Morehouse and Interupting Justice

In The UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
75 Spring Street, S.W.
Atlanta, GA 30303-3309 KHALDOUN KHATTAB, ) ) Plaintiff, Pro Se ) CIVIL ACTION FILE V ) . ) MOREHOUSE SCHOOL OF ) MEDICINE, Inc (MSM). Holland and Knight Law firm ) Eric Flenaugh ) Myra E Rose ) Marlin Pruitt ) Cynthia Burnside ) Theresa Rohr-Kirchgraber ) COMPLAINT COMES NOW Khaldoun Khattab , the Plaintiff herein, and files this his Complaint against Defendants , and shows this Court as follows: COMES NOW Plaintiff (Pro Se) , and, pursuant to Federal Rules of Civil Procedure FRCP 37,34 submits this Motion to Compel Discovery, showing this Court as follows 1 This is a civil case regarding defendants Violation of 42 U.S.C. §1981 , §1983§1985 §1986. 2 This civil action includes but is not limited to 1-Violation of equal protection under US Law. 2-Conspiracy to deprive civil rights and CONSPIRACY in violation of section 1983. 3-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. 4-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. 5-RATIFICATION OF WRONGFUL CONDUCT The Defendants, acting with common design, conspired to engage in the aforementioned acts ,conspired to interfere with Plaintiff‟s freedom , employment contract with MSM, with Plaintiff‟s appointments and agreements with MSM, and also conspired to hinder Plaintiff‟s ability to receive equal treatment under US Constitution and Finally interfered with plaintiff communications or relationship with the United States Government. PARTIES, JURISDICTION AND VENUE 3 Plaintiff (Dr Khattab) is a Medical Doctor . Defendant Morehouse claimed under oath that Dr Khattab used to be one of its employees in 2005, an employee employed in a bona fide professional capacity. Defendant Morehouse claimed that Plaintiff is a holder of requisite academic degree for the general practice of medicine and he hold an appropriate degree required for the general practice of his profession in the United States. (See 07CV 196 RWS Northern district of Georgia Defendant -docket 98). Plaintiff is temporarily residing in Damascus County , Syria . 4 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. 5 Defendant Myra Rose is a resident of Fulton County and may be properly served with process at her business address of 720 Westview Drive SW , Atlanta , Fulton County , GA 30310. 6 Defendant Eric Flenaugh is a resident of Fulton County and may be properly served with process at his business address of 720 Westview Drive SW , Atlanta , Fulton County , GA 30310. 7 Ms Cynthia Burnside, may be properly served with process at her business address of One Atlantic Center, Suite 2000 1201 West Peachtree Street, N.E, , Atlanta, , Georgia , 30319. 8 All Defendants in this case reside within this honorable court jurisdiction. 9 This is a civil action over which original, federal question jurisdiction is vested in this Court by virtue of 28 U.S.C. § 1331. 10 This civil action basis of jurisdiction includes both Federal question and Diversity. The venue of this action is proper in this Court pursuant to 28 U.S.C. § 1391(b). This action is brought pursuant to U.S.C. §1981 , §1983§1985 §1986. 11 History of Employment with Morehouse ,MSM In 2004/2005 Plaintiff used to be employed by Defendant Morehouse School of Medicine. In 2005 Defendant terminated plaintiffs employment . 12 Plaintiff Lawsuit against Defendant MSM In 2005 Plaintiff filed an EEOC Charge of Discrimination against Morehouse School of Medicine. In 2006 Plaintiff filed a Lawsuit against Morehouse School of Medicine ,the Said lawsuit was Filed in the Eastern District Court of Michigan In January 2007 , Plaintiff’s Lawsuit was transferred to the Northern District court of Georgia Plaintiffs case is still pending in court MSM (See Case 07CV 196 RWS –Na Georgia) . 13 Plaintiff have a clear evidence of Defendants contradicting statements under oath (Lying –perjury) which should be reviewed by this court at the end of this case Discovery . 14 On May 29,2007 ,Dr. Khattab attended Depositions scheduled for him , accordance with the order of Honorable Judge Richard W Story . The defendant, Morehouse School of Medicine and its attorneys Holland & Knight and insurance company United Educators , acting individually or together, arranged for the Immigration Service, , to send ICE agents to the deposition , to arrest plaintiff in an effort to interrupt justice and deport plaintiff. By effectively having the plaintiff "arrested" at the Deposition, Morehouse School of Medicine avoided answering question put - forth and propounded by the plaintiff. Further, plaintiff'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 . 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 15 Evidence and witnesses confirm that Rohr participated IN PLAINTIFF Immigration Bond hearing ,and that she further requested Deporting plaintiff ,However Rohr should be given the opportunity to deny this fact under oath before or after reviewing plaintiffs evidence. 