Riano v. McDonald

In the late 1970s and early 1980s, Riano was a hospital corpsman in the Navy. As a civilian, he became a registered nurse. In 2004 he began working as a registered nurse for the Veterans Health Administration, While examining male patients for genital warts, Riano manipulated their penises with his hands, attempting to induce erections. He used words like “pecker” and “balls,” rather than medical terms. The agency found his examination technique and his language to be inappropriate. His employment was terminated. He appealed and was given a hearing that included representation by counsel, live testimony from medical experts, written testimony from patients, and a written report from an investigator who had interviewed the patients. The appeals board affirmed his termination. The Seventh Circuit affirmed, rejecting Riano’s argument that he was not allowed to call patients to testify live to show that some patients were comfortable with his technique and language or that complaining patients had ulterior motives. The board’s decision to affirm Riano’s termination was based on its determination that his technique and language were inappropriate. That was a professional judgment that did not turn on the patients’ subjective views. View "Riano v. McDonald" on Justia Law