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Plaintiff’s Response/Opposition to the Defendant Brief in support of its Motion for Summary Judgment. 1
This lawsuit is Not only an action for race discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C.§ 2000e et seq., 42 U.S.C. § 1981, and 42 U.S.C. § 1983 ,As explained previously based upon Dr Khattab race ,religion and national origin, Morehouse subjected plaintiff to disparate treatment, retaliation, forcing him to work in a hostile work environment, and a civil conspiracy to deprive his Legal Rights.
This action is also brought pursuant to the laws of the State of Georgia for breach of contract/breach of by-laws, negligent hiring/retention of employees, tortious interference with employment, defamation, tortious interference with business/contractual relations, ratification of wrongful conduct, and punitive damages.
This case include violation of
1 42 U.S.C. §1981 , §1983 (Section 1981,1983, violation of equal protection under Law ,42U.S.C. § 1983 ; intentional race discrimination in violation of § 1983 through 42 U.S.C. § 1981 ; conspiracy to deprive civil rights and CONSPIRACY in violation of section 1983, MANUFACTURE OF FALSE INCULPATORY EVIDENCE IN VIOLATION OF 42 U.S.C. § 1983, CONCEALMENT OF EXCULPATORY EVIDENCE IN
VIOLATION OF 42 U.S.C. § 1983, SUPERVISORY LIABILTIY FOR VIOLATIONS OF 42 U.S.C. § 1983 2- Violation of 42 U.S.C. §1985 §1986, CONSPIRACY IN VIOLATION OF 42 USC § 1985(2)(OBSTRUCTION OF JUSTICE), CONSPIRACY IN VIOLATION OF 42 U.S.C. § 1985(2) (WITNESS TAMPERING, CONSPIRACY IN
VIOLATION OF 42 U.S.C. § 1985(3), FAILURE TO INTERVENE IN VIOLATION OF 42 U.S.C. § 1986 3 -Violation of Title VI (42 U.S.C. §2000d)
4- State law claims
Violations of Georgia constitutional, statutory, and common law, including: due process, Tort, slander/defamation/libel, breach of contract, tortious interference with business NEGLIGENT HIRING, RETENTION, SUPERVISION, ,punitive damages pursuant to O.C.G.A. § 51-12-5.1, based on “intentional, willful, wanton and malicious conduct” TRAINING & DISCIPLINE, NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, 4- COMMON LAW OBSTRUCTION OF JUSTICE & CONSPIRACY TO
OBSTRUCT JUSTICE. 5- FRAUD.
6- Vioaltion of Title IX of the Education Law(As disscused previously Morehouse violated Title IX of the Education Amendments Act of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., by being deliberately indifferent to the harassment ).
2
STATEMENT OF THE CASE
Plaintiff (Dr Khattab) is a Medical Doctor and an employee employed in a bona fide professional capacity.(Defendant Statement See-docket 98). Plaintiff is a holder of requisite academic degree for the general practice of medicine and is exempted from overpayment under FLSA as he hold an appropriate degree required for the general practice of his profession. (Defendant statement –See Docket 98 -Defendant Opposition to Docket 52(FLSA) Filed by Mr Vernon on April 16 ,2007 ).
It is beyond doubt that when plaintiff filed this lawsuit ,he was a medical doctor MD ,Fellow of American College of Physicians ("ACP"), member of American Medical Association (AMA). Defendant , Morehouse School of Medicine, Inc. (“MSM”) is , and at all times relevant to this action was, a corporation organized and existing under the laws of Georgia, and resides in the Northern District of Georgia under 28 U.S.C. § 1391(c). MSM is subject to the jurisdiction of this Court , Defendant current registered agent is Dr John E. Maupin, Jr. Plaintiff started his employment at Morehouse as a result of the 2004 NRMP matching program ,Plaintiff was supposed to stay at Morehouse until Jun 30/2007 (See Both Dep- Page 23 /see Myra Rose sworn program director affidavit –projected program completion date 6/30/2007.) Defendant did NOT offer plaintiff any direct position , Indeed Dr Eric Fleanugh recommended in writing that Morehouse do NOT offer Dr Khattab a position outside the match ( see document Khattab 0233 ). Plaintiff passed the United States Medical licensing examination before being interviewed by defendant ,Further plaintiff passed the US Medical exam -Clinical skills assessment -before applying for a Job at Morehouse (See ECFME Certificate-See direct report defendant received before interviewing plaintiff, See Flenaugh ,Anderson Job interview evaluation) Plaintiff hold a valid indefinitely ECFMG certificate which includes valid indefinitely English requirement and -Medical-Clinical skills Assessment ,The said certificate is issued by a US Federal Commission in 2003 , defendant Residency Manager is aware of this fact (See Defendant answer to Plaintiffs 3rd Set Request of admissions –Request 12 ). On Jun 24 Plaintiff requested that his Certificate be revalidated and to be considered Permanent Certificate , On August 17th ,2005 Myra E Rose confirmed recommending plaintiff request(See Notarized Document- Khattab 0249). All previous facts confirm that Plaintiff was eligible for his position as a resident physician and this is a Part of establishing a Prima face case of Discrimination.-See legal argument Section See Document Khattab 0212 a report sent Directly to Morehouse and the report was generated on 8/26/2004 –
Defendant admitted that plaintiff passed USMLE (United states medical licensing examination part 1&2)and the CSA-(clinical skills assessment) before applying for a job at Morehouse . Defendant refused to give plaintiff a direct position , All Defendant direct positions were given to NON Caucasian resident physicians.
(See list of names , race- Morehouse response to Plaintiffs 1st interrogatories –Request 18 page 39). The choice to take resident directly outside the match was made by the PROGRAM Director -ROSE-(Booth Dep Page 33 line 1 ,2. ) Rose is Black African (Defendant Interrogatories).
Plaintiff signed a contract with defendant as a result of the NRMP matching program which is a double blind matching program so the applicant and the program can NOT predict the result of the match .
(Mr Booth admitted in his deposition and affidavit that I was accepted into MSM through the NRMP National Residency Matching program
Booth affidavit 14 –)See Eric flenaugh recommending NOT to give Dr Khattab an offer and his bad Job interview evaluation (Khattab 0233-See Flenaugh Deposition page 126 lines 18 -24 Page 127 lines 1 -10 Page128 L 4-16-Page 131 L23-25-Page 132L1-22 ). All Morehouse Medicine- residents physicians who were promoted to PGY-2 in 2005 were NON Caucasians (See 2004/2004 list of incoming, outgoing ,promoted/discharged resident , defendant submitted the List to EEOC. ). Morehouse Medicine department periodically employ more resident physicians than what the ACGME approve/accredit defendant .
(ACGME- is the US Credential Council for Graduate Medical Education)
(See Booth Deposition Page 110 L 18-21). Defendant received Money from the US Federal Government based on having plaintiff as a resident physician (Booth deposition page 29 Lines 15-20-Defendant supplemental September Interrogatories ).
Mr Booth was responsible for the budget (Both Dep Page 31 line 13).
Defendant claimed that all plaintiff salary was paid from US Federal Funding(US taxpayers Money) -See supplemental response to plaintiffs August/September 2008 Interrogatories –Request 8. Defendant received Federal Funding ,Money from Medicare ,Medicaid ,the VA health system and Grady Health system for having an internal Medicine residency program.(Booth Dep page 28 lines 10 -18 ), Mr Booth claimed the amount received from all sources was Five millions(Page 29 line 24-25). Plaintiff legitimate Work- Satisfactory /Superior
Work evaluations and patient care. No patient in the state of Georgia complained against plaintiff .
