Ex-Rutgers Surgeon Claims Restroom-Spying Charge Is Payback for Whistleblower Activity
A former surgeon at the Rutgers Cancer Institute of New Jersey, who quit after authorities charged him with hiding a camera in a women's restroom at the institute, is claiming in a civil suit that Rutgers conspired with lawyers from a New Jersey law firm and others to falsely accuse him.
March 28, 2019 at 04:20 PM
5 minute read
A former surgeon at the Rutgers Cancer Institute of New Jersey, who quit after authorities charged him with hiding a camera in a women's restroom at the institute, is claiming in a civil suit that Rutgers conspired with lawyers from a New Jersey law firm and others to falsely accuse him.
James Goydos, 58, formerly a professor of surgery and director of the institute's melanoma and soft-tissue oncology program, claims in the suit that he became the subject of an investigation and criminal prosecution because he complained about fraud in the administration of grant programs and about a shift away from research toward a clinical business model for the institute.
Goydos has been charged in a 160-count indictment with official misconduct, burglary, computer theft, invasion of privacy and possession of an assault weapon, the Middlesex County Prosecutor's Office announced Feb. 27. Authorities say he secretly photographed 26 women while they were using the restroom, and that he entered the offices of four colleagues at the cancer institute to steal information from their computers in order to obtain benefits for himself.
On Wednesday, Goydos filed a suit in federal court in Trenton against Rutgers, the Cancer Institute of New Jersey and RWJ Barnabas Health, as well as two physicians at the institute, Steven Libutti and Brian Strom. His suit also names as defendants the law firm representing Rutgers, Saiber of Florham Park, and two attorneys from the firm, William Maderer and DanaLynn Colao.
A Rutgers senior vice president, Peter McDonough, said in a statement, “Rutgers doesn't comment on pending litigation, though we will certainly defend ourselves against these claims. With respect to the criminal charges pending against Dr. Goydos, we can only say we immediately referred the matter to the Middlesex County Prosecutor's Office and cooperated fully with their investigation leading to the indictments. We applaud the prosecutor's efforts to deal with this matter in a comprehensive and thorough fashion and we continue to cooperate with the prosecutor as this matter unfolds.”
Saiber said in a statement, “Although we cannot comment on the ongoing litigation, we categorically deny all claims made in the complaint and will vigorously fight these baseless allegations.” RWJ Barnabas Health does not comment on pending litigation, said spokeswoman Carrie Cristello.
Goydos is represented by Shaun Blick of Blick Law In Somerset, who declined to comment on the suit.
Goydos was placed on administrative leave in March 2018, after the Middlesex County Prosecutor's Office searched his home and allegedly found an assault rifle in the basement. The notice of his suspension was given in a letter from defendant Strom, vice president for health affairs at Rutgers University.
On Dec. 7, 2018, nine months after he was placed on administrative leave, with no charges filed, Rutgers advised Goydos it would be pursuing detenuring proceedings against him, the suit says. Goydos resigned on Dec. 14, 2018. Then on Dec. 28, he was indicted on 160 counts related to the restroom camera, co-workers' computers and the assault weapon.
“Dr. Goydos is a selfless man who has made a life and career out of saving lives, yet he is now faced with the fight for his own and sudden personal and professional ruin,” the complaint alleges.
Goydos claims in the civil suit that he is innocent and was “forced out” of the Rutgers Cancer Institute by Libutti, its director, who “himself was accused of perpetrating the same acts.” Libutti, who is also senior vice president of oncology services for RWJ Barnabas Health, “used his position and power to secure the backing” of that entity “to bankroll and partner in an investigation intended to clear his own name, while implicating someone else,” the suit claims.
That investigation was carried out by Maderer and Colao of Saiber, who, the suit claims, “formed their own criminal investigative enterprise, without regard to due process or other protections to those they were investigating, which included Dr. Goydos.” The investigation “is believed to have been carried out … with the common purpose to exculpate one, Libutti, and falsely implicate another, Dr. Goydos,” the suit states.
The defendants gathered “just enough innocent information that could be fashioned into a basis to incriminate an otherwise unwitting individual,” then “served up to prosecutors and police on a silver platter otherwise innocuous information of a purely circumstantial nature about Dr. Goydos that was presented in such a way that compelled law enforcement to look to Dr. Goydos,” the suit claims.
The suit brings claims for federal civil rights violations, violations of the state Conscientious Employee Protection Act, false light invasion of privacy, tortious interference with business relations, intentional infliction of emotional distress, negligence and conversion.
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