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Judge tosses out lawsuit against Las Vegas physician

A federal judge has dismissed a lawsuit filed in New York against a Las Vegas physician that alleged he ran a militia in Nigeria to intimidate, maim and kill Africans who didn't agree with his idea of a Christian makeover for his hometown .

U.S. District Court Judge Carol Bagley Amon ruled last week that her Brooklyn court lacked jurisdiction in the unique civil case brought against Dr. Godwin Maduka, whose Las Vegas Pain Institute also has an office in Henderson.

The lawsuit was filed in part under the Alien Tort Claims Act, a statute notable for allowing U.S. courts to hear human rights cases brought by foreign citizens for conduct outside the United States. Though the lawyer for the Nigerian plaintiffs, including some who now live in the United States, lives in New York, the judge could find no reason for the lawsuit to be filed in New York City.

In arguing that the suit be dismissed for jurisdictional reasons, Cal Potter, Maduka's lawyer, stressed that the physician "does not conduct business in New York."

In her motion to dismiss the case, the judge pointed out that under the law the plaintiffs in the case can refile the suit in Nevada.

Richard Igwike, a professor at Dillard University in Louisiana and a plaintiff in the case, noted that the judge said the plaintiffs have 10 years from 2006 and 2007 -- when the alleged violent acts occurred -- to refile the case.

"We won't give up," said Igwike, who argues that local, state and federal government leaders in Nigeria "have been bought off by Maduka so people who have been victimized by him can't get a fair trial there."

Igwike claims Maduka forced a name change on the town in 2008, from Nkerehi, which means "taking a cow by force," to Umuchukwu, or "children of God."

The physician says, however, that he simply favored a crusade led by townspeople.

Maduka, who has been applauded by many Nigerians for philanthropic acts in his hometown that include the building of houses, a school complex, town hall and church, maintains that the plaintiffs and their associates sparked the violence that grew out of jealousy for his contributions to the town. He said those who brought the lawsuit against him don't want to see the town move forward.

Maduka was pleased by the judge's ruling .

"I am thankful that I live in a country with one of the best judicial systems in the world," he said. "I will continue to put my full efforts towards Las Vegas Pain Institute and practicing with my group to relieve pain from patients afflicted with one condition or the other. I will also continue to give back in my community here in Clark County as well as abroad."

Contact reporter Paul Harasim at pharasim@reviewjournal.com or 702-387-2908.

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