PRESQUE ISLE — A federal appeals court has ruled that Dr. James Benjamin may refile his discrimination suit claiming that he was forced off the medical staff at The Aroostook Medical Center because he is African-American.

The 1st Circuit Court of Appeals in Boston ruled that the lower court in Bangor went “a step too far” last August when it dismissed Benjamin’s suit “with prejudice.”

The lower court’s decision, issued last week, had meant that the doctor would not be allowed to refile the suit.

Benjamin was not in his office Tuesday, and a receptionist said he was not available for comment on the case.

U.S. District Judge Morton A. Brody dismissed Benjamin’s claim when the doctor’s attorney from Washington, D.C., failed to attend a hearing on a motion to dismiss the suit. The attorney, James Chandler, also had not appeared during other proceedings related to the suit.

However, the appeals court cited an Aug. 2 motion filed by Chandler, who had been seriously ill, that asked for an extension of time on the case. The motion stated that Chandler’s doctor said he would not be able to resume court duties until mid-August.

“Thus we think that Chandler provided the court and TAMC at least some notice that he might not be able to attend the August 17 hearing,” wrote the appeals court.

In addition, the Aug. 17 hearing was scheduled after the Aug. 2 motion was filed, the appeals court said.

“While we agree that Chandler’s failure to appear or to notify the court warrants punishment, we believe, that in this case, the District Court’s use of the ultimate sanction of dismissal with prejudice was a step too far,” the court said.