Gaballah v. Roudebush, 72 C 1973
| Decision Date | 18 October 1976 |
| Docket Number | No. 72 C 1973,73 C 2681.,72 C 1973 |
| Citation | 421 F. Supp. 475 |
| Parties | Dr. Saeed GABALLAH, Plaintiff, v. Richard ROUDEBUSH et al., Defendants. |
| Court | U.S. District Court — Northern District of Illinois |
Davis, Miner & Barnhill, Chicago, Ill., for plaintiff.
Joseph R. Curcio, Michael D. Stevenson, Asst. U. S. Atty., Chicago, Ill., for defendants.
This is a consolidation of two suits brought to obtain injunctive relief and other redress from an alleged systematic course of discriminatory conduct directed at the plaintiff because of his race, national origin and religion. Jurisdiction of this court is invoked under Title VII of the 1964 Civil Rights Act as amended and 28 U.S.C. § 1331(a). At a non-jury trial, opening evidence, testimonial and documentary, was received; and after plaintiff rested his case, defendants moved for a direct finding in their favor and dismissal of the suits. The motion has been considered; and pursuant to Rules 41(b) and 52(a), Federal Rules of Civil Procedure, it appears that the following are the facts.1
Plaintiff Dr. Saeed Gaballah is a naturalized American citizen born in Egypt. He is a Moslem and has a doctorate in biochemistry from the University of Wisconsin. With one exception, all of the defendants are employees of the federal government. Richard Roudebush is the Administrator of the Veterans Administration who has supervision of all matters within that federal agency. Dr. I. James Young is a physician, holder of a doctorate in philosophy; but is no longer a federal employee. From 1965 to 1972, he was chief of neurology service at Downey Hospital, a Veterans Administration installation near Chicago. Dr. Gilbert Bogen is a physician, and for two years prior to the filing of plaintiff's fourth amended complaint, was chief of staff at Downey. Both Dr. Young and Dr. Bogen are white native Americans. Dr. Jae Ro is a physician, a native of Korea, and at the time of this trial was plaintiff's supervisor at Downey. Dr. Ghonsham Sooknandan is of South American birth whose parents were natives of India. From 1968 to 1973, Dr. Sooknandan was chief of laboratory service at Downey and plaintiff's supervisor. The Downey administration employs, in substantial numbers, persons who are members of various ethnic, racial and religious minorities.
In February 1966, Dr. Young selected the plaintiff to work under his supervision as a Chemist GS-12 and chief of the clinical neurochemistry laboratory in the neurology service of Downey Hospital. At the beginning of this relation, warm friendship existed between the two men. Plaintiff and his wife visited the Young home; the Youngs visited with plaintiff and his wife; in fact, they socialized at the same level of the community in which they worked. While working under Dr. Young, plaintiff was promoted to Grade GS-13. His duties required him to do clinical as well as research work, although it was not specified what percentage of time he was to spend on each. But as time went on, Dr. Young relieved plaintiff of certain clinical responsibilities. Then, between late 1967 and the summer of 1971, he became involved in a series of disputes with Dr. Young concerning the quality and quantity of clinical work he was doing, the amount and type of funds for research, and the assignment of persons who were to be this subordinates.
During the same period, sometime in 1968, plaintiff developed a research proposal which dealt with a related enzyme in the central nervous system which chemists and neurologists call cyclic AMP. Subsequently, he sought its funding and approval. The proposal was approved by Dr. Young, Dr. Raulinaitis, the then Downey chief of staff, and by all responsible Veterans Administration personnel. It was funded for two years with the condition that this would be continued if the project showed satisfactory progress. Later reports concerning the project were always favorable.
In 1970, plaintiff submitted another proposal for funding under local research grants administered at Downey. This time, however, Dr. Young informed him that the proposal was similar to a research project of Dr. Held, a Caucasian woman chemist at Downey. Nevertheless, Dr. Young agreed with plaintiff that he could submit the proposal for evaluation by the Research and Education Committee; and subsequently, it was approved.
