Federal judge says city violated Virginia Beach dentist’s constitutional rights
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Federal judge says city violated Virginia Beach dentist’s constitutional rights

September 9, 2019


ON TEN – (STEPHANIE) IN FEBRUARY A VIRGINIA BEACH DENTIST WON HIS FEDERAL LAWSUIT AGAINST THE CITY, AFTER THEY FORCED HIM TO RELOCATE AND DIDN’T PROPERLY REIMUBURSE HIM. (LAURA) DOCTOR ALLAN BERGANO WAS ASKING FOR 475-THOUSAND DOLLARS. A FEDERAL JUDGE WILL DECIDE JUST HOW MUCH HE WILL GET. (STEPHANIE) TEN ON YOUR SIDE’S ANDY FOX HAS BEEN FOLLOWING DOCTOR BERGANO’S CASE EVERY STEP. HE WAS IN THE COURT TODAY. ANDY – THE JUDGE IS NOT HAPPY WITH THE CITY? (ANDY) FEDERAL JUDGE HENRY MORGAN HAD ONLY HARSH COMMENTS FOR THE CITY OF VIRGINIA BEACH’S CONDUCT IN THE BERGANO CASE. MORGAN SAYS “THERE IS NOTHING FAIR AND JUST WHAT THE CITY HAS OFFERED BERGANO,” “THE CITY HAS NO SHAME” “THE CITY HAS NEVER GIVEN ACCURATE INFORMATION ON HOW IT COMPUTES RELOCATION COSTS.” AND JUDGE MORGAN SAYS HE IS ‘MYSTIFIED’ ON HOW POORLY THE CITY CONTINUES TO TREAT DR. ALLAN BERGANO. DR. ALLAN BERGANO/DENTIST ((‘I AM JUST AS MYSTIFIED AND THE JUDGE IS MYSTIFIED THIS WHOLE CASE IS MYSTIFYING TO ME)) FEDERAL DISTRICT JUDGE HENRY MORGAN SLAMMED VIRGINIA BEACH FOR FAILURE TO GIVE DR. ALLAN BERGANO NOTICE ON HOW TO COMPUTE HIS RELOCATION COSTS DR. ALLAN BERGANO/DENTIST ((IT IS VERY UNCLEAR FORM THE VERY BEGINNING THROUGH THIS WHOLE PROCESS THERE ARE NO RULES LIKE WHAT THE JUDGE WAS SAYING. THERE’S NO STANDARDS, AND I BELIEVE MY CASE WILL BE THE LANDMARK CASE TO GET THINGS STRAIGHT)) JUDGE MORGAN SAID THE CITY HAS “NO SHAME” “BERGANO’S CONSTITUTIONAL RIGHTS HAVE BEEN VIOLATED. THEY DID NOT GIVE BERGANO A FAIR HEARING. BERGANO’S ATTORNEY JOE WALDO JOE WALDO/ATTORNEY ((THEY DID NOT TREAT DR. BERGANO FAIRLY AND THEY DID NOT TREAT DR. BERGANO FAIRLY AS THEY DID ALL THE OTHER DENTISTS WHO HAD THEIR BECAME CLEAR IT IS POSSIBLE THE CITY CAN NOT STATE EXACTLY HOW THREE OTHER SETTLEMENTS. DR. ALLAN BERGANO/DENTIST ((THIS IS TAXPAYER MONEY NOW THEY ARE GOING TO HAVE TO GO BACK TO THE CITY TO SPEND MORE TAXPAYER MONEY TO DECIPHER HOW THESE OTHER DENTISTS WERE PAID AND HUNTER SIMS TO ARGUE IT’S CASE WHICH HE HAD TO ADMIT TODAY “MAYBE WE ARE WRONG” MAYBE WE ARE RIGHT. I STILL NEED TO FIGHT FOR MY CLIENT” OUTSIDE COURT HUNTER SIMS/ATTORNEY ((I DON’T HAVE ANY COMMENT WE ARE STILL IN LITIGATION)) ATTORNEY JOE WALDO ((I THINK IT WAS CLEAR TODAY HE REITERATED IT TODAY THE CITY HAS NOT BEEN FAIR TO THE BERGANOES)) (ANDY) AFTER TODAY’S HEARING I CALLED DEPUTY CITY ATTORNEY CHRIS BOYTON HE RESPONDED TO JUDGE MORGAN’S STATEMENT HE’S MYSTIFIED HOW THE CITY CONTINUES TO TREAT DR. BERGANO POORLY. “THAT’S THE JUDGE’S PERCEPTION, AND HE’S ENTITLED TO THAT. WE RESPECTFULLY DISAGREE WITH THE JUDGE, AND THE CITY IS KEEPING ALL OPTIONS OPEN…INCLUDING A SETTLEMENT. YOU HAVE TO NEGOTIATE WITH A WILLING PARTNER, AND SO FAR THE BERGANO’S HAVE NOT BEEN WILLING PARTNERS.”

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