to court records. He lost two; one in which he sued an attorney for malpractice is pending. Houston is representing himself in both the malpractice case and the claim against the county. He said he expects to file suit against the county in four to six weeks. The potential committee action pending against him for practicing law without a license would not affect his ability to represent himself. If he is found to be practicing law without a license, which would include giving legal advice, he could face civil penalties and even jail time if he doesn�t stop. Houston said he wasn�t aware of the hearing. "I�ve been filling out documents for people, but lots of people do that," Houston said. "As a counselor, I use the legal documents to help people restructure their new lives after divorce and make it as painless as possible." Houston says he is haunted by things he saw in the jail and wants to get his job back and make things right there. "There was high level of tension at jail because of the way (a nurse) treated them and it was my job as the mental health official to deal with problems he created," Houston said. "He (the nurse) wouldn�t give suicide risks medication and he would switch medications on people for no justifiable reasons. "There was scores and scores of problems. " Houston said if he is returned to the position, he could help. "They are doing absolutely nothing for the mentally ill in that jail," he said. "I was looking for grant money and other resources to expand the resources. They need an advocacy process." Reach reporter Dani Dodge at 776-4471, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.