There thus remains a genuine issue of material fact with

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The instant record offers evidence that, on the one hand, Dr. Bors Koefoed had some discretion over the day to day details of his practice and may have been solely responsible for the medical decisions concerning the treatment of plaintiffs, yet, on the other, was subject to some degree of direction and control by his public employer. There thus remains a genuine issue of material fact with respect, at least, to whether or not the nature of defendant employment insulated him from liability for the matter at bar..

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