The Far-Reaching Implications of the Federal Case of a UVa Medical Student


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31 responses to “The Far-Reaching Implications of the Federal Case of a UVa Medical Student”

  1. Nancy Naive Avatar
    Nancy Naive

    Defendants’ Protective Order GRANTED?

    1. James C. Sherlock Avatar
      James C. Sherlock

      Protection against some of the document requests, Nancy. As I wrote, this was a technical order by a Magistrate Judge.

      The case has not been decided by Senior Judge Moon.

    2. Stephen Haner Avatar
      Stephen Haner

      A DISCOVERY protective order. More about emails and phone calls. Without question, if this goes to trial, the case will rise or fall on the plaintiff’s behavior unrelated to this one incident and its follow up. If UVA establishes a pattern, he’s likely to lose.

      The fact that so many requests have been made and denied makes me suspect the case lacks any “smoking gun” evidence that he was targeted for his opinions, and the fishing continues.

      1. Nancy Naive Avatar
        Nancy Naive

        His girlfriend is a smoking gun.

      2. LarrytheG Avatar
        LarrytheG

        re: ” if this goes to trial, the case will rise or fall on the plaintiff’s behavior unrelated to this one incident and its follow up. If UVA establishes a pattern, he’s likely to lose.”

        that’s what I have gotten out of some of the commentary – that this guy scared the bejesus out of folks….

        and Sherlock mentions “Red Flag” which we are starting to understand is really not what some folks think.

        We don’t put restrictions on people based on what they say/threaten – that’s the theory but the reality is it seems pretty rare and the actual process is somewhat inscrutable.

        1. James C. Sherlock Avatar
          James C. Sherlock

          We issue restraining orders based on what โ€œfolks say/threatenโ€ every day, Larry.

          1. LarrytheG Avatar
            LarrytheG

            we do but not for the types of issues we are seeing now Red Flag is a joke it does not stop people from getting guns who clearly should not have been able to.

        2. James C. Sherlock Avatar
          James C. Sherlock

          We issue restraining orders based on what โ€œfolks say/threatenโ€ every day, Larry.

  2. Carter Melton Avatar
    Carter Melton

    As a (retired) hospital CEO for 30 years, I have more than a casual interest in this matter. Where can I get the relevant information for this case. Thanks.

    1. Nancy Naive Avatar
      Nancy Naive

      Here at BR… if you don’t mind the obvious slant.

      Google his last name, “Bhattacharya site:baconsrebellion.com” and all of the articles will appear.

      There are some things to know going in:
      The authors of the related articles are all self-loathing UVa graduates from the 1960s who blame the school for everything wrong in their lives, and, uh, um,… well, there’s only one thing to know, I guess.

      1. Carter Melton Avatar
        Carter Melton

        Thank you

        1. dick dyas Avatar
          dick dyas

          A loose screw

          1. Nancy Naive Avatar
            Nancy Naive

            Funny, the girls say, “slow”

        2. Nancy Naive Avatar
          Nancy Naive

          You are welcome. The tendency toward the Lewis Powell view of education taints the stories.

          My view is that the military does psych-evals before giving some grunt a gun to kill the enemy so the LEAST a medical school should do is the same before giving someone a scalpel and a prescription pad. Dr. Swango, call your office.

    2. James C. Sherlock Avatar
      James C. Sherlock

      The discovery protective order that is referenced here is at the link in the article: https://www.baconsrebellion.com/wp-content/uploads/2022/07/BHATTACHARYA-v.-MURRAY-Civil-Action-No.-319…-20220511a49-Leagle.com_.pdf

      Other than that, you can get the first finding in this case that eliminated most of the original complaints but retained the first amendment compliant at http://www.vawd.uscourts.gov/OPINIONS/MOON/bhattacharyavmurray.pdf

  3. James McCarthy Avatar
    James McCarthy

    Reminds me of the old TV show Naked City where a single case of the 8 million is highlighted. Interesting for one episode. Other than adding to the usual suspect’s (UVa) involvement, what is the “regional, state, and local public policy” that is of concern?

    1. James C. Sherlock Avatar
      James C. Sherlock

      Go away.

      1. James McCarthy Avatar
        James McCarthy

        Did you say ouch? My, my, sensitivity touched when the soap box isnโ€™t high enough.

        1. James C. Sherlock Avatar
          James C. Sherlock

          I think I said moron.

          OK, Judge Moon is a nationally-respected jurist. His reasoning in this case will be referenced in the absolute tsunami of federal free speech cases that will come about new red flag laws.

    2. LarrytheG Avatar
      LarrytheG

      It’s what they do here in BR. They find a “case” then it becomes the central issue….. ๐Ÿ˜‰

      1. James McCarthy Avatar
        James McCarthy

        Ainโ€™t got a clue what the issue is other than UVA.

        1. James C. Sherlock Avatar
          James C. Sherlock

          A protected constitutional right of the individual vs. the rights of a state institution to protect the safety of its faculty and preserve the integrity of the medical profession is the issue.

          Pretty much the same issue with a different defendant that will be in play for all federal cases that will be brought by citizens who think they were railroaded under red flag laws.

          I know thatโ€™s small ball to a legal giant such as yourself, but we try to muddle through here in Virginia.

  4. Stephen Haner Avatar
    Stephen Haner

    Thanks for sharing. Did read the background section. Change some of the names into Cyrillic letters and the story would be even more familiar. The ideological ancestors of these folks tried to destroy Patch Adams, after all, and his only sin was he was funny. Tell me again why all you folks are so determined to continue your love for that school?

    Unfortunately, I’d say the student fell into a trap, let the insanity get to him and pushed back when he should have just dropped it and bowed to the winds. He gave his enemies what they needed to hang him. Again, the Patch Adams story: Conformity is King.

    1. James C. Sherlock Avatar
      James C. Sherlock

      As I wrote, this is a very tough case. The bulk of evidence is not available to the general public, but rather to the judge.

      Glad Judge Moon is on the bench, but it wonโ€™t matter to whichever of the warring political tribes feels he is wrong. Most wonโ€™t read the decision, they will just read about it in their tribal news outlets.

      Cue the outrage, regardless of the decision.

    2. Nancy Naive Avatar
      Nancy Naive

      Because W&M hasn’t a medical school? And EVMS instituted a “black face” prohibition.

      I don’t think the insanity “got to him”. I suspect he brought it with him. See Auora Theatre suspect.

      1. James C. Sherlock Avatar
        James C. Sherlock

        Thanks, Judge.

        1. Stephen Haner Avatar
          Stephen Haner

          Hence the coming trial.

        2. Nancy Naive Avatar
          Nancy Naive

          As Mama used to say, “Wish in one hand, spit in the other, and see which fills first.” Or, maybe it was what she said about wagons and dead horses?

          1. WayneS Avatar

            My Dad says something very similar, except he uses a different word that rhymes with spit…

          2. Nancy Naive Avatar
            Nancy Naive

            Me Mum were a lady

        3. Nancy Naive Avatar
          Nancy Naive

          As Mama used to say, “Wish in one hand, spit in the other, and see which fills first.” Or, maybe it was what she said about wagons and dead horses?

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