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Morehouse School of Medicine,Mysterious Resideny advisory committe
Khattab Vs Morehouse
07CV196-RWS.
Exhibit
Residency Advisory Committee
Judge Walker ERORS regarding Defendant RAC.
Defendant claimed that plaintiff was terminated by its RAC- Residency advisory committee , in May 2005(See EEOC Position statement page one .Judge Walker refused to let the Defendant Certify under Oath who are Those mysterious RAC committee members .
Myra E 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 2nd Dep Page 81 ).
Judge Walker neglected the fact that the RAC head is Rose and that committee includes Rohr and flenaugh , they were the decision makers in 2005 and judge Walker wrongfully claimed that No RAC decision maker made comments about/against plaintiff. Judge Walker committed a clear eror (See page 22 L6-11),that judge statement contradict what the judge wrote in Page 9 Lines 4-6,L12-16Page 10L1-8).Judge Walker mayhave the legeal power to strike plaintiffs Motions and documents ,However I wonder if calling me Nigger, I will kill you , Salve and Mad White person in a black institution is appropriate by the said Committee members and have nothing to do with my race, nationality ,religion and color. WHY Judge Walker is refusing to identify the who are those RAC Members? and who attended RAC meetings that discussed plaintiffs issued and met plaintiff?
(Judge Waller Refusal is a clear Error and effort to protect Defendant ).,The United States Public will never be damaged by certifying under Oath who are All those mysterious RAC members. RAC Conspiracy /Negligence. The individuals involved in RAC conspiracy are Morehouse Dean Smith , GME Director(Booth), GME Chairman (ELKS) ,Medicine Director (Rose) and James W Reed and Eric Flenaugh. In March 2005 Morehouse started to raise False 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,).“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 ignoring Discrimination complaints , maintaining a hostile working environment , neglecting patient care &Abuse compliments and Finally encouraging Morehouse employees to keep abusing plaintiff .(Judge Walker issued an order to strike Plaintiffs evidence-Documents that clearly proves numerous complaining to the 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 ). 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. Christie (Defendant Residency Manager) identified RAC members . ( Christie Page 10 L21-23 Page 11 L 1-5 ) . she also provided a document about the alleged RAC members . Christie 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 complaints/e-mails. 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 plaintiff When Morehouse decided to terminate Dr Khattab employment ,its employees did Not review Plaintiff documents including the positive/ superior work
evaluations which were available to Morehouse . Reed who advocated/represented the plaintiff in alleged 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 despite the fact that ( 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 , (4) Plaintiff never authorized Reed to represent him ,5-4-Reed wants to fire plaintiff and voted against him (See Section about Former Morehouse president deposition testimony regarding Reed) , (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 clearly indicated 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) Reed previous statements under oath contradict what Rose claimed .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). Flenaugh False allegations /Bad faith affidavit 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 indicated during his deposition that the decision was without voting, and the RAC does not have sort of 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 Flenaugh admitting that 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 ( answer : The residency advisory committee).
(This evidence clarify the credibility of Flenuagh who informed Rose and Yolanda in writing that he is DECEIVING Plaintiff-See Flenuagh May 28 e-mail to Rose –Flenaugh wrote this is an effort to DECEIVE ). On Jun 19 ,2005 Flenuagh asked MSM members to clarify calling security to arrest plaintiff ,Reporting plaintiff to Howard University , Howard should investigate it candidate , you know what he and they are Adult ,(Khattab 0573),
(Fleanugh was plaining to call Grady Hospital and Morehouse security to arrest plaintiff so Dr Khattab can NOT meet Morehouse president Satcher ,can NOT keep going to Grady Hospital human resources to complain against Flenaugh and his corrupted friends . On Tuesday Jun 21,2005 Flenuagh contradicted his Jun 19(Khattab 0573) statements about plaintiff status ,he amazingly asked the residency manager about plaintiff STATUS =(what Is his status , terminated, administrative leave ,what ?is he(plaintiff )going to receive credit for the year ,No credit ..etc ,)It is amazing that the acting program director does Not know plaintiff status although he claimed in his November 2007 affidavit that he attended RAC meetings and received numeric complaints from plaintiff with copies sent to Morehouse president and Dean. In Jun 2007 Flenaugh attended Plaintiffs Immigration bond hearing (Defendant and Flenaugh admitted this fact , See 3rd set requests for admissions,See Fle 1st Deposition). Plaintiff did not attended his own bond hearing ,Fleanugh requested deporting plaintiff and informed the immigration court that plaintiff was walking inside the hospital wearing physicians doctors after being terminated(See Amendment about Civil Rights Deprivation- conspiracy, see docket 183 ). Reed Conspiracy / 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
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 Flenaugh 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 .)
Defendant Failed to appoint RAC members appropriately per its own policy (See response to defendant Genuine fact statement (8) . Plaintiff has established that defendant denied his equal due process and grievance process per Morehouse policy . issues related to breach of contract and bylaw per Georgia state law should be address by this honorable court ..Procedural due process requires the opportunity to be heard -- this requires notice and an opportunity to be heard(Not represented by James W Reed). See Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542 (1985) Denial of substantive due process is illegal (Montford v. Moreno, 2005 WL 1369563, *7 (11th Cir. June 9, 2005).
