Doctor files complaint against Banner Lassen and its CEO
Marshall, serving as his own attorney, filed the lawsuit in U.S. District Court, Eastern District of California on Oct. 12. According to his complaint, he is the only Negro doctor in Lassen County, the only Negro doctor with hospital privileges at Banner.
Marshall also alleges “Banner’s actions were racially motivated due to the numerous racial slurs plaintiff received from Banner.”
Joy, Banner Lassen’s CEO, said she couldn’t comment on pending litigation.
According to Marshall’s complaint, the hospital filed false allegations about him with the Medical Board of California claiming Marshall had violated the Medical Practice Act.
“Investigations into these false complaints failed to substantiate any of these false allegations and fully vindicated plaintiff,” Marshall alleges in his complaint. “The Department of Health and Services of the state of California on Dec. 15, 2003, substantiated plaintiff’s allegations that Banner’s nursing staff were not following plaintiff’s written orders and endangering patient’s lives.”
According to Marshall’s complaint, he and Banner subsequently entered into “a confidential settlement agreement and release of all claims in Case No. CIV-S-04 1054 DFL KIM on April 5, 2007.”
Marshall alleges after the settlement agreement had been reached, “Joy, in the course and scope of her employment by Banner, and in a further attempt to injure plaintiff’s reputation and ability to practice medicine in California, provided false information about plaintiff to Oroville Hospital. In this regard, Joy contacted Oroville Hospital and restated the false allegations Banner filed with the medical board of the state of California in January 2003, in breach of the aforementioned settlement agreement.”
Marshall declined to discuss the settlement agreement with the newspaper.
In a previous lawsuit, Marshall alleged the defendants, including Banner Lassen, violated his constitutional rights under the Fourth and 14th Amendments and the Civil Rights Act of 1964 after Marshall was arrested for driving under the influence in Susanville in May 2003.
The criminal charges against him were dismissed on April 13, 2004, after Lassen County Superior Court Judge Stephen Bradbury ruled a blood draw to determine the amount of alcohol in Marshall’s blood was taken with unreasonable force.
In addition, Marshall alleged the blood sample delivered to the Department of Justice was the wrong blood type. According to his complaint, the DOJ reported the sample did not comply with legal standards since there was no label on the vial.
Marshall alleged his DUI arrest was the product of a conspiracy by the city, the county, the hospital and others.
Marshall demands a jury trial and seeks a judgment for general and special damages in an amount to be proven a trial, attorney’s fees and costs, punitive damages, costs of the suit and further relief as the court may deem proper.
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