A Tripler Army Medical Center neurologist filed a federal lawsuit yesterday complaining that “;a pattern of harassment, retaliation and violations of his constitutional rights”; led to his premature resignation last year.

Attorney Eric Seitz said his client, Col. Michael Russo, who joined Tripler's staff three years ago, decided to leave the Army last year after his superiors fabricated charges against him and required him to undergo psychiatric evaluation and peer review to discredit him and tarnish his medical record.

Seitz said the climate under Brig. Gen. Stephen Jones, who has led Tripler over the past three years, is “;very unhealthy”; and that he has several other cases where junior officers are being bullied and threatened.

He also has requested a preliminary injunction to prevent Tripler officials from taking action that would jeopardize Russo's medical career after he leaves the service.

There was no immediate comment from Tripler officials who were asked for comment on Russo's lawsuit.

In his 15-page suit seeking an injunction, Seitz said Russo's problems began last year after he made several suggestions to improve the management and operations of the neurology clinic, including reducing the volume of patients he was required to see. When his suggestions were ignored, Seitz said, Russo repeatedly requested to be transferred out of the clinic because by then he was subjected to bullying and reprisals.

Russo's complaint said that on Jan. 8, 2009, Cmdr. Judith Dickert, Tripler's chief of medicine, verbally suspended his clinical privileges and referred the matter to the hospital's credentials committee.

Seitz maintains such a “;summary suspension”; can only be done only in cases of a doctor's misconduct, professional incompetence or negligence or where a patient's life is in danger. However, Russo was never provided with evidence or incidents that would warrant a summary suspension, nor was a hearing ever held as required by law, Seitz said.

Russo also was required to submit to a psychiatric evaluation ordered by Tripler, and his behavior was monitored and evaluated — which Russo believes were reprisals because he expressed concern about the management and quality of care administered by Tripler's neurology clinic. Russo also was ordered to remove his belongings from the clinic, and the hospital told his patients that he had been transferred from Tripler.

Both peer review and a credentials committee investigations found no evidence to support any of the allegations, Seitz said, and Jones reinstated Russo's privileges in June.

However, Seitz said Russo is concerned that since no formal hearings were held, Tripler officials could later change their minds and report what they did to the National Practitioners Data Bank. Such action, which would be posted on the organization's Web site, could jeopardize Russo's medical career after he leaves the Army.

Seitz said Russo has “;an unblemished record.”; He also was awarded the Chairman of the Joint Chiefs of Staff award for excellence in military medicine in 2002 and is an adjunct professor at the University of Hawaii medical school.

In court papers, one investigative officer said Russo has “;clearly established himself as an academic neurologist with few peers in Army neurology,”; but that distinction was achieved because he focused his career in academic positions at the expense of his own clinical experience.

A three-person peer committee described Russo's case as “;relatively weak,”; noting that he was better suited for research and more productive as an academician rather than clinician. The committee also added that “;it would be lamentable for a career impacting adverse credentialing action to be taken so close to 20 year retirement for an individual with a long history of loyal service to Army neurology.”;