Lawyer Joins Federal Civil Rights Suit Against Health Facility, Suffolk D.A. (Spota, D-NY)

New York Law Journal ^ | January 08, 2010 | By Vesselin Mitev

[Behind Liberal Lines]

A Manhattan attorney who was unsuccessfully prosecuted for advising 10 nurses that they could quit their jobs at a Long Island nursing facility has joined the nurses in filing a federal civil rights suit against the operator of the facility and Suffolk County District Attorney Thomas Spota.

The suit was filed in the Eastern District on Wednesday and claims that a March 2007 criminal indictment brought by Mr. Spota's office violated the constitutional rights of attorney Felix Vinluan and his clients, including freedom of speech and due process.

Mr. Spota had accused Mr. Vinluan and the nurses of conspiring to endanger the lives of patients by simultaneously resigning from their posts in April 2006 at a Smithtown health care facility operated by Sentosa Care, the company that had recruited the nurses in the Philippines (NYLJ, Feb. 26, 2008).

But in January 2009, a Brooklyn appeals panel ordered Mr. Spota to halt his prosecution, ruling that Mr. Vinluan could not be criminally charged for giving "objectively reasonable" advice

Now, Mr. Vinluan and the nurses are looking to be compensated for a "vindictive and inexcusable" prosecution, said Oscar Michelen, Mr. Vinluan's attorney. The suit seeks unspecified damages.

In an interview, Mr. Vinluan said the criminal case had sidelined him for more than two years.

"It was like a big cross that had been removed from my back," Mr. Vinluan said. He said he is "starting from scratch" to rebuild his practice, which includes employment law and civil litigation.

"I used to have eight or nine people working for me and now it's just me," he said. "I'm struggling…it's like starting all over again. I'm advertising again and getting out and telling people, 'Hey, I'm back,' but it's hard."