De la Torre is asking the court to declare that all actions related to enforcement of the subpoena are invalid and unconstitutional — including the vote of the committee on Sept. 19 approving the criminal contempt resolution and its decision to present the resolution to the full Senate for a vote.

The suit, filed Monday in federal court, claims that the lawmakers are violating the hospital executive's constitutional rights.

After the Senate unanimously voted to hold Dr. Ralph de la Torre in criminal contempt after he declined to testify before a Committee on his role in the hospital's collapse, he will step down tomorrow.