-(Rose Deposition 2nd part March , Page 120 L 1-3) During Plaintiff Employment He was performing in a legitimate way that satisfy any reasonable employer .Dr Khattab received Satisfactory or Superior work evaluations in most if not ALL his Working rotations per Defendant employees written statements .
See Document khattab 0371 the work evaluation and opinion of Dr Patrick A Griffith (An African American professor of Medicine )
(see Defendant letter to the ABIM, received in April 2006 -this letter contradict the contents of the documents attached to Dr Rose affidavit as an exhibits) (See Khattab 0357- Alleged letter to Howard University signed by Frontin MD) See RESPONSE TO PLAINTIFF'S REQUESTS FOR ADMISSIONS PER HONORABLE JUDGE WALKER AUGUST(08)ORDER -Requests 6 ,13,14 ,See work evaluation and letter of recommendation signed by Morehouse associate professor Dr Rao Mikkilineni -khattab 0851, 0370 .
See The Letter of recommendation of Dr Stewart L Derex (Georgia license 59209), also the letter is cosigned by Dr Efemini Efe(African From United Kingdom –Georgia Medical license Number 056549
See the work evaluation and letter of recommendation of Dr Oduwole ,See Dr Oduwole Deposition pages 22 ,23 ,24
See the working evaluation prepared by Akomolafe
See Dr Akomolafe Deposition page 14 L9-24.
See Also Akomolafe Deposition Exhibit One.
See October 2005 work evaluation prepared by Ivonya MD.
See also defendant RESPONSE TO PLAINTIFF'S REQUESTS FOR ADMISSIONS PER HONORABLE JUDGE WALKER ORDER ISSUED ON AUGUST 14, 2008 Requests 6,13, 14
See the Dr Marvin Crawford working evaluation ( Khattab 0259,0260) (He is African &a Senior Pastor in a Baptist church
See work evaluation and letter of recommendation of Dr Oduwole ,See Dr Oduwole Deposition pages 22 ,23 ,24. Plaintiffs Former supervisors who worked with him inside Georgia Hospitals described him as : Bright physician with outstanding bedside manners. A Likeable Youngman who have excellent manner and Superior professional attitude & Behavior .A very professional physician with superior medical knowledge and clinical skills .a Hard working physician with a very satisfactory academic status .Dr Khattab has a commitment to excellent patient care ,Dr Khattab interest in the improvement of the health care of the underserved is very proficient , Dr khattab has a nice personality and get Dr Khattab passion and commitment to improving the health care of the underserved is Proficient, Dr Khattab is a Sincere physician who is dictated to his performance , Dr Khattab received (satisfactory-Superior)in all his subspecialty –Wards team rotations , bright physician with outstanding bedside manner ,Dr khattab interest and concern for the welfare of his patient is evident in his overall approach to the physical diagnosis and treatment, astute physician with an excellent
knowledge base and excellent diagnostic skills , a very likable Youngman who is respected by his peers and the clinical staff for commitment to excellent patient care,
Dr Khattab got the essential components of the history and examination with all of the patients he presented Dr Khattab incorporated the feedback of the previous teaching points into patient care and made use of the literatures/ textbooks about some of the unique aspects of each patient .It is a pleasure to write a Letter of recommendation for Dr Khattab , I found Dr Khattab very conscientious and eager to learn ,he demonstrated superior medical knowledge and patient care , Dr Khattab has a nice personality ,he get alone with attending physicians ,colleagues and the nursing staff very well ,/Dr Khattab Academic performance has been very satisfactory ,Dr Khattab is a physician who shows very concerns and compassion about his patients , Dr Khattab would return to work late EVENING to continue taking care of his patients ,
Dr Khattab has a solid fund of knowledge that he is able to apply to daily hospital situations ,
. ,Dr khattab has a Satisfactory overall clinical competence, Dr Khattab patient care is superior to others, Dr Khattab has a superior Leaderships Skills) ,Satisfactory or Superior Medical Management and Diagnostic cskills ,superior use of book ,computer and literatures to enhance patient care , Summary of Abuse - Egregious Discrimination/Hostile work environment . Defendant is aware that plaintiff complained about Discriminatory and abusive conduct that started on his first day at work , (See the deposition of Morehouse chief of staff at Grady Hospital , Reed Dep 1st part - indicating that he is aware about Dr Khattab incident on first day at work -Page 37 –L 16-25 See Also Page 38 L 1-12-). Are you aware that someone at Morehouse told me that I want Americans to go kill all Syrians like you, like they killed the Iraqi's/Answer Yes /Q the first day of my employment at Morehouse?Yes, I'm aware of the incident). On July 1st 2004 plaintiff started his employment inside Grady Memorial hospital under the privilege of Morehouse , Almost immediately (First day at work) He was assaulted and harassed by Dr Natalie Bousader Armstrong who stated (Good from all people on earth you bring me a Syrian guy I want the American to go kill all Syrian like you like they killed the Iraqis). (See details in Attorney Akeel Certified Letter to Defendant Chief Operating officer/see plaintiff deposition transcript ). During plaintiffs first day at work his direct supervisors Rohr(Hispanic) and Bousader(Lebanese) asked him about his national origin and Religion
Together and individually Rohr and Bousader Natalie harassed and abused plaintiff during his July 2004 Grady rotation based on his national origin and religion. (Rohr refused to be deposed although plaintiff served her a notice of deposition ,Hono Judge Walker refused to issue subpoena to Rohr /see case docket). Defendant claimed that July incident affected Plaintiff deeply and was a trauma . (See document Khattab 1626 created by Myra Rose and Martha Elks –khattab 1626 Line 6 This incident disturbed him deeply and it was clear that whatever happened was traumatic for him.). Bousader told plaintiff that he is a dirty slave like Morehouse black people,
and a Nigger , Rohr told him that his a Nigger and Nigger is a normal ward in the state of Georgia. Plaintiff complained to Morehouse about its employees Outrageous Conduct.(See Reed Dep ,1st part page 38 identifying the 2 individuals Plaintiff complained to him about them -See complaining to Reed about NIGGER issues Page 38-L 1-12).(See also Dr Reed advise to Discuss the comments with the Program director (Reed 1st part Dep Page 38 Line 18-19
Page 39 L4-6 advise to discuss the issue with Rose ).
Defendant GME Director indicated under oath that plaintiff made an appropriate compliment to his director about Theresa Rohr .(Booth Dep Page 120 L 5-24) Line 18 =It is my understanding that you made the complaint PROPERLY to your program director).
Booth claimed that Rose regretted what Bousader Armstrong did to plaintiff in a letter sent in December 2004(Booth Dep page121 L1-17).Booth allegation is false as No released discovery document indicate that Rose regretted . Booth and his attorney Doyle provided document (labeled Khattab 0203) as a regret letter and the judge can review said document and discover that No Regret ward is written in it (See Booth Dep P 122-L 18-23 ,P 123 L1-22). In July 2004 Rohr and Bousader asked plaintiff to (start practicing defensive medicine as you need to protect us from racist patients). See details in case Docket 143 Paragraph 24 ,25 ,26 ,27 ,28. In July 2004 Dr Rohr threatened to kill the plaintiff based on what he wrote in Mr John .I- Grady Hospital Records.
Bousader humiliated the plaintiff and stated that (DO NOT BUY THE SLAVE unless You Buy a stick with him because this slave is filthy and dirty. This incident happened After Bousader noticed defendant ignorance to Dr Khattab compliment in the first 2 weeks of July 2005 and as a result of Rohr negligence.
