Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.