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EINAUGLER v. DOWLING

Nos. 94 CV 2484 (ERK), 94 CV 2737 (ERK).

862 F.Supp. 793 (1994)

Gerald EINAUGLER, M.D., Plaintiff, v. Michael J. DOWLING, Commissioner, New York State Department of Social Services, James P. White, Director, Bureau of Program Integrity, Office of Quality Assurance and Audit, New York State Department of Social Services, Donna Shalala, Secretary of the United States Department of Health and Human Services, Linda Little, Regional Inspector General, United States Department of Health and Human Services, and Bruno Varano, Assistant Regional Inspector General, United States Department of Health and Human Services, Defendants. Gerald EINAUGLER, M.D., Petitioner, v. Edward J. KURIANSKY, Special Prosecutor for Medicaid Control of the State of New York, Oliver Koppell, Attorney General of the State of New York, Michael J. Dowling, Commissioner, New York State Department of Social Services, and James P. White, Director, Bureau of Program Integrity, New York State Department of Social Services, Respondents.

United States District Court, E.D. New York.

August 20, 1994.

Attorney(s) appearing for the Case

James D. Harmon, Jr., New York City, for plaintiff.

Donald H. Zuckerman, New York City, for defendant Kuriansky.

Zachary Carter, U.S. Atty., E.D.N.Y. by Richard Molot, Asst. U.S. Atty., Brooklyn, NY, for Federal defendants.

Gerald Slotnik, New York City, for defendants Koppell, Dowling & White.

KORMAN, District Judge.

On June 4, 1993, after a jury trial in the New York State Supreme Court, Kings County, Dr. Gerald Einaugler was found guilty of reckless endangerment in the second degree, N.Y.Penal Law § 120.20 (McKinney 1987), and wilful violation of the public health laws, N.Y.Pub.Health Law § 12-b(2) (McKinney 1990), in a prosecution alleging patient neglect. On July 22, 1993, Einaugler was sentenced on each count to 52 consecutive weekends of...

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