Plaintiff complained again to Teresa Rohr Kirchgraber, and his employer. Marlin Pruitt (Morehouse Former chief operating officer) informed Dr Khattab that he was Not supposed to listen to those comments ,that those comments are directed to insult Black people and (you are not Black so you were not supposed to be shocked) .(Pruitt refused to be deposed in this case). In 2004 Mr D. Mack authorized plaintiff to publish his suffering story inside Grady Hospital and Plaintiff attached a copy of Mr Mack Grady Admission as an Exhibit to Flenaugh 2nd part deposition . In 2004 Mr D Mack was wrongfully discharged from Grady Hospital and later asked to come back to get treatment (See Mr Mack Grady admission Note) .Theresa Rohr and Bousader Natalie asked plaintiff to take care of Mr Mack although he is not one of Dr Khattab patients . Plaintiff requested an explanation for taking care of more scheduled patients and received this answer (because you know how to deal with those racist patients. In July 2004 Mr Mack asked plaintiff to help him .he said (I,m Black , I,m American and this is my country . They are neglecting me ,please help me,) Plaintiff examined Mr Mack and stayed with him over the night ,and per Mr Mack request Plaintiff wrote the truth in his Hospital records for example Dr Khattab wrote ( Mr Mack was discharged without treatment , Morehouse called him to come back , he is threatening to file malpractice lawsuit ) .
(See Mr D.Mack Grady Notes filed previously in this court). When Dr Rohr discovered what plaintiff wrote in Mr Mack Grady Hospital records ,she again threatened to Kill Plaintiff . On numerous occasion during July 2004 Plaintiff requested to be removed from Dr Rohr and Bousader team , All Plaintiff requests were denied ,further Dr Khattab was forced to work every Tuesday each week for almost 1 year under the supervision of Dr Rohr and Bousader inside Grady Medical clinic III. On numerous occasions plaintiff requested a meeting with Rose (Medicine Director) and Dr Aguayo(Medicine chairman) to discuss Morehouse hostile working environment and threatening Dr Khattab ,No meeting was scheduled .
(See Mr Akeel certified letter to Morehouse Chief operating officer for more details about other verbal insult -Case Docket 326-2 filed 8/4/2008-pages 12 13 14. // See also CAIR Council on American Islamic Relationship letter to Sara Doyle- Case Docket 326-2 filed 8/4/2008-pages 10/11/. In November 2004 Myra E Rose informed plaintiff that (Rohr/Bousader) Filed a report against him alleging that he can NOT communicate verbally ,this alleged report took place after Plaintiff Filed a complaint against Rohr Bousader and informed numerous Morehouse employees about the harassment complaints .Rohr denied that she reported Khattab , refused to discuss his working evaluation and claimed in writing that Dr Khattab DID NOT fail his First rotation (See Rohr notice to Myra Rose claiming that Dr khattab passed his first rotation although marginal , See Rose affidavit alleging that Dr khattab failed his first rotation )
(See document khttab 1625 created by Myra E Rose and she wrote in the last 2 lines concerned about reported lack of clinical focus that is reflected in spoken communication ) . In November 2004 Plaintiff decided to copy notes from Grady Medical records and send them to Morehouse Medicine Director Myra Rose , The decision was made based on Rohr denial of Filing any report against Dr Khattab English language and ability to communicate in writing . Rose refused to inspect plaintiffs documents , and started to harass the plaintiff by informing him that he is a (MAD WHITE PERSON IN A BLACK INSTITUTION). Throughout discovery Morehouse denied that I complained against any faculty member ,However during Dr Eric Flenaugh deposition he claimed that He listened to me complaining about being Mad white person in a black institution and he (wrongfully or amazingly) claimed that my concerns were investigated by Rose(See Flenaugh 2nd Deposition Page 78-L 2-12
Page76 line 2 Q Dr. Flenaugh, have you ever been informed that I raised the allegation that I was told during my residency at Morehouse that I'm a mad white person in a black institution? Answer I recall you saying something to that effect/ Did anyone at Morehouse investigate my allegation? YES. Q WHO - Answer Dr ROSE. Rohr evaluated plaintiffs 2004 work in June 20,2005 and the defendant GME Director claimed that her action is SLAW but not unfair(Booth Deposition Page 118 L1-9). Abuse During Muslims fasting month of Ramadan 2004. In October 2004 defendant employees Chinedu Ivonye ,Kodj and W.G.Allester(all of them African/Black /born outside USA) abused and harassed plaintiff during Muslims fasting month of Ramadan . As a Muslim plaintiff was engaged in the practice of fasting from sunrise to sunset and his supervisors including Ivonya increased his working Shift/Time/schedule and refused to give him few minutes rest at sunset so he might go to Grady Hospital cafeteria to eat at sunset. ( for more details See CAIR letter sent to Sara Doyle).(Ivonye refused to be deposed in this case). . In October 2004 plaintiffs working hours were increased , Plaintiff was ordered to stay at night to cover Morehouse physicians nightshifts without any Prior notice and on numerous occasions plaintiff was given orders NOT to go to Grady Hospital cafeteria to eat at sunset. At least on one occasion plaintiff in October 2004, plaintiff was forced to work “36 contentious hours inside Grady Memorial Hospital without a modification of his schedule so that he could eat one meal when fasting in observance of Ramadan In or around the 3rd week of October 2004 plaintiff decided to complain about abusing him based on being a Muslim, However Plaintiff changed his complaining strategy ,this time plaintiff complaint was made public as he complained verbally during Morehouse /Grady Morning rounds , unfortunately Myra Rose publically accused the plaintiff that he was
exaggerating the number of hours he worked and his compliant about being abused as a Muslim is not truthful or Not accurate.
.(Numerous individuals witnessed this incident and plaintiffs complaints about being harassed during Muslims fasting month of Ramadan ,Therefore Plaintiff reserve the right to depose them during trial ). In October 2004, While working in unbearable conditions in a hostile environment ,plaintiff discovered that an African American patients had a procedure without a consent and without anesthesia (See Ms D.S Grady Hospital Note document-redacted format ). The suffering patient (D.S) complained to plaintiff Therefore he addressed her issues and wrote a brief Note about her incident and suffering which was also reported by a Grady Nurse .(See redacted format of D.S Incident/unsigned Consent.). Allester G W and Chinedu Ivonye (Both Blacks but NOT Americans)asked plaintiff to destroy Notes the he submitted to Grady Medical records about patient Ms D.S ,Plaintiff refused to Obey the illegal order . (See attached documents) .plaintiff complained to Reed and Rose about Ivonye / Allster actions and the later unprofessional wards during his conversation with Plaintiff ( you DO not know how to deal with black patients ,Black patients hate White doctors like you ). defendant took No Disciplinary actions against its racist and corrupted employees who abused plaintiff and affected the health status of Grady Hospital poor /uninsured patients.(See plaintiffs 4th&5th Request for admission about October team problems with an uninsured patient described as WHITE TRASH. ,unfortunately Honorable Judge Walker refused to compel discovery ). Defendant responded to plaintiffs complaint by ordering him to work again and again under Ivonya supervision ( See Prove of repeated working under Ivonya supervision , 3 separate occasions- rotations-mouth October 2004, March 2005 and Jun 2005. /See response to First interrogatories –Request 11 Page 20 and page 21- See Also supplemental answer to Plaintiffs 2nd Second Interrogatories –Request 13 Page 10 and 11 indicating that Dr Khatab worked under the supervision of Ivonya in May or Jun 2005). Defendant has to explain to court Why plaintiff was ordered to repeat working under Ivonya(Black Nigerian) supervision after complaining against him and even without allowing plaintiff to evaluate his supervisor (Ivonya)
In 2007 Honorable Judge Walker refused to compel the deposition testimony of Ivonya although defendant admitted that Ivonya participated in terminating plaintiffs employment , See Defendant response to plaintiffs First interrogatories Request one page 2-page 3). A. Oyewo ILLEGAL/ Discriminatory Actions A. Oyewo provided information and documents which led to the termination of the plaintiffs employment at Morehouse,( defendant answer to Plaintiffs First Interrogatories Request One Page 2, Page 3 L 5-9. Oyewo is geriatrician (Akomolafe Dep p 7 L 11), a Faculty member at Morehouse Medicine department,a black physician originally from Nigeria , Plaintiff worked under Oyewo supervision in December 2004 ( first Response to Plaintiffs First Interrogatories Request 11 page 21). This case Docket proves that (1)-In 2007 Magistrate Judge Walker denied Plaintiffs Motion to compel the deposition testimony of Oyewo, and the denial was without providing any explanation. (2)Magistrate Judge Walker denied sending a Subpoena to the CSBME-Georgia medical Board about Dr Oyewo.
