· 2/15/2005
Paul Fenje, M.D. v. James Feld, M.D., in His Official Capacity and in His Individual Capacity
Citations
- 398 F.3d 620
- 22 I.E.R. Cas. (BNA) 641
- 2005 U.S. App. LEXIS 2527
- 86 Empl. Prac. Dec. (CCH) 41,876
- 2005 WL 352430
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- requiring plaintiff plead an obvious pattern of deliberate, official harassment driven by “malice, vindictiveness, or malignant animosity”
- describing disciplinary dismissals as “being more objective in nature and not dependent upon the analytical expertise of professional academicians”
- acting “‘out of sheer malice,’ ‘vindictiveness,’ or ‘malignant animosity’ would state a claim for relief under the Equal Protection Clause” (quoting Esmail, 53 F.3d at 178–79)
- student dismissed from anesthesiology residency program for failing to disclose prior program dismissal after being “given the opportunity to respond and state his position”
- decision was “careful and deliberate” with use of a post-termination hearing
- “although a deposition transcript should be certified by the court reporter, objecting that the certification is missing is inappropriate and merely obstructive when the objecting party has no basis for believing the transcript is inauthentic or inaccurate.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffey, Williams, Sykes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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