Idlibi v. Connecticut Department of Public Health

CourtDistrict Court, D. Connecticut
DecidedMarch 4, 2024
Docket3:23-cv-00353
StatusUnknown

This text of Idlibi v. Connecticut Department of Public Health (Idlibi v. Connecticut Department of Public Health) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Idlibi v. Connecticut Department of Public Health, (D. Conn. 2024).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

AMMAR IDLIBI, Plaintiff,

v. No. 3:23-cv-353 (JAM)

CONNECTICUT DEPARTMENT OF PUBLIC HEALTH et al., Defendants.

ORDER GRANTING MOTION TO DISMISS

Ammar Idlibi is a dentist. He has filed a pro se complaint against the Connecticut Department of Public Health (the “Department”), the Connecticut State Dental Commission (the “Commission”), and five individual defendants: Steven Reiss, Deborah Dodenhof, Anatoliy Ravin, David Tilles, and Olinda Morales. He claims they violated his rights stemming from professional discipline proceedings. Because Idlibi does not allege plausible grounds for relief, I will grant the defendants’ motion to dismiss. BACKGROUND I take the facts as stated in Idlibi’s amended complaint and corresponding exhibits as true for the purposes of this ruling. Idlibi is a Connecticut licensed board-certified pediatric dentist.1 In April 2016, he saw a three-year-old patient for treatment related to cavities.2 Idlibi placed stainless steel crowns on eight of the patient’s teeth.3 The patient’s mother filed a complaint against Idlibi with the Department.4 The Department filed a statement of charges with the Commission, alleging that Idlibi’s license was subject to disciplinary action pursuant to Connecticut General Statute § 20-114(a) for

1 Doc. #26 at 3 (¶ 1). 2 Doc. #26-2 at 3–4 (¶¶ 2, 6). 3 Id. at 3 (¶ 2). 4 Doc. #26 at 4 (¶ 14). failing to meet the standard of care in six ways.5 The Commission appointed Reiss, Dodenhoff, and Ravin as a panel to convene a hearing in January 2018.6 Tilles and Morales, both Department attorneys, participated in the disciplinary proceeding; Tilles prosecuted the charges, and Morales provided the panel with legal counsel.7 During the course of the hearing, the

Department and Idlibi provided argument, presented evidence, and conducted cross- examination.8 The Commission panel drafted a proposed final decision, which the Commission reviewed prior to issuing a memorandum of decision in September 2018, finding that the Department had proven five of the charges.9 The Commission issued a reprimand, placed Idlibi’s license on probation for three years, and ordered him to pay a civil penalty of $10,000, to complete coursework, and to engage a practice supervisor.10 Idlibi appealed the decision to the Connecticut Superior Court.11 After a remand for clarification, the Commission revised its earlier finding to conclude that the Department had proven three of the charges, and then the state court dismissed the appeal.12

In February 2019, while the appeal was pending in state court, the Department filed a statement of charges and moved for summary suspension of Idlibi’s license for failure to comply

5 Doc. #26-2 at 1, 3 (¶ 2). 6 Doc. #26 at 6 (¶ 23); Doc. #31-2 at 4. 7 Doc. #26 at 14 (¶ 70), 22 (¶¶ 123, 126). 8 Doc. #26-2 at 2. 9 Doc. #26 at 6 (¶ 28); Doc. #143.00 at 15–21, Idlibi v. Conn. State Dental Comm’n (Idlibi I), HHB-CV18-5023867- S (Conn. Super. Ct. 2019). 10 Doc. #143.00 at 21–23, Idlibi I, HHB-CV18-5023867-S. 11 Doc. #26 at 7 (¶ 32). 12 Doc. #26-2 at 2–3, 10–13; Doc. #31-2 at 5–6. See Idlibi I, 2020 WL 589574 (Conn. Super. Ct. 2020) (remanding for clarification). with the Commission’s September 2018 order.13 The Commission granted the suspension but ultimately lifted it in April 2019 in response to Idlibi’s motion.14 After holding a hearing, the Commission issued another memorandum of decision in September 2019, finding that Idlibi had failed to comply with its September 2018 order.15 As a

