FOR IMMEDIATE RELEASE: Healthcare CEO Alleges Constitutional Rights Violations and Judicial Misconduct in Landmark Case Against Texas Woman’s University

FOR IMMEDIATE RELEASE

Healthcare CEO Alleges Constitutional Rights Violations and Judicial Misconduct in Landmark Case Against Texas Woman’s University

New York, NY – November 8, 2024 – Gavin Solomon, President & CEO of Truway Health, Inc., has filed a judicial conduct complaint against Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York (SDNY), citing serious constitutional concerns and alleged judicial misconduct in case 1:24-cv-08218-PAE, Truway Health, Inc. v. Texas Woman’s University. Mr. Solomon contends that recent judicial rulings have denied his civil and commercial rights, particularly by obstructing his ability to represent his company, Truway Health, Inc., in court.

In a controversial decision, Judge Engelmayer denied Truway Health’s request to proceed pro se, thereby compelling the small business to retain legal representation despite the substantial financial burden. This decision, according to Mr. Solomon, disregards relevant precedents that allow for judicial discretion in similar cases involving closely held corporations. Mr. Solomon has argued that Truway Health’s corporate structure—essentially mirroring that of a sole proprietorship with Mr. Solomon as the sole owner and decision-maker—should warrant an exception to the rule. The complaint further alleges that by refusing to consider these unique circumstances, Judge Engelmayer has effectively blocked Truway Health from accessing justice on an equal footing with other entities.

“Small businesses like mine should have the ability to defend themselves without facing the heavy financial burden of mandatory legal representation,” said Gavin Solomon. “The court’s refusal to acknowledge Truway Health’s unique structure as a closely held corporation essentially strips us of our constitutional right to access the courts. This decision, in my view, violates our fundamental rights under the U.S. Constitution and federal law.”

The judicial complaint, filed with the United States Court of Appeals for the Second Circuit, highlights several key issues:

1. Denial of Pro Se Representation: Judge Engelmayer’s refusal to allow Truway Health to proceed pro se is alleged to infringe upon the company’s right to defend itself, adding substantial and unnecessary legal costs. Mr. Solomon argues that this decision disregards Truway Health’s status as a small, closely held corporation and violates the intent of 28 U.S.C. § 1654.
2. Disregard for Judicial Precedent and Discretion: The complaint cites previous cases, such as Lattanzio v. COMTA and Rowland v. California Men's Colony, where courts allowed flexibility for entities with sole proprietors. By overlooking these precedents, the complaint argues, the court has applied an arbitrary interpretation of the law.
3. Civil Rights Concerns: Mr. Solomon asserts that the decision to deny pro se status constitutes a violation of his civil rights and those of Truway Health, particularly as it restricts their access to justice.

The complaint requests an investigation into Judge Engelmayer’s handling of the case, reassignment of the matter to another judge to ensure impartiality, and a review of the SDNY’s procedures concerning equitable access to justice for small businesses.

This case underscores a broader issue affecting small businesses nationwide, many of which face significant barriers to legal representation due to financial constraints. Mr. Solomon’s efforts to challenge these barriers could have far-reaching implications for how the justice system accommodates the unique needs of small, closely held corporations in the legal process.

Contact: Gavin Solomon
President & CEO, Truway Health, Inc.
Phone: (516) 768-5264
Email: gavin@truwayhealth.com

About Truway Health, Inc.
Truway Health, Inc. is a healthcare-focused e-commerce company based in New York, specializing in the distribution of medical supplies and equipment. The company is dedicated to promoting transparency, accountability, and equitable access to healthcare resources.