Defendant grievance documents indicate that Plaintiff complained against Oyewo( For example see the Hand writing of MSM Medicine Manager Christie-document Khattab 0860-last ward Oyewo ). Plaintiff informed this Court about a few Dr Oyewo actions against him, Therefore No need to repeat sending what the court already received (See case docket Plaintiffs Motions to amend the initial complaint filed in March & April 2007). In December 2004 the plaintiff was forced to work alone without help for a very long period inside Grady Memorial Hospital while being under the supervision of E Oyewo .Oyewo refused to come to Grady Hospital even after Plaintiff politely asked him to come to the Grady hospital to take care of his critically ill patients.
Plaintiff has a list of patients (names and notes) who were neglected by Oyewo in December 2004, and the notes should be presented to the jury during trail or submitted via Subpoena to Georgia medical Board for investigation.(See one patient name and incidents addressed in Flenaugh Dep page 58L 16-25). In 2004 and 2005 Oyewo accused the plaintiff that he is informing all the Medicine department employees that he( Oyewo )did not show up in the hospital for a few days, and the plaintiff has to pay for creating such a bad rumors .
In 2005 Oyewo refused to discuss plaintiff’s working evaluation ,accused plaintiff that he does not deserve to be compared with Nigerian doctors ,and he will Not discuss any plaintiff issues unless Rose(Director) direct him to do so. Morehouse Medicine chair/Director(Rose) admitted under Oath that she DID NOT make any arrangement for a meeting between Plaintiff and Oyewo, Akomoalfe to discus plaintiffs evaluations(Rose Dep 2nd part march Page 25L23-25/Page 26 L 1-2 ) Flenaugh remembered during his deposition being paged by plaintiff about one of Oyewo patients and (Dr Khattab complaining that Oyewo was not available in Grady hospital) (Flenugh Dep 2 part p 57 ), Flenaugh claimed that the result of RAC discussion about Oyewo was supposed to be addressed by the medicine chairman (See Flenaugh deposition page 59 L 1-13). Sending a Subpoena to Grady Hospital Medical Records may prove that Oyewo did not come to hospital for a few days to take care of his patients in December 2004 and or also let plaintiff work of them . In December 2004 Plaintiff was forced to work up to 95 hours a week, and this could be proved by sending a Subpoena to Grady Medical Records as plaintiff recorded his working time , schedule, supervision status and continues working hours in the Notes provided to Grady Hop medical records
( See Grievance document proving that plaintiff complained against Oyewo rotation (December 04)- 95 hours a week working time Khttab0858). In December 2004 plaintiff worked under the supervision of three Nigerian physicians Okafor, Ogunniyi and Oyewo, and in December 2004 Oyewo
stated ((that 99% of American are idiots stupids and bring someone like me to do the job for them.)plaintiff complained about this verbal immoral comments and defendant took NO ACTION.
(See Booth Dep P160-When asked about investigating the previous statement Booth answered (I do NOT think it matter because it sounds Ludicrous , Further he stated (WE DO NOT CONTROL IT) Booth Dep page 160 Line 5 ,Line 20.
In December 2004 Oyewo refused to treat plaintiff equally like his Nigerian coworkers (peers-residents.). In January 2005 Plaintiff complained to His Director against Dr Oyewo , As usual Rose neglected plaintiffs complaint. Honorable Magistrate Judge Walker protected Morehouse from admitting or denying Plaintiffs allegations about Oyewo(For example denying answering Plaintiffs 4th and 5th requests for admissions-see Requests number 72-73-82-83-84-85-86-88-89-90-91) During discovery Morehouse failed to identify the number of patients plaintiff took care of them in December 2004 and attorney Mrs Doyle refused to inspect plaintiffs documents related to those patients number.(See RESPONSE TO PLAINTIFF'S INTERROGATORIES TO THE DEFENDANT PER HONORABLE JUDGE WALKER ORDER ISSUED ON AUGUST 14, 2008, Request 4 page 3-4). Discovery has ended and Oyewo failed to provide /prove the existence any document to support Morehouse allegations about Plaintiffs patients care and medical notes ,Further Oyewo failed to identify one wrongful medical management or diagnosis or prescription. (see answer to Plaintiffs Requests for admissions per Judge Walker August 2008 order –Request 5 page 4 defendant believe that its employees Abraham Oyewo ,Chinedo Ivonye MD are NOT required to provide any patient notes /Medicalrecords which support Morehouse allegations regarding Dr Khattab patient care Notes and medical documentation . Failure to investigate plaintiff’s complaints .Defendant sham investigations/Retaliation. Defendant engaged in various immoral and illegal acts such as conducting a sham investigation, destroying and fabricating evidence, and maliciously accusing plaintiff of improper behavior. I reserve the right to discuss Morehouse Shame discrimination/Abuse investigation in details later , However I would like to mention a few examples 1-Morehouse Chief operating officer (Pruitt) letter dated July 2006 alleging that plaintiff requested delaying investigation . I filled my EEOC charge in 2005 and her letter is dated 2006 -See Document khattab 0886). 2- Akomolafe claimed during her deposition that she was never under investigation because of plaintiff and never been investigated by Pruitt (Akomolafe Deposition page 18-
See also Attorney Akeel certified letter to Morehouse Chief operating officer(Pruitt) and the EEOC, the letter includes statements about Akomolafe conduct like this statement (They look at your face and remember they were slaves ). It is clear that Morehouse was and still refusing to investigate its employees even after Filing this lawsuit. 3-Morehouse Vice Dean/ GME chairman (ELKS) admitted meeting with plaintiffs former attorney inside her office at Morehouse, However Dr ELKS refused to address plaintiffs Grievance .Elks stated that Rohr and Heisler are her friends(Plaintiff complained to Elks about Rohr,Heisler)(Elks p 82L6-11 P 83 L 8-14,See Elks Draft, Medicine Department Grievance outcome .) (Conclusion the reason for neglecting plaintiffs grievance is the fact that the grievances includes complaints about whom ELKS admitted are her friends ).
