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STATE OF OREGON & RASMUSSEN v ASHCROFT Click to find out why . . .



Keywords & Phrases
CaseNo: SOORVA192527, CourtName: MISC 3, Plaintiff: STATE OF OREGON & RASMUSSEN, State: OR Oregon, UniqueCaseRef: LCD>SOORVA192527, Act, Oregon Death, Dignity Act, Dea, Prescription, United States, Enforcement, Controlled Substances, Dea Registration, Interpretation, Administration, Complaint, Csa, Physician, Patients, Constitution, Drug Enforcement, Pharmacists, Dispense, Medication, Revocation, Terminally Ill, Threatened Enforcement, Authority, Sanctions , ContentID: 120252973

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 128773
17 pages
PDF
Total Documents: 1 document , 17 pages
Price: $ 19.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
OREGON DEATH
DIGNITY ACT
DEA
PRESCRIPTION
UNITED STATES
ENFORCEMENT
CONTROLLED SUBSTANCES
DEA REGISTRATION
INTERPRETATION
ADMINISTRATION
COMPLAINT
CSA
ATTORNEY
PHYSICIAN
PATIENTS
CONSTITUTION
LAW
DRUG ENFORCEMENT
PHARMACISTS
DISPENSE
MEDICATION
DEFENDANTS
REVOCATION
COURT
PLAINTIFFS
TERMINALLY ILL
THREATENED ENFORCEMENT
AUTHORITY
SANCTIONS
 1     Eli D. Stutsman, OSB No. 92136{PRIVATE }
       Attorney at Law
 2     A Professional Corporation
       The American Bank Building
 3     Thirteenth Floor, 621 S.W. Morrison
       Portland, Oregon  97205
 4     Telephone:  (503) 274-4048

 5             Attorney for Plaintiffs-Intervenors

 6


 7


 8
                               IN THE UNITED STATES DISTRICT COURT
 9
                                     FOR THE DISTRICT OF OREGON
10
       STATE OF OREGON,                               )
11                                                    )
               Plaintiff,                             )    Case No. CV 01-1647-JE
12                                                    )
                       &                              )    COMPLAINT  IN
13                                                    )    INTERVENTION
       PETER A. RASMUSSEN, M.D.; and                  )
14     DAVID  MALCOM  HOCHHALTER,                     )    (Declaratory and Injunctive
       RPh,                                           )    Relief)
15                                                    )
               Plaintiffs-Intervenors,                )
16                                                    )
                       v.                             )
17                                                    )
       JOHN ASHCROFT, in his official                 )
18     capacity as United States Attorney             )
       General; ASA HUTCHINSON, in his                )
19     official capacity as Administrator of the      )
       Drug Enforcement Administration;               )
20     KENNETH W. MAGEE, in his official              )
       capacity as the Director of the Drug           )
21     Enforcement Administration, Portland           )
       Office; THE UNITED STATES OF                   )
22     AMERICA; THE UNITED STATES                     )
       DEPARTMENT OF JUSTICE; and THE                 )
23     UNITED STATES DRUG                             )
       ENFORCEMENT  ADMINISTRATION,                   )
24                                                    )
SNIPPETS:
  • Attorney at Law
  • Page 1 - COMPLAINT
  • Substances Act be interpreted and enforced against Oregon physicians and pharmacists who
  • prescribe and dispense federally controlled substances under the Oregon Death With Dignity
  • This action seeks declaratory and injunctive relief against the Drug Enforcement
  • Administration (DEA) and Attorney General of the United States.
  • This court has jurisdiction under 28 U.S.C. § 1331 and 28 U.S.C
  • The defendants are all federal officials sued in their official capacity.
  • 17 or more plaintiffs reside within this judicial district].
  • 25 signed into law SB 491, amending the Oregon Death with Dignity Act.
  • terminally ill adult residents of Oregon -- who meet all requirements established
  • request and use such a prescription will be made knowingly and voluntarily,
  • defendants threaten license revocation and criminal enforcement actions
  • estimates that he is currently treating hundreds of patients facing a terminal disease.
  • 13 physician and DEA registrant, Dr. Rasmussen has participated under the Oregon Death With
  • He cannot risk DEA registration revocation
  • 25 proceedings or other sanctions, criminal and financial.If DEA enforcement is not
  • 10 distributing a controlled substance, except as authorized by the CSA, is subject to severe
  • Ashcroft repudiated the prior Attorney General's interpretation of the CSA.
  • and a five million dollar fine, depending upon which medication was prescribed (i.e., whether
  • 20 threatened enforcement of the CSA, such actions will now expose him to criminal prosecution
  • 14 statutory authority delegated to the defendants under the CSA.
  • 18 the United States Constitution, specifically the Commerce Clause set out in Article I,
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