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Aslani v. Sparrow Health Systems

April 9, 2010

DAVID ASLANI, PLAINTIFF,
v.
SPARROW HEALTH SYSTEMS, KEN HAMKAMD, INDIVIDUALLY AND AS SECURITY OFFICER OF SPARROW HEALTH SYSTEM, DENNIS SWAN, INDIVIDUALLY AND AS ADMINISTRATOR IN CHARGE OF SPARROW HEALTH SYSTEM, RICHARD LIEBELT, INDIVIDUALLY AND AS REGISTERED NURSE OF SPARROW HEALTH SYSTEM, RACHEL LATUNSKI, INDIVIDUALLY AND AS REGISTERED NURSE OF SPARROW HEALTH SYSTEM, KARL ENGLER, INDIVIDUALLY AND AS REGISTERED NURSE OF SPARROW HEALTH SYSTEM, DR. STEVEN OWENS, INDIVIDUALLY AND AS PHYSICIAN OF SPARROW HEALTH SYSTEM,*FN1 GREYHOUND BUS LINES, INC., CAPITAL AREA TRANSPORTATION AUTHORITY, JOSEPH M. BECKER, INDIVIDUALLY & AS SECURITY OFFICER FOR THE CAPITAL AREA TRANSPORTATION AUTHORITY IN MICH., MATTHEW FOWLER, INDIVIDUALLY & AS SECURITY OFFICER FOR THE CAPITAL AREA TRANSPORTATION AUTHORITY IN MICH., AND CITY OF LANSING, DEFENDANTS.



The opinion of the court was delivered by: Honorable Paul L. Maloney Chief United States District Judge

Chief Judge Paul L. Maloney

Magistrate Judge Ellen Carmody

ORDER

Directing Plaintiff to Provide Medical Evidence to Support Request for Medical Stay of Case Plaintiff David Aslani brings this federal civil-rights action claiming that he was subjected to discriminatory and abusive behavior by employees of defendants Greyhound Bus Lines, Inc.

("Greyhound"), Capital Area Transportation Authority ("CATA"), and Sparrow Health Systems, Inc.

("Sparrow"). Aslani's amended complaint asserted nine claims four of which have survived dispositive motions thus far. On March 3, 2010, Aslani filed a motion to stay all proceedings in this case due to his medical issues. Aslani states as follows, in pertinent part,

3. [T]he plaintiff has been in serious ill-health condition, and since the commencement of these proceedings in this Court, his ill-health has considerably deteriorated; in f act, last year it was medically determined by Dr. Lawrence Konst that he had suffered from a stroke.

4. That ever since the occurrence of the infamous incident, the Plaintiff has been in such a sorry state of ill health by experiencing relentless pain and suffering that he would not have been able to function at all had it not been for the vigilant attendant care that his spouse had rendered to him around the clock as to his need for continued medical and therapeutic treatments, among others.

5. [T]he Plaintiff has been suffering from entrenched post-traumatic stress disorder and a chronic case of high blood pressure, that under undue pressure and severe pain gets elevated to very dangerously life-threatening levels, which result in thrombosis and/or heart attack and/or cause renal failure, among the failure of his other organs.

7. [T]he Plaintiff due to his highly pressing ill-health condition had already been admitted to a hospital since Saturday, February 20, 2010, under the professional demand of medical experts in their field, as the Plaintiff has been suffering from debilitating back pain and an excruciating knee injury, both of which are in urgent need of surgical operations. Such surgeries will require prolonged rehabilitation, including physical therapy and pain management. At the moment the plaintiff is suffering from such excruciating pain that he has to be treated with increasing dosages of morphine, and thereby he is not permitted medically to leave the hospital until the said injuries are subject to surgical operations.

8. [A]ccording to Dr. Glenn J. Minster, who is an outstanding orthopedic surgeon and who will perform back surgery on the Plaintiff, the surgical operation, itself, will take anywhere from 5 to 8 hours and the recuperation with necessary therapeutic treatments and the like will take seven to eight months, barring any unexpected complications in the course of surgery or thereafter.

9. Plaintiff's said acute back injuries have been caused as the result of severe aggravation of his prior back injury. However, his acute knee injury with chronic pain has been the direct result of [misconduct by defendants].

10. [S]urgical operation . . . will take place in the first week in March after all the conditions . . . particularly his high blood pressure level, have been stabilized . . . * * *

11. That the Plaintiff also has sustained an injury to his left knee causing him suffering due to the brutal treatment . . . that will require ...


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