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Do you think there is justice in the US For IMG
This was filed recently in a federal court , magistrate judge (Not a federal judge took car of this file) Do you believe there is justice in the US For IMG ,Should my friend appeal to a district or appeal court As Far as his case Magistrate judge does not take any action.
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IN THE UNITED STATES DISTRICT COURT FlLED jjj CLFRW$ OFFICE
FOR THE NORTHERN DISTRICT OF GEORGIA Attanta
ATLANTA DIVISION
HRji~N, CLERK
! A1~ ~S ~ ? aeputj cwk
BY?
CIVIL ACTION FILE
NO. 1 : 07-CV. 196-RWS
Defendant.
JUL 13 Z007
KHALDOUN KHATTAB,
Plaintiff
v.
MOREHOUSE SCHOOL OF MEDICINE,
MOTION FOR SANCTIONS
MOTION TO ORDER RELEASE OF PLAINTIFF FROM CUSTODY
IN THE UNITED STATES DISTRICT COURT FlLED jjj CLFRW$ OFFICE
FOR THE NORTHERN DISTRICT OF GEORGIA Attanta
ATLANTA DIVISION
HRji~N, CLERK
! A1~ ~S ~ ? aeputj cwk
BY?
CIVIL ACTION FILE
NO. 1 : 07-CV. 196-RWS
Defendant.
JUL 13 Z007
KHALDOUN KHATTAB,
Plaintiff
v.
MOREHOUSE SCHOOL OF MEDICINE,
MOTION FOR SANCTIONS
MOTION TO ORDER RELEASE OF PLAINTIFF FROM CUSTODY
Dr. Khattab attended Depositions scheduled for him May 29, May 30 and May 31 in
accordance with the order of Judge Richard Storey . The defendant, Morehouse School of
Medicine and their attorneys Holland & Knight, acting individually or together, arranged for the
Immigration Service, contrary to its normal policy for J-1 overstay, to send ICE agents to the
deposition who took Dr. Khattab into Federal Immigration custody where they have held him to
the present date . By effectively having the plaintiff "arrested" at the Deposition, Morehouse
School of Medicine avoided answering question put - forth and propounded by the plaintiff.
Further, defendant's entire documentary file consisting of several boxes of documents where
taken from him. His rental car and hotel, both containing many valuable possessions, was made
unavailable to him and plaintiff has been forced to hire legal counsel to resolve his immigration
issues .
In addition, the incarceration of Mr . Khattab and his inability to pursue his federal lawsuit
are violations of 42 USC 1981, a Civil Rights statute which ensures that persons shall be able to
pursue litigation without regard to nationality or alienage . Mr. Khattab has a right to complete
his litigation and while in Immigration custody will be unable to respond to interrogatories or
request for admissions and request for document . He has been rendered unable to attend to the
basics of his lawsuit and his suit against Morehouse will fail. Clearly, this is their plan and it
should not be allowed.
The intent of Morehouse School of Medicine and its attorneys, Holland & Knight, violate
the most basic rules of fundamental fairness to an opposing party not to mention civil statues
which prohibit using arrest as a tactic in a civil lawsuit . In fact, Dr . Khattab, who had a J-1 visa
valid through 2007, would ordinarily never be taken into custody by ICE and would be working
at Howard Medical School had not the defendant gone out of its way to defame him and
influence Howard Medical School to withdraw its job offer .
To the extent attorneys were involved in this outrageous action, they violate provisions of
the Georgia Bar Association Rules of Professional conduct, specifically 4 .3 and many sections of
A Lawyer's Creed (attached) requiring the duty of fairness to the opposing party . Dr . Khattab
has suffered extensive damages on account of the reckless action of defendant, and their
attorneys, which include incarceration, lost property, lost documents, hotel and car rental and
attorney fees all in the amount of $25,000 which we ask the Court to assess against defendant
and its attorneys .
In addition we request that the Court order the Immigration Service to release Dr.