result, the Commission issued a reprimand and ordered the probation period to begin to run from April 2019.16 Idlibi again appealed to the Connecticut Superior Court, which dismissed the petition.17 Following the Commission’s issuance of a final decision, the Connecticut Superior Court issued another decision in 2020 dismissing Idlibi’s appeal. This decision in turn was affirmed by the Connecticut Appellate Court, and the Connecticut Supreme Court denied certification. See Idlibi v. Conn. State Dental Comm’n, 2020 WL 6712454 (Conn. Super. Ct. 2020), aff’d, 212 Conn. App. 501, cert. denied, 345 Conn. 904 (2022). In particular, the Connecticut Appellate Court affirmed the determination that Idlibi had failed to obtain the mother’s consent before installing eight crowns on the teeth of a three-year-

old child, and it affirmed the discipline imposed. See Idlibi, 212 Conn. App. at 524–28. It likewise affirmed the Commission’s determination that Idlibi had failed to chart caries and decalcifications in violation of the standard of care. Id. at 528–30. Idlibi argued to the Connecticut Appellate Court that the proceedings before the Commission had not been fundamentally fair. But the Appellate Court declined to review the claim, because Idlibi failed to preserve any constitutional challenge. Id. at 531. The Appellate

13 Doc. #26 at 7 (¶ 34); Doc. #109.00 at 4, Idlibi v. Conn. State Dental Comm’n (Idlibi II), HHB-CV19-5026330-S (Conn. Super. Ct. 2019). 14 Doc. #109.00 at 4–5, Idlibi II, HHB-CV19-5026330-S. 15 Id. at 5, 11. The panel assembled for this hearing was composed of Reiss, Dodenhoff, and Jeanne Strathearn, who is not named in this suit. Id. at 4. 16 Id. at 11. 17 Doc. #26 at 8 (¶ 36); Doc. #145.00 at 4, Idlibi II, HHB-CV19-5026330-S. Court noted as well that Idlibi had argued “in conclusory fashion that his constitutional right to fundamental fairness was violated” but that “his claim, essentially, is another challenge to the sufficiency of the evidence to support the finding that he deviated from the standard of care” and that he “failed to explain what part of the proceedings allegedly constituted a violation of any

constitutional right,” so that “the claim is inadequately briefed and we decline to review it.” Ibid. On March 21, 2023, Idlibi filed this federal lawsuit against the Department, the Commission, and the five individual defendants in their official and individual capacities.18 His amended complaint includes numerous federal and state law claims. He primarily alleges pursuant to 42 U.S.C. § 1983 that the defendants violated his constitutional rights to due process and equal protection.19 He further alleges that the defendants engaged in a conspiracy to violate his right to equal protection under 42 U.S.C. § 1985(3). In addition, he alleges federal statutory violations of the Age Discrimination in Employment Act (“ADEA”), as well as violations of Titles V, VI, and VII of the Civil Rights Act of 1964. Lastly he alleges several state law claims for malicious prosecution, negligence, recklessness, conspiracy, abuse of process, tortious

interference with business expectancies, fraudulent concealment, and negligent and intentional infliction of emotional distress.20 The defendants have moved to dismiss for lack of jurisdiction under Fed. R. Civ. P. 12(b)(1) and for failure to state a claim under Fed. R. Civ. P. 12(b)(6).21

18 Doc. #1. 19 The amended complaint also cites in passing 42 U.S.C. § 1981, a federal civil rights statute that prohibits racial discrimination in the making and enforcement of private contracts. Doc. #26 at 1. But it fails to allege any contract that the defendants prevented Idlibi from making or enforcing.

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Idlibi v. Connecticut Department of Public Health, Counsel Stack Legal Research, https://law.counselstack.com/opinion/idlibi-v-connecticut-department-of-public-health-ctd-2024.