No. 22-444

Nazir Khan v. Presence Chicago Hospitals Network, et al.

Lower Court: Seventh Circuit
Docketed: 2022-11-10
Status: Denied
Type: Paid
Relisted (2)
Tags: 14th-amendment antitrust antitrust-claim civil-rights due-process equal-protection medical-privileges physician-privileges standing subject-matter-jurisdiction
Key Terms:
SocialSecurity DueProcess FourthAmendment Securities JusticiabilityDoctri
Latest Conference: 2023-03-17 (distributed 2 times)
Question Presented (AI Summary)

Whether the hospital can terminate the physician's privileges

Question Presented (OCR Extract)

Questions presented 1. Whether the hospital can terminate the privileges of a physician who is physically and | mentally normal on the basis that he did not cooperate with the cognitive disability testing. Such testing is illegal, unethical, violative of statutory , provision. Termination was based upon fraud with misrepresentation of facts. , 2. Defendants had no federal claims, lacked subject matter jurisdiction. District court should have dismissed their motions as void. 7th circuit appeals court must declare judgment void because appellate court may not address merits of District court, and appeals court took no actions, on the other hand ; . | , | | | made defendants a prevailing party, inflicting cost on plaintiff, whether such actions were proper. | 3. Constitution III injury needs to be redressed by the federal courts. Because of the actions of the | hospital and members of executive committee of terminating petitioner’s privileges, petitioner sustained severe economic loss from injury to medical business, destruction of plaintiffs career. Nether district court nor 7 court of appeals redressed constitution 111 injury, whether their actions were proper, this court to resolve and redress constitution III injury. 4, District court decision and 7‘ circuit appeals court decisions violated petitioner’s 14th amendment due process clause, abridging of property rights and privileges, equal protection in ii | | | | | . violation of the 14 amendment of constitution and 42 USC section 1983, whether their actions were in violation of the constitution this court to resolve. , 5. There is a conflict between the decision of the : Seventh Circuit court and other circuits with : regard to subject matter jurisdiction under rule 28(a), and 28(b), and there is a conflict between supreme court decision and district court’s decision with regard to 28 USC Civil rights act 1991, this ; court to resolve. , 6. Petitioner contends that the district court and , the 77 circuit appeals court did not address the four standards of the human care quality improvement act of 1986. And that resulted in loss : of federal immunity to the hospital chief executive officer ,chief medical officer and members of iti | | | | executive committee. This court should rule that the four standards of human care quality improvement act of 1986 were violate and petitioner’s claim was proper. ; 7. Petitioner provided services to the hospital as independent contractor, and is not covered under the civil rights act of 1964 , The District court’s order in the First Amended complaint that the ; petitioner obtain EEOC letter to sue in federal ; court was an error, since petitioner was not an | employee of the hospital, the Statute only applies to , employees. This court should rule on this error. 8. Petitioner filed claim under antitrust law ; section 4 of the clayton act because of the unlawful termination of privileges, causing significant injury due to monetary loss, injury to the medical iv | | business and destruction of the career of the plaintiff. Plaintiff had standing, the district court and 7‘ circuit court of appeals ignored the claim. , This court to rule on the ignored claim. Vv : | , |

Docket Entries

2023-03-20
Rehearing DENIED.
2023-03-01
DISTRIBUTED for Conference of 3/17/2023.
2023-02-06
2023-01-17
Petition DENIED.
2022-12-28
DISTRIBUTED for Conference of 1/13/2023.
2022-03-14
Petition for a writ of certiorari filed. (Response due December 12, 2022)

Attorneys

Nazir Khan
Nazir Khan — Petitioner
Nazir Khan — Petitioner