Simmons' appeal denied for a second time
By M. Scott Carter
Spears' previous letter to Simmons made no such claim, nor do any of the 6,000 pages of Simmons' medical records, which were sought by his attorney, John "Billy" Coyle.
Still, Spear denied Simmons' request.
"In consideration of the above information, your appeal is denied," Spear wrote. "Since the receiving facility in Wichita Falls, Texas has changed their decision to admit you to that facility, we will continue to work with the United States Department of Veterans Affairs in an effort to find a facility suited to your needs and the medical care you require."
Colye said veterans center officials keep changing their reasons for Simmons' eviction.
"I have still not been provided any medical reasons as to why Mike Simmons is being denied residency at the Norman Veterans Center," Coyle wrote in a June 15 response to Spear. "In all of the previous discharge letters, it was stated that the reason was due to the Norman Veterans Center inability to meet the medical needs of Mike Simmons. Contrary to that, I have only now been notified of various disciplinary problems with Mike Simmons that indicate you no longer want him to be a resident at the Norman Veterans Center."
Additionally, Coyle said the NVC's administrative court policy and procedures handbook provided residents receive due process by having a formal hearing -- hearings, Coyle said, which were denied to Simmons.
"It also outlines the members of the administrative court and further outlines the formal procedure the administrative court is to follow at the resident's hearing," Coyle wrote. "Mr. Simmons has been denied all formal requests that have been made and he has not been give his due process rights."
In her second letter, Spear claimed the Administrative Court at the veterans center "was not in existence" when Simmons was originally notified of his eviction. "The decision to discharge you was made under the existing rules of this agency and there has never been a period of time since the initial notice in October of 2008 that the discharge was withdrawn. Further, the Administrative Court, is not for the purpose of hearing cases involving discharge."
Coyle disagreed.
Spears' claims, he wrote, were in "direct contrast" to her initial determination the discharge was "due to medical reasons." Coyle also asked Spear for records of complaints about Simmons' behavior.
"Please provide with a copy of any and all documentation regard the allegations against Mr. Simmons, specifically all complaints by staff and any responses from the administration and-or the nursing staff," he wrote.
Coyle said Simmons wants to remains at the veterans center. Simmons said veterans officials "continue to change" their stories each time their decision to evict him is questioned.
"This has been going on for more than a year," he said. "Now, every time I hear from them, they come up with something new."
Coyle said he would continue to fight Simmons' eviction, seeking a court injunction if necessary. "Please notify us as your earliest opportunity of any decisions regarding Mr. Simmons," he wrote, "so that we may file an appeal in district court seeking justice for my client."
Neither Spear nor officials with the Norman Veterans Center returned telephone calls seeking a response.