(Martha Elks ) refused to send the Plaintiff any written response to his numerous Grievances although she has obligation to do so under Morehouse policy(See Attached Grievance policy).Elks failed to respond to Plaintiffs discrimination complaints .Elks failed to take any disciplinary actions or investigations after Dr khattab attorney contacted her directly to address his client concerns. (Elks Dep Page 65 Line 18-23/page 66 L1-18, See Page 66- L 16 -18). Defendant claimed that ELKS is not responsible for handling Discrimination or Equal opportunity complaints. (Morehouse supplemental response to plaintiffs first Interrogatories Page 5 specifically line 13). Defendant is Liable for Elks actions and protecting Elks. In an effort to avoid any official investigation Elks created a horrible accusations about plaintiff. For example Elks alleged that plaintiff has a paranoid delusion and therefore NO need to respond to his complaints directly
(See document khattab 0433-see also Elks denial of creating allegations against plaintiff and plaintiff directing Elks during her deposition to review her own wards about paranoia (Elks Deposition page 58, Page59 L 1-8.-Exhibit two .). 4-Morehouse former Dean (smith) refused to meet plaintiff although she is responsible for Morehouse Grievance policy. Smith alleged under oath that Elks did not inform her(smith) about The meeting between plaintiff former attorney and Elks. Smith allegations contradict Elks statements under oath ,Elks claimed that she informed Dean Smith about the meeting .(See Elks Deposition Page 67 L 20 12 22 23 –Page 68 L 1-12)(See Smith depo Page 16 L 13-16).This contradicting depositions statements should raise concerns about Morehouse employees credibility . 5-It is Amazing that some individuals Plaintiff complained against them investigated my part of this lawsuit and plaintiffs allegations per Morehouse discovery allegation Like Drs Rohr/Rose/Flenaugh. For example Rohr investigated form July 2004 through June 2005 (See Defendant response to plaintiffs first Interrogatories ,Request 14 page 25-26,See Page 25 Line 12(Theresa Rohr Kirchgraber July04 through Jun 05).
Rohr evaluated plaintiffs 2004 work after terminating him and amazingly 6 month after the end of 2004 (See Document khattab 0279- On Jun 20/2005 Rohr evaluated Dr Khattab 2004 work ,However she made a choice to claim that all the following aspects were satisfactory in 2004 , Patient care , Clinical Judgment ,Medical knowledge, clinical skills ) .
Rohr refused to be deposed in this case after plaintiff served her with an official notice of deposition .On numerous occasions Judge Walker refused In 2007 to issue a Subpoena to Dr Rohr-See case docket ). 6- Morehouse former Dean (Smith)Failed to respond to Plaintiffs numerous Discrimination complaints and multiple grievances.
Dr Smith admitted under oath she never reviewed or viewed Morehouse discrimination policy (Smith Deposition Page 8 Line 19-22) further during her deposition she claimed that per her knowledge Morehouse residents do NOT have the right to file grievances to the Dean . (Smith dep Page 15 L 16-25-Page 16 L 1-8. Dr Smith an employee of Morehouse since 1978 ,never cared about reviewing Morehouse Discrimination /grievance policy although she was the dean and also involved and deposed in at least one Discrimination lawsuit against Morehouse ,for example My former chairman Dr Aguayo lawsuit against Morehouse(1:06-cv-01095-JOF-SSC) . In Aguayo V Morehouse , Dr Aguayo claimed that Dr Smith removed him to appoint Dr Rose as chairman Of the Medicine Department because Dr Aguayo is Non Black and appointed Non black in Morehouse and despite Morehouse former President Honorable Dr James Gavin Notice to Dr smith about Dr Myra Rose actions and intentions . (See Smith Deposition Page 4 L 21-25 Page 8 L 19-25/Aguayo V Morehouse /1:06-cv-01095-JOF-SSC, Honorable Judge J. Owen Forrester –Northern District of Georgia ).
Dean Smith addmited talking with the plaintiff in 2005 and referring him to the GME office(Smith Deposition page 10-page 11 L 1-20) In Jun 24 Mr Bill Booth informed Morehouse Dean Marjorie Smith that she is officially involved in the matter of Khaldoun Khattab ,(Document Khattab 1383),the next page of the document 1384 ,indicate that there is side issues KNOWN by the members of this e-mail ) example….allegations of discrimination Khatab 1384).,
Dr Smith kept refusing to meet Plaintiff before and after Mr Booth contacted her about plaintiff .
(see Booth affidavit –sworn November 14 ,2008 ,P 31 he stated that he summarized my events in Exhibit C attached to his Affidavit –)
Mr Booth and Dr Smith are responsible for all the information contained in khattab 1383-1384. During her deposition Dr Smith stated under Oath that (The Dean is NOT responsible for enforcing discrimination policy (Smith Dep Page 13 L 6,7. Dean Smith confirmed under oath that she does NOT think Morehouse residents have the right to issue grievances’ with the Dean ( See Smith deposition Page 15 L 16-25-Page 16 L 1-8.
Dean Smith neglected and violated her duties obligation under Morehouse policy(discrimination, Grievance and Mistreatment policy-See Khattab 080-099/0100-the Dean and senior vice president should ensure compliance with this policy) . Dr Smith received copies of numerous complaints Plaintiff sent them to Morehouse president Dr Satcher and also e-mails from Martha Elks about plaintiff . (See for example Khattab 0548 Urgent Appeal re Khaldoun Khattab ,At least once defendant president Dr Satcher sent plaintiff a response ,unfortunately Dr Smith neglected all e-mails communications including those created by Dr Satcher and Smith (See khattab 0548-see case docket 41 page 3 of 40 copy of Dr Satcher e-mail to plaintiff with CC to Marjorie smith ). 7- -Defendant claimed that Dr Eric Flenuagh investigated part of this lawsuit and plaintiffs allegations form September 2004 through July 2005 (See Defendant response to plaintiffs first Interrogatories, Request 14 page 24/25./26 Page 26 Lines 12,13), However during his deposition Dr Fleanugh could Not remember that he investigated any issues in 2004 and claimed that the RAC
investigated plaintiffs issues(Flenaugh 2nd Dep page 68 Lines 8-25/(Page 70 L 1-9) -(See also next section about RAC /Rose/Flenaugh /conspiracy and Morehouse false allegation about RAC investigation)(See also Page 61 L7-10).
Defandnnat Failed to identify what Flenugh investigated in 2004 ,Further it failed to provide any evidence if investigation, therefore it is clear that defendant was creating false allegations of investigation . In 2005 Defendant should have investigated Flenaugh who Sent selective e-mails to Morehouse employees advising them to DECEIVE plaintiff/Fleanugh communications , (See Khattab 0529 e-mail from Flenaugh to Rose, Heisler Yolanda Line 3-4 this selective emailing is an effort TO DECEIVE . (Flenaugh Deceiving efforts represent his ethics, manners , and could be a prove of conspiracy.). 8-Martha Elks ,Morehouse Associate Dean and GME chairman is involved in Retaliation and neglecting plaintiffs complaints delivered to her during her meetings with the plaintiff ,via e-mails later , and in written communication in Jun 2005 and also via plaintiff former Attorney Mr El-khalil. Dr Elks admitted the fact that My former attorney met her inside her office (Elks DepPage 65 Line 18-23/page 66 L1-18, See Page 66- L 16 -17-18 I spoke of it when your counsel was with you in my office. ) Defendant GME Director Booth stated under oath that she advise plaintiff to see Dr Elks to discuss significant concerns but he is not aware that my attorney met Dr Elks(Booth Dep Page 105 (L 16-21) Dr Elks also admitted that if a resident has a problem within his department he should report to her (Elks Dep P 14-23). Elks claimed that Plaintiff did not contact her until April 2005(ELKS Dep p 80 L 23/P 81-L1).
Attorney Mr Vernon Strickland refused to let Elks answer this question under oath, Elks Dep Page 63 line 21/ Q/ Dr. Elks, do you think that you can convince a jury that I brought an attorney to deal with Morehouse and you refused to address the grievance because I did not address the issue directly in writing with you?
MR. STRICKLAND: Objection. This is argumentative, and it calls for conjecture and speculation. It's clearly beyond her knowledge.
