Dr. Head’s law suit moved from state to federal court
A law suit filed in filed by David Head, M.D. versus Norton Sound Health Corp., NSHC’s former board chairman Jacob and CEO Angie Gorn has been closed in state Second District Superior Court and reopened and refiled in United States Federal Court.
Dr. Head’s case alleges tort —damage or loss— claims against the three defendants stemming from Dr. Head’s demotion and contract termination or nonrenewal as medical director and staff physician in an employment dispute. Concerning damage to reputation, improper firing, loss of income, for example, the suit asks the court to decide on monetary relief on damages the case says will be proved in court.
A notice filed in state court says that because NSHC is a federal agency under federal jurisdiction and Gorn and Ivanoff are employees, that Head’s case is properly filed against United States of America.
The notice filed in state court in Nome, where the case was filed March 19, gives the following basis for the change in “legalese”:
“The U.S. Attorney for District of Alaska, Brian Schroder, has certified with respect to the [certain] causes for action in the complaint all defendants are deemed to be employees of the federal government for purposes of the Federal Tort Claims Act (federal law). Further, U.S. Attorney Schroder found that, with respect to [certain] causes in the complaint, all defendants listed above were acting within the scope of their federal employment for purposes of certification and removal under [federal laws],” the April 12 notice said.
“Thus, Plaintiff 1st and 2nd causes of action in the complaint against all defendants is deemed to be an action against the United States under [federal law],” the notice continued.
The only remedy in the case would by law belong exclusively to the federal court, the notice says.
Defendants named in the suit have not filed a response to allegations according to available court records.