NCLA Site Search

Cases

Skoly v. McKee

Back to Case Finder

CASE: Dr. Stephen Skoly, Jr. v. Daniel McKee, Gov. of Rhode Island, and James McDonald, Interim Dir. of RIDOH

STATUS: Closed

NCLA ROLE: Counsel

COURTS HEARD IN: D. R.I.

ORIGINAL COURT: U.S. District Court for the District of Rhode Island

DECIDING COURT: U.S. District Court for the District of Rhode Island

OPENED: February 4, 2022

AGENCIES: Rhode Island Department of Health

FOCUS AREAS:

Due Process Violations

The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

CASE SUMMARY

Arbitrary and irrational government mandates responding to the COVID-19 pandemic deprived millions of patients across the country of much-needed medical care. The State of Rhode Island provides a particularly acute example of such devastating unintended consequences. The Rhode Island Department of Health (RIDOH) shut down an oral surgery practice that was taking care of over 800 patients per month, plus state psychiatric hospital patients and state prison inmates. By excluding health care providers with natural immunity from practicing, the State created an artificial hospital staffing shortage. To cope with that problem of its own making, RIDOH allowed health care providers with active Covid infections to treat patients instead.

NCLA filed a lawsuit against Rhode Island Governor Daniel McKee and Dr. James McDonald, the Interim Director of RIDOH, in their official capacities. The suit, filed on behalf of Dr. Stephen Skoly, Jr., the oral and maxillofacial surgeon whose practice the State shut down, challenged the State’s arbitrary and irrational policies as violations of the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

There are few practicing oral and maxillofacial surgeons in Rhode Island with the skills and experience of Dr. Skoly. In fact, there is a critical shortage of dental surgeons for the State’s 1.1 million people. Nonetheless, the State arbitrarily and unlawfully ended Dr. Skoly’s distinguished surgical practice, shuttered his medical facility, and left Dr. Skoly’s staff of ten unemployed.

OUR CLIENT

Dr. Stephen Skoly, Plaintiff

OUR TEAM

Jenin Younes
Litigation Counsel
Casey Norman
Litigation Counsel

RELEVANT MATERIALS

NCLA FILINGS

Plaintiff’s Response to Defendants’ Motion to Dismiss

January 30, 2023 | Read More

Third Amended Complaint in the United States District Court for the District of Rhode Island

August 18, 2022 | Read More

Motion to Amend the Complaint in the United States District Court for the District of Rhode Island

August 18, 2022 | Read More

Second Amended Verified Complaint for Declaratory and Injunctive, and Other Relief

April 26, 2022 | Read More

Motion to Amend Verified Complaint

April 26, 2022 | Read More

SEE 9 FILINGS
PRESS RELEASES

Rhode Island Oral Surgeon Continues Battling Government Retaliation over Opposing Vaccine Mandate

January 30, 2023 | Read More

Oral Surgeon Renews Suit Against Rhode Island Covid-19 Vaccine Mandate, as CDC Eases Guidelines

August 19, 2022

WATCH: Rhode Island Doctor Returns to Practice After NCLA Challenges Covid-19 Order

May 2, 2022

NCLA Backs RI Oral Surgeon with Natural Immunity in Suit Against Officials Who Shut His Practice

February 4, 2022

CASE HIGHLIGHTS

RELATED CASES
  • Adir International v. Starr Indemnity and Liability Company

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Case Closed -

    Agencies: California

    View Case
  • American Home Furnishings Alliance, et al. v. U.S. Consumer Product Safety Commission

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Case Closed - June 30, 2023

    Agencies: Consumer Product Safety Commission

    View Case
  • American Honda Motor Co., Inc. v. Walther, Dir., and Arkansas Department of Finance and Administration

    Judicial Deference

    Deference doctrines require judges to defer to an administrative agency’s fact finding, or its interpretation of statutes and regulations. Thus, judges surrender their independent judgment and, where the government is a party, must exhibit systematic bias in the government’s favor, which denies due process of law to the other litigant.

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Case Closed -

    Agencies: Arkansas Department of Finance and Administration

    View Case
  • American Hospital Association, et al. v. Xavier Becerra, et al.

    Judicial Deference

    Deference doctrines require judges to defer to an administrative agency’s fact finding, or its interpretation of statutes and regulations. Thus, judges surrender their independent judgment and, where the government is a party, must exhibit systematic bias in the government’s favor, which denies due process of law to the other litigant.

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Case Closed - June 15, 2022

    Agencies: Department of Health and Human Services

    View Case
  • American Securities Association and Citadel Securities LLC v. United States Securities and Exchange Commission

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Unreasonable Searches

    The Fourth Amendment forbids warrantless searches and seizures of information, yet the Administrative State violates this right to privacy through administrative subpoenas and warrants, automated information collection devices, civil investigative demands, and “voluntary” requests for information.

    Conditions on Spending

    Administrative agencies use unconstitutional conditions on spending to regulate the conduct of grantees. Rather than rule through law, the government simply purchases submission.

    Case Active - February 15, 2024

    Agencies: Securities and Exchange Commission

    View Case
  • AMG Capital Management, LLC v. FTC and FTC v. Credit Bureau Center, LLC

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Case Closed -

    Agencies: Federal Trade Commission

    View Case

SHARE THIS CASE

Enter your email address above to be notified whenever we post a new document to this case.

In NCLA Relentless Case, Supreme Court Overturns Chevron DeferencePress Release >>
+