07CV196-RWS.
Exhibit
Residency Advisory Committee
Judge Walker ERORS regarding Defendant RAC.
Defendant claimed that plaintiff was terminated by its RAC- Residency advisory committee , in May 2005(See EEOC Position statement page one .Judge Walker refused to let the Defendant Certify under Oath who are Those mysterious RAC committee members .
Myra E 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 2nd Dep Page 81 ).
Judge Walker neglected the fact that the RAC head is Rose and that committee includes Rohr and flenaugh , they were the decision makers in 2005 and judge Walker wrongfully claimed that No RAC decision maker made comments about/against plaintiff. Judge Walker committed a clear eror (See page 22 L6-11),that judge statement contradict what the judge wrote in Page 9 Lines 4-6,L12-16Page 10L1-8).Judge Walker mayhave the legeal power to strike plaintiffs Motions and documents ,However I wonder if calling me Nigger, I will kill you , Salve and Mad White person in a black institution is appropriate by the said Committee members and have nothing to do with my race, nationality ,religion and color. WHY Judge Walker is refusing to identify the who are those RAC Members? and who attended RAC meetings that discussed plaintiffs issued and met plaintiff?
(Judge Waller Refusal is a clear Error and effort to protect Defendant ).,The United States Public will never be damaged by certifying under Oath who are All those mysterious RAC members. RAC Conspiracy /Negligence. The individuals involved in RAC conspiracy are Morehouse Dean Smith , GME Director(Booth), GME Chairman (ELKS) ,Medicine Director (Rose) and James W Reed and Eric Flenaugh. In March 2005 Morehouse started to raise False 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,).“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 ignoring Discrimination complaints , maintaining a hostile working environment , neglecting patient care &Abuse compliments and Finally encouraging Morehouse employees to keep abusing plaintiff .(Judge Walker issued an order to strike Plaintiffs evidence-Documents that clearly proves numerous complaining to the 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 ). 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. Christie (Defendant Residency Manager) identified RAC members . ( Christie Page 10 L21-23 Page 11 L 1-5 ) . she also provided a document about the alleged RAC members . Christie 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 complaints/e-mails. 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 plaintiff When Morehouse decided to terminate Dr Khattab employment ,its employees did Not review Plaintiff documents including the positive/ superior work
evaluations which were available to Morehouse . Reed who advocated/represented the plaintiff in alleged 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 despite the fact that ( 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 , (4) Plaintiff never authorized Reed to represent him ,5-4-Reed wants to fire plaintiff and voted against him (See Section about Former Morehouse president deposition testimony regarding Reed) , (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 clearly indicated 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) Reed previous statements under oath contradict what Rose claimed .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). Flenaugh False allegations /Bad faith affidavit 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 indicated during his deposition that the decision was without voting, and the RAC does not have sort of 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 Flenaugh admitting that 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 ( answer : The residency advisory committee).
(This evidence clarify the credibility of Flenuagh who informed Rose and Yolanda in writing that he is DECEIVING Plaintiff-See Flenuagh May 28 e-mail to Rose –Flenaugh wrote this is an effort to DECEIVE ). On Jun 19 ,2005 Flenuagh asked MSM members to clarify calling security to arrest plaintiff ,Reporting plaintiff to Howard University , Howard should investigate it candidate , you know what he and they are Adult ,(Khattab 0573),
(Fleanugh was plaining to call Grady Hospital and Morehouse security to arrest plaintiff so Dr Khattab can NOT meet Morehouse president Satcher ,can NOT keep going to Grady Hospital human resources to complain against Flenaugh and his corrupted friends . On Tuesday Jun 21,2005 Flenuagh contradicted his Jun 19(Khattab 0573) statements about plaintiff status ,he amazingly asked the residency manager about plaintiff STATUS =(what Is his status , terminated, administrative leave ,what ?is he(plaintiff )going to receive credit for the year ,No credit ..etc ,)It is amazing that the acting program director does Not know plaintiff status although he claimed in his November 2007 affidavit that he attended RAC meetings and received numeric complaints from plaintiff with copies sent to Morehouse president and Dean. In Jun 2007 Flenaugh attended Plaintiffs Immigration bond hearing (Defendant and Flenaugh admitted this fact , See 3rd set requests for admissions,See Fle 1st Deposition). Plaintiff did not attended his own bond hearing ,Fleanugh requested deporting plaintiff and informed the immigration court that plaintiff was walking inside the hospital wearing physicians doctors after being terminated(See Amendment about Civil Rights Deprivation- conspiracy, see docket 183 ). Reed Conspiracy / 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
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 Flenaugh 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 .)
Defendant Failed to appoint RAC members appropriately per its own policy (See response to defendant Genuine fact statement (8) . Plaintiff has established that defendant denied his equal due process and grievance process per Morehouse policy . issues related to breach of contract and bylaw per Georgia state law should be address by this honorable court ..Procedural due process requires the opportunity to be heard -- this requires notice and an opportunity to be heard(Not represented by James W Reed). See Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542 (1985) Denial of substantive due process is illegal (Montford v. Moreno, 2005 WL 1369563, *7 (11th Cir. June 9, 2005).
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