See also Elks Deposition page 65
Q Why do you think, up to the best of your knowledge, I asked an attorney to contact Morehouse School of Medicine on my behalf? ELKS admitted that the next level for addressing Plaintiffs Morehouse Grievance was her (See ELKS Dep Page 14 Line 19 the next level of bringing it in writing to a higher level -- that would be to me.).On one occasion Dr Elks admitted that plaintiff spoke with her about his grievance (Elks Dep Page 15 Line 3 You spoke with me about that). Although Dr Elks refused to send plaintiff any written document via Mail or e-mail to clarify his concerns she was trying to create a an answer ,amazingly the answer was claiming that The grievance is complete and appropriate (without even some reassurance about comment done by a faculty member probably because that faculty (Rohr ) is Dr ELKS friend .
(see for example document Khattab 0912
This is in response to your questions regarding your status at MSM .
(See Elks Deposition page 82 L6-10,Rohr is her friend
(See Grievance document last paragraph about a faculty member).
It is important to Note that Defendant admitted that Dr Elks sent an e-mail To plaintiff and Morehouse Dean (Smith) dated Jun 14,2005 confirming reciving a written Notice as chair of GMRC (complaint) about Not gaining Dr Khattab EQUAL appropriate chance to stay at Morehouse(See Khattab 0510). 9- Defendant Chief operating officer (Pruitt) refused to seriously investigate Rohr or investigate Morehouse official grievance response(Khattab0378 paragrapg 6) . Morehouse neglected that the fact that I filed a complaint against Rohr and alleged that she called me a Nigger ( Reed 1st Deposition Page 69 L11-13 ,Further Dr Reed claimed under Oath that based on his knowledge No one at Morehouse investigated Dr Rohr(See Reed deposition page 69 L 3-6).
10-In spring /summer 2005 The defendant legal councilor (Sara Doyle)failed to respond to plaintiff complaints or even his former attorney inquires although Ms Pruitt (Defendant chief Operating officer) was updating Ms Doyle about plaintiffs complaints including those complaints to Dr ELKS.(See for example Document Khattab 0902/0577/0905). 11- Defendant failed to identify the faculty member mentioned in Morehouse official grievance document (See Supplemental response to plaintiffs 2nd Interrogatories Request 18 Page 12 .)See defendant Grievance outcome Khattab 0378-Khattab 0379 paragraph 6 The grievance concerning alleged comments made to Dr. Khattab by a faculty member was also reviewed).Elks & Rose failed to identify the faculty member during their deposition.(Elks Dep P 5, P6,P8 L13-21)(Rose Dep P 5-L4-25-P5 L1-3). 12-In May and Jun 2005 I requested a meetings with Morehouse Medicine director (Rose)& Chairman(Rose became Chair after terminating Dr Aguayo) . Myra Rose retaliated against plaintiff and refused to meet Dr Khattab although Morehouse due process and Grievance process policy clearly indicate that a meeting should happen within 5 business days (See Morehouse due process and grievance process policy-Khattab 0709 –section 1.2,2.1,2.2) .
Rose refused to meet Dr Khattab despite the fact that his former attorney contacted her office directly (See Rose Deposition admitting that I requested a meeting in May and Jun 2005 and she did NOT respond-Rose Dep 2nd part March Page 47L3-11-See attorney invoice -See Plaintiffs request for a meeting –requests delivered via US mail and e-mail ). Rose failed to identify the faculty member in the grievance document which she approved (Rose Dep P 5-L4-25-P5 L1-3). 13-Defendant claimed that Rose had No obligation to meet plaintiff in Jun 2005 (See Supplemental response to plaintiffs Interrogatories ,Request 21 Page 5 Line 10-11-Filed March, 7,2008)
Defendant violated its own policy Rose had obligation to meet plaintiff under Morehouse grievance and due process policy as she used to be the Chair and Director of Medicine (khattab 0709-step one & Step 2).
Rose signed plaintiff termination documents and refused to ensure compliance with Morehouse policy ,Morehouse accepted Rose violation. 14-In Summer 2005 defendant was involved in shameful method of conducting its grievance investigation result ,and falsifying documents . defendant employees made a choice to send a certified mail to someone named (Suzan) and claim that the certified mail was sent to Dr Khaldoun Khattab (Plaintiff).(See Khattab 0810 /0813 Certified Mail Receipt dated 7-18-2005 addressed to SUSZAN Khattab (NOT Khaldoun Khattab). The certified mail was returned to Morehouse (khattab0813).
(See case docket 41 pages 24-25 of 40) Attorney Sara Doyle stated in her EEOC position Statement that plaintiff refused to receive defendant certified Mail , Doyle allegation is false as No one asked plaintiff to receive Morehouse Mail addressed to another person called (SUZAN). Work Time /load –Patient Numbers (Negligent/Abuse). Plaintiff complained during his employment about his long working hours, defendant refusal to activate Dr Khattab time cards, and assigning him more patients than his co-workers, As a response Morehouse Medicine leaders neglected plaintiff complaint and Horribly failed to identify the person who is responsible for addressing plaintiff complaint. Defendant claimed under oath that(Number of patients plaintiff took care of them and Hours NOT available.)/ (See Defendant response to plaintiffs 1st Interrogatories page 24 Lines 1-5).(See RESPONSE
TO PLAINTIFF'S REQUESTS FOR ADMISSIONS PER HONORABLE JUDGE WALKER AUGUST 2008 order-Request(7)Pages4/5
Admitting that (3 three originally Nigerians faculty member failed to identify Plaintiffs new patients number in the evaluation provided in the residency File-See also Khattab 0270). Fleanugh(Residency Associate Director) claimed during his deposition that he is NOT responsible for plaintiffs working time/working load/time cards , he admitted that (time machine) is located next to his office, but he does not know who is responsible for ensuring that it was working Further t (No Morehouse employee is responsible for knowing the hours
(fleanugh Dep 2nd part Page 59L 8-15- Page 60L1-6 -Page 59(L18-19). Any Reasonable Jury will never accept Flenaugh and Defendant allegation that No Morehouse employees is responsible for knowing plaintiff working hours even after Dr Khattab complained about working up to 95 hours a week. RAC Conspiracy /Negligence. Defendant claimed that plaintiff was terminated by its RAC in May 2005(See EEOC Position statement page one, RAC is Residency advisory committee.) Defendant and a limited number of its employees were engaged in a concerted effort to terminate Dr. khattab employment through unsubstantiated allegations and illegal RAC Conspiracy. The individuals involved in RAC conspiracy are Morehouse Dean Smith , GME Director(Booth), GME Chairman (ELKS) ,Medicine Director (Rose) and Drs Reed and Flenaugh. In March 2005 Morehouse and its employees started to raise allegations that the Medicine department RAC had taken actions against the plaintiff on behalf of Morehouse , However until today defendant refused to identify /certify under oath who are those RAC members . (Attorney Ms Sara Doyle submitted a list of RAC members via e-mail in 2008 and refused to let any defendant agent (employee) certify it under oath. Issues related to RAC were discussed in Plaintiff response to defendant statements ,7,8,9,10,11,17,18,19, therefore there is No need to repeat it). “Defendant and Rose are responsible for violating Morehouse’s own policy by refusing to appoint a resident in the RAC per Morehouse’s written policy.”
