MONTANA COURT MUZZLES BARKING RADIOLOGIST

In St. James Healthcare v. Cole, Mont., No. DA 07-0084, 2/12/08. the Montana Supreme Court upheld an injunction that  St. James Healthcare obtained against its former exclusive contractor for radiologist services., Dr. Jesse A. Cole. Dr. Cole allegedly made harassing and threatening phone calls to a radiologist a Boston University Medical Center in Massachusetts who obtained the radiology contract after Dr. Cole was dispatched by St. James. Dr. Cole sent emails and phone calls to his replacement warning her of a “predatory situation” and that “bad things can happen to you.”  The Court concluded that an injunction that proscribed speech and conduct that was intended to embarrass, harass or threaten was not protected by the First Amendment to the Constitution and therefore the injunction and restraining order imposed on Dr. Cole was not an illegal prior restraint. Dr. Cole, is a fan of the Second Amendment to the Constitution as well. He maintains two 64 gun vaults, which seems to have generated some considerable concern about the potential of his going “postal.” Other radiologists testified in court about a concern s over threatening interactions with Dr. Cole in the past. Erratic behavior and large gun vaults do tend to focus the mind.