16 Defendants’ were involved in a conspiracy to interrupt justice and deprive plaintiff from his right to attend his own Immigration Court Bond hearing and to further take his own belongings when he left the United States . 17 Defendants were involved in a conspiracy to interrupt justice and deprive plaintiff from his right to attend his own Court Bond hearing and to further take his own belongings when he left the United States . Defendants plan was to further harm the plaintiff by letting him leave the United States without even taking his own belongings (Clothes ,Book ..etc) 18 Upon information and belief, Defendants in this lawsuit contacted the United States Homeland Security and Georgia stat authority in 2006 and 2007 ,in an effort to arrest plaintiff ,prevent him from physically attending his lawsuit open hearings or any Deposition ,In other wards to prevent plaintiff from participating in his own lawsuit 19 Upon information and belief, Defendants fabricate evidence and were involved in conspiracy theory to prevent plaintiff from attending his own court Bond hearing . Upon information and belief and based on court Files ,Affidavits and Deposition, Defendant participated in plaintiff bond hearing and requested that Immigration Deport plaintiff. 20 The incarceration of Plaintiff (Dr . Khattab) and his inability to pursue his federal lawsuit ,attend Depositions and open court hearings in his case 07CV196 should be considered as a violation of 42 USC 1981,1983, a Civil Rights statute which ensures that persons shall be able to pursue litigation without regard to nationality or alienage. 21 It is Important to not that plaintiff was arrested inside this Honorable Courthouse building during Deposition ,without any written court /Judge order . 22 In May , Jun and July 2007 Plaintiff was unable to attend any Deposition testimony in his lawsuit against Morehouse School of Medicine and his suit against Morehouse was going to fail , Clearly, this was defendants plan . 23 Upon information and or belief ,Defendants are involved in a conspiracy to let plaintiff be arrested and detained under bad conditions , including but not limited to 2 weeks custody in a high security isolation inside Atlanta Detention Center ,for no reason ,although plaintiff was informed that he was arrested for violating immigration Laws. 24 An employee of the United states Homeland Security/USCIS - verbally informed Plaintiff that his Immigration File indicate that he was arrested FROM the Streets NOT a US Court ,Therefore Plaintiff reserve the right to subpoena USACIS-Immigration . Plaintiff Hope that any or all Judge in this court would not accept that the Courthouse building be described as streets, or alternatively Defendants or any US employees misrepresent facts and illegally claim that plaintiff was arrested from Atlanta Streets and NOT from the United States Federal Courthouse building located at 75 Spring Street, S.W. Atlanta, GA 30303-3309. 25 On May 29,2007 ,Plaintiff was verbally informed that Honorable Judge Richard W Story is aware about arresting plaintiff inside the Federal courthouse building and that (His Honor)Judge Story approved the arrest . Honorable Judge Richard W Story has not yet confirmed or denied his owner pre-approval or knowledge about Dependents plan to arrest plaintiff during Deposition on May 29 ,2007. 26 Upon information and or belief ,and based on court Files ,Affidavits and Deposition, Defendant participated in plaintiffs arrest plan and bond hearing in an effort to interrupt his lawsuit against MSM and or deprive plaintiff of his freedom. 27 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. 28 Ms Cynthia Burnside Ms Cynthia Burnside is a partner at Holland and knight law firm. Defendant Morehouse School of Medicine former attorney Mrs Sara Doyle admitted that Attorney from Holland and Knight law firm attended plaintiffs Immigration bond hearing . Defendant Morehouse School of Medicine former attorney Mrs Sara Doyle admitted that Attorney Ms Cynthia Burnside attended plaintiffs’ immigration bond hearing. Upon information and or belief, Ms Cynthia Burnside participated in Morehouse Plan to interrupt justice. Ms Burnside actions , violate the most basic rules of fundamental fairness to an unrepresented opposing party ,not to mention civil statues which prohibit using arrest as a tactic in a civil lawsuit. Upon information and or belief ,Ms Cynthia Burnside is involved in Conspiracy to deprive civil rights and CONSPIRACY in violation of section 1981,1983. In 2007 Mrs Cynthia.Burnside , participated in Morehouse School of Medicine and United Educators risk insurance company decision to use arrest tactics to prevent Deposition testimonies in this case . Ms Burnside further attended plaintiffs immigration bond hearing participated in a horrible effort to arrest plaintiff inside a Federal courthouse building without either a written arrest Notice or any judge signed order (warrant) to arrest plaintiff. Ms Burnside outrageous actions, violated 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 suffered extensive damages on account of the reckless action of defendant Burnside , which include lost property, lost documents, hotel and rental car Fees and incarceration. 