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    Friday, March 22, 2019-4:45:12A.M.

     

     

     

     

     

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Doctor appeals dismissal of his lawsuit against CHCC

A FORMER physician at the Commonwealth Healthcare Corp. is appealing the federal court’s dismissal of his lawsuit against the hospital.

 Dr. Gary Ramsey, through attorney Stephen C. Woodruff, is filing an appeal with the Ninth Circuit Court of Appeals, seeking a review of the district court’s dismissal of his lawsuit alleging  he was wrongfully denied privileges at the hospital.

In granting the CNMI government’s motion to dismiss, designated Judge Frances M. Tydingco-Gatewood said Ramsey had failed to allege any due process violations.

The federal court issued the decision in December.

The judge granted the defendants’ motion to dismiss with prejudice as to the federal-law claims, but declined to exercise jurisdiction over the remaining Commonwealth-law claims, and granted the motions to dismiss those claims without prejudice.

Named defendants in the lawsuit were  the CNMI government, CHCC, CHCC Chief Executive Officer Esther Muna, and various hospital officials.

 Ramsey sought declaratory and injunctive relief, alleging unlawful deprivation of property without due process of law; two claims of damages; unlawful deprivation of property without due process of law; and a claim of damages for unlawful deprivation of liberty and property without due process of law.

 He also claimed violations of the U.S. and CNMI Constitutions.

 Moreover, he sued for breach of contract, tortuous interference with contract, breach of covenant of good faith and fair dealing, and intentional infliction of emotional distress

 On May 29, 2015, the federal court dismissed the CNMI government and CHCC from four claims in Ramsey’s lawsuit.

 On Feb. 28, 2017, the Ninth Circuit reversed the district court’s denial of a motion to dismiss filed by CHCC  and the CNMI government. The Ninth Circuit said the CNMI government may not be sued in federal court without the Commonwealth’s consent on claims arising under its own laws.

In April 2018, Judge Tydingco-Gatewood allowed Woodruff to resume his representation of Ramsey, modifying a discipline order against the lawyer who was suspended to practice in the district court for a year.