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Skoly v. McKee

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.

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.

Dr. Stephen Skoly, Plaintiff

Jenin Younes
Litigation Counsel
Casey Norman
Litigation Counsel
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

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

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