Excerpt from Sonoran News reporting on Taitz Case
Posted on | July 15, 2015 | 1 Comment
Hanen issued a memorandum and opinion in another case brought by Dr. Orly Taitz (r), a Southern California dentist and lawyer, who asserted in her complaint she had developed a persistent cough after treating illegal aliens in her office, as part of government program, shortly after the Obama administration transported tens of thousands of illegal aliens apprehended in Texas to cities across the country, including cities in California.
Last year, Taitz filed an emergency application for stay/injunction seeking to halt the Deferred Action for Childhood Arrivals (DACA); to halt any transportation of illegal aliens from the Southern District of Texas to elsewhere in the country due to alleged health, national security, crime and economic threats; either an immediate deportation of all detained illegal aliens or require two months quarantine to prevent the spread of alleged infectious diseases; and an emergency stay to halt the release of illegal aliens that don’t meet certain medical, criminal and judicial/ immigration screening requirements.
While Hanen denied Taitz’s requests for a temporary restraining order and other emergency relief requested, he did allow her to amend her complaint.
Taitz subsequently filed a supplemental motion for declaratory relief, stay and injunctive relief due to new relevant facts and a notice of new facts, in which she claimed the government is intentionally releasing individuals with drug-resistant tuberculosis (TB) from DHS custody, and other briefs.”
“Taitz claimed she has sought records from the government pertinent to the recent influx of illegal aliens transported to
California from Texas, so she could attempt to connect the dots to patients she treated who could be carrying infectious diseases.
However, she stated the government has not complied with her records request.”
“Hanen wrote, “Certainly, if the government is purposefully exposing the population of the United States to a drug-resistant strain of TB, any civil sanctions likely to be issued by this court would be the least of the government’s problems.”
For the same reasons the court refused to deny Taitz standing on her past and present health-related injuries, Hanen stated the court could also not conclude she lacks standing to seek injunctive relief for the alleged threat of further injury.
He stated, “If what she alleges is true, she is needlessly being put at risk by the government.”
Because she has been unable to obtain records to present proof of any casual connection between the government’s actions and her health-related injury, Hanen said the court cannot yet determine whether the threat to Taitz is sufficiently real and immediate or purely speculative, unless she has the opportunity to at least attempt to connect the dots.
Hanen issued a companion order, which dismissed all of Taitz’s claims “except for those requesting equitable relief that relate to injuries she allegedly suffers and those that she allegedly will suffer in the future due to the conduct of defendants.”
“Hanen ordered the government to provide Taitz with all medical records in its possession, including any document that in any way describes the illegal alien’s physical condition, concerning each immigrant Taitz has treated during the specified time period, and include medical records for three months preceding the date of Taitz’s treatment through three months after treatment.
He gave the government until Sept. 11, 2015 to provide those records to Taitz.
Hanen also ordered all parties to keep the medical records confidential and not to disclose them to anyone other than lawyers, their support staff and their experts, if any, involved in the case.
He ordered any court filings containing any record or information gleaned from those medical records to be filed under seal.”
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July 16th, 2015 @ 6:02 am
You’re Hot Orly, Go get’em Girl.