Khattab for the above litigation related reasons and to delay his removal or voluntary departure
order 180 days as well as for the following reasons :
=
Lawyers Serving the Puhfic and thejustice Sysiicm
Home ? Had book * art IV (After_,~anuarv-"2 01) - Georgia__Ru_le_s o f_Professional
Conduct
Part IV (After January x, 2001) -Georgia Rules of Professional Conduct
CHAPTER 1 GEORGIA RULES OF PROFESSIONAL CONDUCT AND ENFORCEMENT
THEREOF
Rule 4-10-L.-Enforcement of Profes sio nal Sta n dards
Rule 4-.1Q2. f?iscio3inara+ Action ; Levels o f Discipline ; Standards
Contents
Preamble
Scape
Terminology
PART ONE - CLIENT LAWYER RELATIONSHIP
Rule 1 .1 _. .Qornpetence
Rule 1 .2_Scope of Reprgsentation
Rule 1 .3 Dfligence
Rule Z .4 Communicat ion
Rul e 3 .5 Fee s
Rtuulfef 21 .5 Con f_rd ential i tx of I n fo_rmation
.7 infl i ct of Interest : General _Rule
Rule 14-Conflict of Inter est : Prohibited Tran sacti ons
Rule-1 .9 Conflict of Interest-: -Fa r-me-r-C-li en-t
Rule 1 .1.O,Imputed Qi sgualif ica t fon ;_ General Rule
Rule 1.11 Successive Government and Private Employment
&41g..1.12 Forme r Judge or Arbitrator
Rule 1 .13 QrcVanizqtion as Client
Rule 1.14 C i_ie.._nt under a [3isabili~
Rule 1.15 (1) Safekeeping Property .-. General
Rule 1 .15 (I II Safekeeping Proper-t)- Trust Account and IOLTA
R_u_1_e_._1.15 III Record Keeping ; ._Trust Account Overdraft
Notffi catian : Exami nation of Records
Rqje 1 .16 Declin ing or Terrrtinat inq Represe ntation
Rule 1 .17 Sale of Law Pract ice
PART TWO - COUNSELOR
Rule 2.1 Advisor
Rule 2 .2_Int_ermediary
Rule 2 .3 Evaluation for Use bv Third Persons
PART THREE - ADVOCATE
Rule 3 . 1 Meritor i o us Claims- a_0.d,_Contentiion_$
R4-19 1 .2 Expedit ing _ Litigation
Candor toward the Tri bunal
Rule 3 .4__~ irness to Oa~oisng_Party and Counsel
============
IN THE UNITED STATES DISTRICT COURT FlLED jjj CLFRW$ OFFICE
FOR THE NORTHERN DISTRICT OF GEORGIA Attanta
ATLANTA DIVISION
HRji~N, CLERK
! A1~ ~S ~ ? aeputj cwk
BY?
CIVIL ACTION FILE
NO. 1 : 07-CV. 196-RWS
Defendant.
JUL 13 Z007
KHALDOUN KHATTAB,
Plaintiff
v.
MOREHOUSE SCHOOL OF MEDICINE,
MOTION FOR SANCTIONS
MOTION TO ORDER RELEASE OF PLAINTIFF FROM CUSTODY
IN THE UNITED STATES DISTRICT COURT FlLED jjj CLFRW$ OFFICE
FOR THE NORTHERN DISTRICT OF GEORGIA Attanta
ATLANTA DIVISION
HRji~N, CLERK
! A1~ ~S ~ ? aeputj cwk
BY?
CIVIL ACTION FILE
NO. 1 : 07-CV. 196-RWS
Defendant.
JUL 13 Z007
KHALDOUN KHATTAB,
Plaintiff
v.
MOREHOUSE SCHOOL OF MEDICINE,
MOTION FOR SANCTIONS
MOTION TO ORDER RELEASE OF PLAINTIFF FROM CUSTODY
Dr. Khattab attended Depositions scheduled for him May 29, May 30 and May 31 in
accordance with the order of Judge Richard Storey . The defendant, Morehouse School of
Medicine and their attorneys Holland & Knight, acting individually or together, arranged for the
Immigration Service, contrary to its normal policy for J-1 overstay, to send ICE agents to the
deposition who took Dr. Khattab into Federal Immigration custody where they have held him to
the present date . By effectively having the plaintiff "arrested" at the Deposition, Morehouse
School of Medicine avoided answering question put - forth and propounded by the plaintiff.
