United States District Court, N.D. Texas, Dallas Division
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
HARRIS TOLIVER STATES MAGISTRATE JUDGE.
to 28 U.S.C. § 636(b) and Special Order 3, this
civil action was referred to the United States magistrate
judge for case management. The Court granted Plaintiff Jason
Simmons' motion to proceed in forma pauperis but
did not issue process pending judicial screening. Upon review
of the relevant pleadings and applicable law, Simmons'
case should be summarily DISMISSED WITH
PREJUDICE as frivolous and malicious.
March 5, 2019, Simmons, a New York state resident, filed
a pro se Original Complaint in the United States
District Court for the Eastern District of New York against
unidentified individuals employed by or affiliated with the
Texas Medical Board (“TMB”), specifically, John
Doe TMB's members, investigators, panel experts, and
executive committee members-all sued in their individual
capacities. Doc. 1 at 1. The case was subsequently
transferred to this Court based on venue. Doc. 6.
claims stem from his former employment as an internal
medicine resident at the Methodist Hospitals of Dallas
(Methodist) from 2007 through 2010. Following a disciplinary
hearing in May 2010, Methodist suspended Simmons'
hospital privileges and, in June 2010, TMB commenced its own
administrative actions against Simmons. A month later,
Methodist fired Simmons.
then hired attorney Ray Jackson to sue Methodist and
represent him before the TMB. Id. This Court granted
summary judgment against him in his employment discrimination
lawsuit. Simmons v. Methodist Hospital, No.
3:11-cv-17-B, 2012 WL 1447970, *1 (N.D. Tex. Apr. 26, 2012)
(Boyle, J.) (holding Plaintiff failed to plead a prima facie
case of discrimination under Title VII and to respond to
Defendant's legitimate, nondiscriminatory reasons for the
adverse employment actions against him). Jackson withdrew
from representing Simmons before the TMB in October 2012 and
Simmons then hired attorney Oscar San Miguel, who represented
Simmons before the TMB until June 2013, when the TMB issued
its Final Order against Simmons.
November 1, 2013, the TMB initiated a second proceeding
against Simmons for violation of its Final Order. In April
2014, the TMB also began proceedings before the Texas State
Office of Administrative Hearings (SOAH) and Simmons
represented himself before the TMB and in the SOAH
proceedings. The SOAH proceedings, however, were dismissed by
the TMB staff on July 21, 2014, after Simmons allowed his
medical license to expire.
August 18, 2014, Simmons filed a pro se lawsuit in
this Court against Methodist, asserting a Title VII
retaliation claim and state law claims for defamation, fraud,
negligence and intentional interference with prospective
contract, and breach of contract, all arising from the same
events underlying the first suit. See Simmons v.
Methodist Hosps. of Dallas, No. 3:14-CV-2958-B (N.D.
Tex.). The Court concluded that the claims were time barred.
See Simmons v. Methodist Hosps. of Dallas,
106 F.Supp.3d 799, 801 (N.D. Tex. 2015) (Boyle, J.),
aff'd, 632 Fed.Appx. 784 (5th Cir. 2015) (per
curiam) (affirming statute-of-limitations dismissal and
denial of equitably tolling).
15, 2015, Simmons, proceeding pro se, filed yet
another action against Methodist, also naming as defendants
the TMB, Jackson, San Miguel, Simon Whiting, and Barbara
Jordan. After permitting Simmons to file four amended
complaints, the Court dismissed all claims against Methodist
with prejudice and against the TMB without prejudice for lack
of jurisdiction. Simmons v. Jackson, No.
3:15-CV-1700-D, 2017 WL 3051484, at *9 (N.D. Tex. July 19,
2017) (Fitzwater, J.). While Simmons' claims against the
individual defendants remained pending, Simmons filed a new
pro se lawsuit in the United States District Court
for the Western District of Texas against Jordan, members of
the TMB's Executive Committee and the Disciplinary
Process Review Committee, and General Counsel, asserting
fraud and violations of 42 U.S.C. §§1983 and 1985
and the Racketeer Influenced and Corrupt Organizations Act
(RICO). Simmons v. Texas Medical Board, et al., No.
