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Pine Ridge woman's lawsuit against doctor proceeding

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SIOUX FALLS - A civil lawsuit filed in 2005 by a Pine Ridge woman accusing an Indian Health Services doctor of sexual contact is moving closer to trial.

Tamara Star Comes Out, who also goes by Tamara Starr, brought the complaint in against Dr. Mohammad Ahsan of Ohio.

The other original defendant, VISTA Staffing Solutions Inc. of Salt Lake City, has since been removed from the case filed in U.S. District Court in Rapid City. VISTA provided Ahsan to the hospital as a temporary physician.

Star Comes Out said she went to the IHS hospital in Pine Ridge Nov. 24, 2004, seeking treatment for abdominal pain. During an examination, Ahsan pulled up her blouse and touched her inappropriately, questioned if she was married and had children and asked if she would return to see him, according to the lawsuit.

"The physical touching by defendant Ahsan was not related to any legitimate medical purpose, nor was it necessary for treatment or diagnosis by plaintiff," the complaint states.

Star Comes Out was "disturbed and upset, she felt like crying and felt 'dirty,' and had difficulty sleeping," according to the document. The incident caused her to have bouts of crying, anxiety, nightmares, nausea and loss of appetite, it stated.

The four-count complaint accuses Ahsan of battery and intentional infliction of mental distress and seeks financial compensation, punitive damages and other costs, all to be determined at a jury trial.

Lawyers received a sixth delay in the case last month but the motion indicates they are nearly done taking the depositions needed for the lawsuit to proceed, including several from IHS employees taken in June. Attorneys have until October to file all motions.

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