Daniel De Oliveira, MD, has filed a federal lawsuit against the New York State Commission on Ethics and Lobbying in Government, alleging that the agency violated his constitutional rights by improperly asserting jurisdiction and retaliating against him through his employer according to court documents obtained by Becker’s.
The complaint, filed in August, alleges that the Commission wrongly tried to require him to submit a financial disclosure for 2024, despite the fact that he did not reside in or earn income in New York during that year.
Dr. De Oliveira claims he was labeled a “delinquent filer,” which was also communicated to his employer by the agency, causing reputational damage. He also claims that he informed the commission of his nonresident status and requested an exemption from disclosure requirements. He further alleges that the commission ignored this request and threatened him with fines of up to $40,000.
The agency then allegedly reached out to Dr. De Oliveira’s professional leadership rather than contacting him directly, which he claims was an act of retaliation.
He argues that the commission’s actions violate his rights under the 14th Amendment, and that the agency lacked the legal authority to assert jurisdiction. He cites the 1945 case of International Shoe Co. v. Washington to support his claim of having no “minimum contacts” with New York sufficient to justify the state’s involvement.
Dr. De Oliveira seeks multiple forms of relief, including a declaratory judgement affirming the commission lacked jurisdiction, an injunction prohibiting further contact with his employer or public labeling of him as delinquent and compensatory damages equal to the threatened $40,00 fine. He is also seeking treble damages under civil rights laws totaling $120,000, punitive damages and a reimbursement for legal costs.