1:17-CV-794-SS (W.D. Tex., Austin Div. filed Aug. 16, 2017).
After Simmons was granted two opportunities to amend, the
case was dismissed on January 30, 2018. Id., at ECF
Dkt. # 46 (order dismissing claims as time barred, based on
defendants' absolute and qualified immunity, and for
failure to state a claim).
Court subsequently dismissed Simmons' remaining claims
against the individual defendants in the Northern District
for failure to state a claim. Simmons v. Jackson,
No. 3:15-CV-1700-S-BT, 2018 WL 4574975, at *1 (N.D. Tex.
Sept. 6, 2018), R. & R. accepted, 2018 WL
4568802 (N.D. Tex. Sept. 24, 2018) (dismissing RICO and civil
conspiracy claims against Jackson for failure to state a
claim); Id., 2019 WL 360636, at *1 (N.D. Tex. Jan.
4, 2019), R. & R accepted, 2019 WL
358751 (N.D. Tex. Jan. 29, 2019) (same as to San Miguel);
Id., 2018 WL 7021485, at *1 (N.D. Tex. Dec. 21,
2018), R & R accepted, 2019 WL 186654 (N.D. Tex.
Jan. 14, 2019) (same as to Jordan).
Simmons filed the instant lawsuit, his fifth civil action in
his on-going legal battle with the TMB. In his 97-page
Original Complaint, Simmons asserts unidentified
individuals either employed by or affiliated with the TMB
made false statements to the New York State Department of
Health to encourage an investigation and deprive him of his
New York medical license violating his civil rights. Doc. 1
at 2-3, 5. In addition to claims of state law fraud and
defamation, Simmons alleges that the unidentified Defendants:
(1) conspired to initiate sham board proceedings against him,
in violation of 42 U.S.C. § 1983; (2) discriminated
against him, in violation of 42 U.S.C. § 1985; (3)
deprived him of “due process and liberty interests
based on the false accusations that he committed a crime in
his profession, ” in violation of Section 1983; and (4)
“deprive[d] him of his ability to make business
contracts across the United States, ” in violation 42
U.S.C. § 1981. Doc. 1 at 29-93. He seeks monetary
relief. Doc. 1 at 94-96.
Plaintiff alleges The Methodist Hospital of Dallas; Attorney,
Simon D. Whiting; Attorney, Ray Jackson; Attorney, Oscar San
Miguel; Attorney, Barbara Jordan; John Doe #1; John Doe #2;
John Doe #3 and John Doe #4 of the Texas Medical Board's
Investigations Department; John Doe(s) of the Expert Panel;
the Texas Medical Board's Disciplinary Process Review
Committee and; the Texas Medical Board's Executive
Committee agreed to act in concert to initiate a series of
sham board proceedings against the plaintiff; charge
plaintiff with felonies; deprive plaintiff of business
opportunities to contract; injure his professional
reputation; deprive him of the ability to live and practice
his profession across the country without the unjustified
label of infamy; sanction and revoke his medical licenses;
deny him due process; deny him the right to give evidence for
his legal proceedings; exto1i money from the plaintiff; place
a burden on plaintiffs right to have a subpoena issue for his
disciplinary hearing; avoid legal duties owed the plaintiff;
conceal information about plaintiffs legal proceedings, delay
plaintiffs legal proceedings to expend the statute of
limitations for his claims and; obstruct plaintiffs legal
proceedings. Sherif Zaafran, M.D., President, George
Willeford III, M.D., Vice-President Paulette Southard,
Secretary/Treasurer Margaret McNeese, M.D. and, Timothy Webb,
J.D. are collectively refe1Ted to as The Texas Medical
Board's EXECUTIVE COMMITTEE. Margaret McNeese, M.D.
Chair; Julie Attebury; Stanley S. Wang, M.D. J.D. George
Willeford III, M.D. and; Sherif Z. Zaafran, ...