DEVILS LAKE, N.D. - A former Devils Lake care provider claims her firing from a youth care facility in Devils Lake was retaliation after she reported another caregiver's alleged "cruel conduct" toward at-risk children.

Katherine Gray, who was fired last year as a direct care provider at Harmony House in Devils Lake, filed papers in federal court last month to have a Ramsey County District Court gag order issued in October reversed. The gag order prohibits her from contacting residents of the at-risk youth care facility and from discussing incidents that occurred at Harmony, which is operated jointly by Devils Lake Public Schools and Lake Region Special Education.

Gray argued in court documents the gag order violated her First Amendment rights, adding her firing was retaliation after she testified to the North Dakota Department of Human Services that children were being verbally and physically abused at Harmony.

'Covered up and protected'

The federal court documents detail Gray's employment at Harmony and claims of "abusive and threatening behavior" by her co-worker, David Kosmatka. Gray, who began working at the facility in October 2014, alleged Kosmatka entered children's private rooms at Harmony without knocking or announcing himself when the children were naked or getting dressed. Other claims include Kosmatka refusing food to children, verbally bullying them, calling the children names and threatening to kick the children out of the facility.

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"Throughout 2015 and 2016, Kosmatka continued to engage in cruel conduct toward ... Harmony House youths," court documents state.

Kosmatka allegedly focused on one Native American child under the age of 14, according to court documents. Gray claimed Kosmatka would walk in on the child taking a bath, belittle the child with names such as "fat" and "lazy," and yell at the child in a threatening manner. Gray alleged Kosmatka once grabbed the child by the stomach with both hands and squeezed the child.

"Kosmatka acknowledged that he 'probably shouldn't have grabbed,' but he had known (the child) awhile and could do what he wanted," court documents stated.

Gray said the child tried to "escape the yelling" by retreating to a private room, adding the child would have emotional breakdowns, and she would try to comfort him.

Gray said she asked Harmony House Director Barry Sundeen to address the matter several times, claiming Native American children at Harmony House did not receive the same benefits as other children there. She also requested bringing in Native American elders to offer spiritual and cultural support, but that didn't happen, according to court documents.

Gray filed complaints against Kosmatka and Sundeen with the state Human Services Department, claiming Sundeen made "derogatory remarks" about children at Harmony House and "covered up and protected" Kosmatka. The family of the child whom Kosmatka allegedly abused also filed a restraining order against him.

Shortly after Gray told Sundeen she had testified about her complaints, she was fired from Harmony House without reason, though Sundeen said her employment there was "not working out," according to court documents.

Sundeen and Kosmatka still are employed with the Devils Lake Public School District, Superintendent Scott Privratsky confirmed with the Herald. He said the school could not comment on pending litigation.

Gag order

Another child reported similar incidents with Kosmatka to Gray after she was fired, according to court documents. The child indicated in emails he or she was being threatened and Harmony staff were "creeping me out" and were not acting normally.

"It's like they're trying to make us forget stuff," the child wrote. "Help me please."

Gray remained in contact with the child and reported the incidents at the facility to police "out of concern for the children's safety," the report stated. She also reported the case to the Devils Lake School Board.

Criminal charges have not been filed against Kosmatka.

Court documents show Gray received a letter from the Devils Lake Public School District in August warning her to stop contacting children at Harmony House and to stop talking about the incidents or legal action would be taken. The school district said she violated the Family Educational Right to Privacy Act.

Gray denied doing anything wrong but complied with the letter, court documents said. An injunction that bans her from speaking to Harmony residents or about incidents that happened there was filed in Ramsey County District Court and approved by then-Judge Lee Christofferson, who retired last year.

"As a result of the Ramsey County injunction, (Gray) has been unable to defend herself against false and misleading accusations made by Devils Lake (School) employees," court documents stated.

Devils Lake Public Schools, Lake Region Special Education, Sundeen, Devils Lake Public School Board members, Ramsey County District Court, County State's Attorney Kari Agotness and North Dakota Attorney General Wayne Stenehjem are named as defendants in the federal court filings. Catherine Miller, who "at all times relevant to the action" of Gray's court filings was an employee of Devils Lake Public Schools, also is listed as a defendant.

Gray declined comment, citing the gag order. Messages left with Harmony House and the LRSE were not returned as of Friday.