(See Plaintiffs response to Morehouse alleged statement of fact number 8-See Khattab 0042). Defendant is liable for its unknown RAC members illegal actions including but limited to ignoring Discrimination complaints , manitaing a hostile working environment , neglecting patient care &Abuse compliments and Finally encouraging Morehouse employees to keep abusing plaintiff .(See attached documents about complaints to RAC). During discovery defendant insisted that plaintiff knew all the RAC members as he met them in March 2005 , However it failed to identify RAC members and refused to release its March ,May or Jun 2005 RAC meeting minutes . Defendant current Chief of Morehouse staff at Grady Hospital( Reed) testified under Oath and claimed that a record is kept on every RAC meeting ,and if plaintiff want a list (roster) of who attended meetings then Christie (Residency Manager)has it ( See Reed Deposition 1st part page 26 L 6-25- Page 27 L 1-7.-Page 27 L 11-16. Page 29 L 15-16 ) (See document khattab 0298-See documents and facts mentioned in plaintiffs response to defendant alleged genuine fact statement 19). See Akomolafe deposition pages 10-11-She claimed that she is a member of the RAC and she can NOT recall meeting Plaintiff Akomolafe Depo Page 11 L 1-4, Page 10 L 4 ). Rose admitted under oath that she appoint RAC members (Rose March Dep page 82.L 2-13), Therefore Rose is responsible for RAC actions , and identifying RAC members Amazingly she failed to identify them during her deposition( Rose Dep Page 81 ). Defendant and Rose are responsible for violating Morehouse own policy by refusing to appoint a resident in the RAC per Morehouse written policy. Rose claimed that she did NOT attend the RAC meetings with plaintiff (Rose Dep 2nd part Page 80 L8-12) and Rose could Not remember who are those RAC ,or who are the RAC who met plaintiff(Rose Dep Page 81 L2-17). In 2005 numerous Morehouse faculty members ignored plaintiffs numerous requests to know whether or Not they are members of the RAC and who are Those RAC members whom according to Rose they met with Dr Khattab. See Documents Khattab 0673/0674/0678-0780-0900-0898-. 0298-0637-1085-1086- On April 6,2005 Plaintiff requested that Morehouse GME Director Booth send him the names of RAC member(Khttab 1085). , Booth ignored Dr Khattab. (See inquires about alleged RAC member Khattab-0670-0634 dated April 6,2005 . On April 6,2005 plaintiff informed his MANAGER Christie (I DO NOT even Know the list of RAC members, names?)khattab 1086.
Christie ignored Plaintiffs e-mails and requests. In 2005 All the following defendant employees failed to identify the RAC members (1)GME chairman -ELKS,(2) GME Director Booth
,(3)Medicine Director(Rose) (4) Residency Manager (Christie) 5-Morehouse Chief operating officer(Pruitt) ,and finally (6) Flenaugh(Associate Residency director) In an effort to identify alleged RAC members Plaintiff kept sending e-mails in 2005 to confirm that HE DID NOT met or know RAC members ,Never knew know who are all those RAC members
(See Khattab 1105 (e-mail to Dr Igho-Pemu)she informed Rose and I do not know the appropriate response.
/Khattab 1102 From Pricillaia Igho-Pemu to Rose (Is there a process in place for dealing with such enquires) Myra Rose forwarded the matter to Marlin Pruitt(FYI) .Khattab 1103 .See also Notice to Igho-Pemu and Oderinde about an alleged RAC. During Christie Deposition she identified RAC members ( Christie Page 10 L21-23 Page 11 L 1-5 ) she also provided a document about the alleged RAC members, However the document was FALSE The evidence about falsifying the said RAC document came during Akomolafe deposition , Akomolafe claimed under Oath that she is a member of defendant 2004/2005 RAC ( Akomolafe Dep page 10 L 2-9) Akomolafe name is not included either in the list provided by attorney Sara Doyle or the list provided by the residency manager Christie during her deposition (See Christie dep Page 10 L21-23 Page 11 L 1-5 ). All Plaintiffs concerns regarding Patient care , safety issues ,unlawful practice ,and Dr Khattab work evaluation had never been discussed with a real RAC members , See Khattab 1086(Letter to unknown RAC members to be forwarded by Yolanda Christie-). According to Morehouse Due process policy the plaintiff has the right to physically meet the RAC members and appeal their decisions to GME/Dean as the RAC decision is NOT final (Khattab 0045-0055). In 2005 Defendant Manager Christi informed plaintiff in writing that RAC decision is Final and that his advisor Dr James Reed will advocate the plaintiff during RAC meeting (see Document khttab 300 ). The defendant retaliated against plaintiff by letting someone who wants to Fire Dr Khttab (James Reed) represent him during RAC meetings (khattab 300) Further defendant retaliated by denying plaintiffs right to appeal to Morehouse Dean Smith , Indeed defendant actions should be considered Non legitimate simply by using common sense as defendant should have identified its RAC members under Oath. In Spring 2005 Dr Khttab Filed numerous compliments via e-mail (See documents Khattab 0637-0638-1050-1086 ) , Defendant and its employees Reed and Rose ignored all plaintiffs complinets/e-mails. Drs Rose & Reed retaliated against plaintiff because he Filed numerous complaints via e-mails about neglecting ACGME/Morehouse policy regarding resident evaluations (See Khattab 0325),Further Dr Reed retaliated against plaintiff because Dr Khattab started contacting lawyers in March 2005 and officially assigned an attorney in April 2005 to deal with Morehouse,(See Attorney Elkhalil Invoice1199). Rose took negative actions against plaintiffs in Spring 2005 and claimed that an RAC decided those actions based on Rose opinion about plaintiffs patient care although she never worked with plaintiff inside any Georgia Hospital . Rose alleaged documents about Jan, Feb and March 2005 RAC actions are simply a personal opinion and conclusory allegations which should never be accepted as a genuine fact ( Conclusory allegations based on subjective beliefs are insufficient to create a genuine issue of material fact. See Leigh v. Warner Bros., Inc., 212 F.3d 1210, 1217 (11th Cir. 2000); Ramsey v. Leath, 706 F.2d 1166, 1170 (11th Cir. 1983). Rose is a person who can easily provide false allegation ,for example See Document (khattab 0751 ). Rose informed the CSBME on behalf of Morehouse that ((the EEOC decided that plaintiff complaint is unwarranted )) See document Khattab 0751 We found that the EEOC determined that Dr Khattab charge was unwarranted . .).