Further, defendant's entire documentary file consisting of several boxes of documents where
taken from him. His rental car and hotel, both containing many valuable possessions, was made
unavailable to him and plaintiff has been forced to hire legal counsel to resolve his immigration
issues .
In addition, the incarceration of Mr . Khattab and his inability to pursue his federal lawsuit
are violations of 42 USC 1981, a Civil Rights statute which ensures that persons shall be able to
pursue litigation without regard to nationality or alienage . Mr. Khattab has a right to complete
his litigation and while in Immigration custody will be unable to respond to interrogatories or
request for admissions and request for document . He has been rendered unable to attend to the
basics of his lawsuit and his suit against Morehouse will fail. Clearly, this is their plan and it
should not be allowed.
The intent of Morehouse School of Medicine and its attorneys, Holland & Knight, violate
the most basic rules of fundamental fairness to an opposing party not to mention civil statues
which prohibit using arrest as a tactic in a civil lawsuit . In fact, Dr . Khattab, who had a J-1 visa
valid through 2007, would ordinarily never be taken into custody by ICE and would be working
at Howard Medical School had not the defendant gone out of its way to defame him and
influence Howard Medical School to withdraw its job offer .
To the extent attorneys were involved in this outrageous action, they violate provisions of
the Georgia Bar Association Rules of Professional conduct, specifically 4 .3 and many sections of
A Lawyer's Creed (attached) requiring the duty of fairness to the opposing party . Dr . Khattab
has suffered extensive damages on account of the reckless action of defendant, and their
attorneys, which include incarceration, lost property, lost documents, hotel and car rental and
attorney fees all in the amount of $25,000 which we ask the Court to assess against defendant
and its attorneys .
In addition we request that the Court order the Immigration Service to release Dr.
Khattab for the above litigation related reasons and to delay his removal or voluntary departure
order 180 days as well as for the following reasons :
=
Lawyers Serving the Puhfic and thejustice Sysiicm
Home ? Had book * art IV (After_,~anuarv-"2 01) - Georgia__Ru_le_s o f_Professional
Conduct
Part IV (After January x, 2001) -Georgia Rules of Professional Conduct
CHAPTER 1 GEORGIA RULES OF PROFESSIONAL CONDUCT AND ENFORCEMENT
THEREOF
Rule 4-10-L.-Enforcement of Profes sio nal Sta n dards
Rule 4-.1Q2. f?iscio3inara+ Action ; Levels o f Discipline ; Standards
Contents
Preamble
Scape
Terminology
PART ONE - CLIENT LAWYER RELATIONSHIP
Rule 1 .1 _. .Qornpetence
Rule 1 .2_Scope of Reprgsentation
Rule 1 .3 Dfligence
Rule Z .4 Communicat ion
Rul e 3 .5 Fee s
Rtuulfef 21 .5 Con f_rd ential i tx of I n fo_rmation
.7 infl i ct of Interest : General _Rule
Rule 14-Conflict of Inter est : Prohibited Tran sacti ons
Rule-1 .9 Conflict of Interest-: -Fa r-me-r-C-li en-t
Rule 1 .1.O,Imputed Qi sgualif ica t fon ;_ General Rule
Rule 1.11 Successive Government and Private Employment
&41g..1.12 Forme r Judge or Arbitrator
Rule 1 .13 QrcVanizqtion as Client
Rule 1.14 C i_ie.._nt under a [3isabili~
Rule 1.15 (1) Safekeeping Property .-. General
Rule 1 .15 (I II Safekeeping Proper-t)- Trust Account and IOLTA
R_u_1_e_._1.15 III Record Keeping ; ._Trust Account Overdraft
Notffi catian : Exami nation of Records
Rqje 1 .16 Declin ing or Terrrtinat inq Represe ntation
Rule 1 .17 Sale of Law Pract ice
PART TWO - COUNSELOR
Rule 2.1 Advisor
Rule 2 .2_Int_ermediary
Rule 2 .3 Evaluation for Use bv Third Persons
PART THREE - ADVOCATE
Rule 3 . 1 Meritor i o us Claims- a_0.d,_Contentiion_$
R4-19 1 .2 Expedit ing _ Litigation
Candor toward the Tri bunal
Rule 3 .4__~ irness to Oa~oisng_Party and Counsel