29 MANUFACTURE OF FALSE INCULPATORY EVIDENCE Upon information and or belief, and based on Deposition transcript and affidavits ,Defendants participated in the MANUFACTURE OF FALSE INCULPATORY EVIDENCE. The said evidence was created to be used during plaintiffs Immigration court Hearings and his lawsuit against Morehouse(07Cv196). Plaintiff reserves the right to submit the evidence when he File his Motion for Summary Judgment. 30 Morehouse possesses knowledge of its employee‟s discriminatory, retaliatory, harassing, tortious behavior against Dr. khattab and their effort to interrupt justice , and failed to take any steps to correct such conduct or prevent such conduct and thereby ratified its employees acts. 31 Holland and Knight law firm possesses knowledge of its employee‟s discriminatory, retaliatory, harassing, tortious behavior against Dr. khattab and their effort to interrupt justice , and failed to take any steps to correct such conduct or prevent such conduct and thereby ratified its employees acts. 32 Holland and Knight failed to take any steps to correct the conduct of its clients ,Indeed Holland and Knight law firm participated in Interrupting justice and falsifying evidence and creating bad faith affidavits which even contradict Morehouse statement under oath. 33 Upon information and or belief, Eric Flenaugh participated in conspiracy to interrupt plaintiffs lawsuit against Morehouse .He further requested contacting security to arrest plaintiff in 2005,2006 and 2007. 34 Upon information and belief, Eric Flenaugh participated in plaintiffs Immigration bond hearing in an effort to Deport plaintiff ,avoid being Deposed on May 30,2007 and Further to make plaintiff suffer as a result of Filing a lawsuit against Morehouse . 35 Upon information and belief, Eric Flenaugh informed the Immigration Court that plaintiff used to come to Grady Hospital in Atlanta Georgia and walk inside the Hospital (wearing Doctors White coats )After being terminated. 36 Upon information and belief, Eric Flenaugh participated in the MANUFACTURE OF FALSE INCULPATORY EVIDENCE. In 2008 ,Eric Flenaugh committed perjury, he simply made clear contradicting Statements under oath during Deposition and affidavit taken in plaintiff lawsuit against Morehouse .The Said Deposition transcript and Affidavits were submitted to Holland and knight law firm for their lawyers review. 37 Upon information and belief, Myra E Rose ,participated in Morehouse conspiracy plan . Based on Deposition transcripts ,Documents and sworn affidavits , Myra E Rose Intentionally provided contradicting statements under oath and participated in the creating Fabricated evidence . 38 The actions of the Defendants have caused damage to Plaintiff in an amount as yet undetermined but to be proven at trial. The conduct of Defendants was and is willful and in bad faith, and by reason thereof, Plaintiff is entitled to punitive damages against the Defendants, who are jointly and severally liable, to deter similar misconduct in the future, in an amount to be decided at trial, together with its expenses of litigation. 38 WHEREFORE, , Plaintiff respectfully requests judgment in his favor and against Defendants as follows: (1) That Plaintiff receive actual, incidental, and consequential damages in an amount to be proven at trial on the allegations of Plaintiff‟s Complaint; and (2) That Plaintiff receive punitive damages in an amount to be determined at trial on the allegations of Plaintiff‟s Complaint; and (3) That Plaintiff be awarded compensatory damages against Defendant to compensate Plaintiff for his pain, suffering; and (4) That Plaintiff recover damages for illegally deprive him of his freedom ; and (5) That Plaintiff be awarded prejudgment interest; and (6) That Plaintiff receive an award of expenses of litigation (7) That all costs of this action be cast against the Defendant; and (8) That Plaintiff be granted such other, further and different relief as this Court may deem just, equitable and proper. A jury trial is demanded. Respectfully submitted this 27st day of March 2009 Khaldoun Khattab MD, · Plaintiff,( Pro Se –In FORMA PAUPERIS ) · P.O. Box 304 · Damascus · Syria · khattabmd@yahoo.com · 00963-11-3339760 · Certificate of Service · Plaintiff declare that he will submit to the defendant an electronic copy of this document ,and the service will be addressed to