(CSBME is Georgia medical Board) See Khattab 0750- 0752- Rose described plaintiffs behavior as (erratic) and she indicated that he is manipulating her faculty members and want to make complaints so he can extend his visa/immigration status inside the USA . Rose personal opinion about Dr Khattab behavior contradict her faculty members opinion (See Legitimate Work Section and attached documents about Professionalism and behavior -See positive opinion documents 0851, 0370,0270,0272,0273 ,0271..etc). Rose claimed that plaintiff is manipulating her faculty members as she is not ready to accept her own faculty members positive opinion about Dr Khattab (A Caucasian Muslim Physician ) When Morehouse decided to terminate Dr Khattab employment ,its employees did Not review Plaintiff documents including the positive/ superior work evaluation which was available to Morehouse ,For example Reed who advocated/represented the plaintiff in alleaged RAC meeting admitted under oath that he did not review specific doctors evaluation and recommendation ( Reed 1st part deposition-March/08 Page 42 L 20-25-Page43 L1-21) Defendant made a conspiracy and illegal decision when it let (James Reed) advocated plaintiff in alleged RAC meetings , Although (1) Reed Does not know with whom plaintiff worked during his employment (Reed 1st Deposition Page39 L20-25,Page 40L 10-24-Page41 Page 47 L 15-21) , (2) he does not know if plaintiffs supervisors discussed Dr Khattab evaluation (Reed Dep 1st part Page 44 L11-21), (3) Reed want to Fire the Department chairman because as the chair appoints WHITE people(See Section about Former Morehouse president deposition testimony regarding Reed) , 4-Reed wants to fire plaintiff and voted against him(reed Dep 1st part P13L1-24 ) Reed should have never be allowed to represent someone he wants to Fire him. Reed Denied during his deposition what Mr Booth claimed in an email sent to Morehouse Dean and attached to Booth affidavit as Exhibit C-Khattab 1388 paragraph 9 L42-44(Dr Khattab was informed by Dr James Reed in his capacity as Vice chair on Jun 8,2005 ….that you will not be allowed to continue in the residency program(See Reed August 2008 Deposition), Reed denied that he hand delivered plaintiff a copy of his termination (Reed Dep 1st part Page 70 L 7- 8). Reed, Rose-contradicting statements under oath. Reed stated that Rose is the person who informed Dr Khattab about the termination and usually individuals are notified by Certified Mail (Reed 1st deposition page 56 L23-25 Page 57 L 1-7 ,Page 57 L11-25-Page 59 L 3-5) Reed previous statements under oath contradict what Rose claimed ,For example , beside the previous statement Reed clearly alleged during his deposition that Rose was the chair of the RAC meeting which terminated Dr Khattab employment (Reed Dep 1st part Page 14 L 16-25)
Rose claimed under Oath during her deposition that she BELIEVE and she know that she Was NOT in Morehouse when the termination meeting occurred (See Rose Deposition page 116 L 1 - 9). False allegations about RAC Voting Defendant claimed in its statement of genuine Facts (statement 24)that RAC voted not to renew Dr Khattab agreement ,Flenaugh provided an affidavit to support
this false allegation (Flenaugh Aff P16) It is Amazing that Felnaugh himself testified during his deposition and indicated that the decision was without voting Therefore it is obvious that Fleanugh deposition contradict his own affidavit. (See Flenaugh Dep Page 51 line 2 We classically don't have sort of votings. See also Dr Eric Flenaugh admitting the RAC made a decision without a Voting Flenaugh Dep Page51& 52
Page 51 line 25 Question (And who made the decision without a Voting) Answer Page 52 line 2 ( The residency advisory committee). Reed Conspiracy and single Vote to terminate plaintiff on behalf of Morehouse / Violating RAC QUORUM Policy The court have the power to believe Attorney Mr Vernon allegation that the RAC voted to terminate plaintiff ,However Based on Discovery James Reed might be the only person who voted to terminate plaintiffs employment and this is the explanation
1- Rose claimed that she did Not attend the meeting (Rose March Dep
page 116 )Rose is NOT allowed to vote in the RAC meeting per Morehouse policy, (The program director may NOT participate in this vote., Document Khattab 0054 Line29/30-Section E) .Rose claimed under oath that she did Not attend the meeting .
2-Christie claimed under oath that she is a NON Voting member,
3-Dr David Anderson and Akomolafe claimed under oath that they did not attend the RAC meeting which terminated plaintiff .
4-Flenugh claimed under oath that the RAC decision was made without Voting and the RAC do NOT have sort of voting (Flenaugh 2nd Dep P51,P52)
5-Morehouse violated its own policy about RAC QUORUM - quorum voting(see Khattab 0043 Lines 12-13 Morehouse policy). 6-Defendant illegally assigned Reed to represent plaintiff in RAC meeting , Reed admitted under Oath representing plaintiff(Reed Dep 1st part page Page 12L 19-24) ., Reed and Defendant refused to answer questions under Oath about Reed unfair /illegal representation of Dr Khattab (Reed Dep 1st part p13 L19-24 Line 19 . Reed is involved in Morehouse Grievance Negligence/ conspiracy, as he
Appointed Flenaugh to be the chair of plaintiffs Grievance committee(Booth Dep Page 115L21-22). Reed knows that Felanugh want to terminate plaintiff so he appointed him as a committee chair . (Reed) violated Morehouse policy in his capacity as Acting chair when he refused to meet plaintiff within 5 business days of filing a grievance and due process appeal /Acting director (See Morehouse Grievance policy ,see Reed 2nd Deposition transcript ,See other previous section details about Grievance Negligence ) . Reed and Booth denied their responsibility about bringing a signed evaluation For May 2005 work evaluation ,( Michael B Hisler Signature)(Booth Dep P 114L19-25P115 L19).
Booth claimed that Flenuauh represented Heisler in his capacity as Chief of ICU .(Booth Dep P 116-L 11-17).Both allegation is false as Defendant claimed that the chief of the ICU in 2004/2005 ,2005/2006 is Dr Marlin Forman Not Flenaugh (See Residency hand book .see also compliments via e-mail to Booth and Reed indicating that Heilser evaluation does Not exist and his signature also does not exist ) .
In Jun 26/ 2005 Reed let Flenugh held a falsified RAC meeting (only 2 members attended the alleged meeting - )Reed did not address this mater although he (Reed)received a notice from the HEM Chairman (ELKS) on June 24/2005 indicating his responsibilities as a the Acting chair of the department ,Again Reed neglected plaintiffs request to know who are Those RaAC members.(See Khattab 0510,0487).(See also document about complinning via e-mail To David Satcher Morehouse president (on Jun 21,23 )with CC to Reed who neglected addressing all those complaints ) .Is is clear that Reed and Flenaugh violated Morehouse RAC QUORUM Policy and refused to identify the RAC members ,Further ELKE is aware about their action (See Khattab 0478 e-mail from flebugh to Elks with a question about whether Morehouse has to send khatab or the Dean a copy of alleged RAC meeting chaired by Flenugh). Rose and Reed has a history of discrimination and involvement in conspiracy to terminate Non black physicians (See Aguayo v Morehouse Amendment Initial complaint Paragraphs 166/ and 205 to 215(Reed Rose meeting MSM president during plaintiffs khattab employment and complaining about appointing white people and changing MSM face .) . SUMMARY
Any reasonable Jury will accept that in 2005 Dr Khattab could NOT discuss his issues with RAC members ,Defendant retaliated against plaintiff and failed to appropriately identify RAC , failed to appoint RAC members appropriately per its own policy (See response to defendant Genuine fact statement 8) and Finally a Few defendant employees claimed under oath that they are RAC members but they Did NOT met Dr Khattab in any RAC meeting or never discussed Dr Khattab termination/Non renewal in any RAC meeting. July 1st 2005 Incident On July 1st 2005 flenaugh MD contacted plaintiff directly while Dr Khattab was in Pre-Operation status inside Kenneston Hospital in Kennesaw, Georgia
,Dr Flenaugh did not care about Dr Khattab critical health status and the fact that Dr Khattab had a very serious injuries which could led to the Death of Dr Khattab and he was in pre-operation status for a surgery which left Dr Khattab with a Permanente Implement in his leg . Flenaugh MD called plaintiff to simply inform him that Morehouse Fired Him and he has no place at Morehouse per Flenugh alleged Grievance committee, Flenaugh actions were inhuman, insensitive and represent his ethical and personal manner , Furthermore Plaintiff discovered later that Flenugh claimed that Dr Khattab asked him to send the Grievance document via e-mail
,However any reasonable jury will probably refuse Flenugh allegation as in 2005 No Surgery room or critical care unit in Georgia was providing an internet service for patients who have a critical health status .
(See document Khattab 0951 -Flenugh e-mail dated July 1st2005 , sent to Elks, Rose, Reed ,Hsisler ..etc confirming that he contacted Dr Khattab while being treated for a medical condition and alleging that Plaintiff asked him to send a copy of his grievance via E-mail)
(See Flenugh Deposition Page 73 ,Page 74 ,) Legal Argument and Facts
See Plaintiff separate Memorandum of law in support of plaintiffs Motions To receive a jury trial on all his claims.