Also in 1970, early in the year, Dr. Young formulated a composite program in which all members of the neurology service, including plaintiff, were to do neurology research. It was contemplated that plaintiff would thus receive his entire salary from research funds without having any clinical responsibilities. At about the same time, plaintiff was invited to join Drs. Moira Breen and Alan DeWolfe as a new subcommittee of the Research and Education Committee whose functions were to evaluate on-going and newly proposed research projects, including Dr. Young's composite program and research projects he was conducting with a subordinate chemist, James T. Custod, a white native-born American. In performing these functions, the subcommittee on several occasions refused to approve a number of Dr. Young's reports. After these subcommittee disapprovals, Dr. Young retracted his agreement that plaintiff's second research proposal be submitted to the Research and Education subcommittee. He also removed plaintiff from the composite program and reduced his clinical work.
On June 10, 1970, plaintiff, without claiming that his race, national origin or religion were factors in any way, filed a grievance in which he complained only that Dr. Young's actions were "professional discrimination" that prevented him from submitting a research proposal for funding consideration. When the grievance was considered, the hospital director decided it against the plaintiff. Then, on December 11, 1970, Dr. Young submitted his 1972 budget estimates and recommended against continued funding of plaintiff's research project. A month later, the director of Downey Hospital wrote plaintiff, through channels, telling him that "* * * we are planning to abolish your position on June 30, 1971. The decision to make this change is based on the following:
On January 22 and 28, 1971, plaintiff, in accordance with regulations, requested a hearing and filed a grievance concerning Dr. Young's actions and the decision to abolish his position. In neither communication did he make any claim of discrimination because of race, national origin, or religion. Instead, he complained about discontinuation of his research project without prior notice and denial of an opportunity to relocate his program in another service. The hearing he requested was held on March 2, 1971; and the issues considered were (1) whether plaintiff's research proposal was reviewed and disapproved by the appropriate authority; (2) whether proper procedures were followed in notifying him that his position was going to be abolished. Thereafter, the hearing officer decided that plaintiff's research project was not reviewed by the proper authority and that the required procedures were not followed in notifying him that his position was going to be abolished. This decision was reversed by the hospital director in a letter dated April 26, 1971 in which he gave his reasons and at the same time reviewed and rejected plaintiff's grievance of January 28, 1971.
The reversal was upheld by the Veterans Administration Control Office; on June 4, 1971, plaintiff was informed that his position as a Chemist GS-13 would be abolished effective July 6, 1971. He was told that in lieu of separation from the service he had the opportunity to accept a demotion to Chemist GS-9 in the Research and Aging Laboratory with his GS-13 salary to continue for a period of two years. Plaintiff accepted this offer; but instead of being assigned as he had been notified, he was placed in the Clinical Laboratory Service under Dr. Sooknandan. The clinical neurochemistry laboratory which plaintiff had headed since 1966 was closed, effective June 30, 1971, with all concerned being notified by the hospital director. Plaintiff appealed to the Civil Service Commission which ruled that in abolishing plaintiff's position at Downey and reducing him in grade, there had been "* * * no violation of the reduction in force regulation and no basis exists for a favorable decision." At about the same time, Dr. Young began a series of changes in his relation with Downey; and by the Fall of 1971, he severed his connection with the installation. James T. Custod, the white researcher, remained a GS-12 doing clinical research in chemistry after plaintiff's position was abolished. Then, from late 1972 to the end of 1975, five positional vacancies occurred at the hospital for which plaintiff, some of his associates, and the director of personnel thought he was qualified. But as to three of these, plaintiff was not considered when they were filled. In none of the instances did he file a grievance under applicable administrative regulations, or institute any complaint proceeding in which he claimed denial of any procedural right or that he had been the subject of discrimination because of his race, national origin or religion.
In his memorandum opposing defendants' motion for a direct finding in their favor at the close of his evidence, and for judgment of dismissal, plaintiff argues that between August 1971 when Dr. Young left Downey...
To continue reading
Request your trial
-
Rozier v. Roudebush
...except in his or her official (not individual) capacity. Keeler v. Hills, 408 F.Supp. 386 (N.D., Ga.). See also Gaballah v. Roudebush, 421 F.Supp. 475, 480 n.3 (N.D., Ill.). 1 The practice was approved in Chandler v. Roudebush, 425 U.S. 840, 863 n.39, 96 S.Ct. 1949, 48 L.Ed.2d 2 "It is a fu......