Guttman v. Khalsa, et al, No. 10-2167 (10th Cir. 2012)
Annotate this CasePlaintiff-Appellant Stuart Guttman, MD had a history of depression and post-traumatic stress disorder. His medical license was "qualified" by the New Mexico Board of Medical Examiners, which subjected him to quarterly psychiatrist reports and other conditions. The Board removed the qualifications in 1995. Several years later, the Board began receiving complaints about Plaintiff. The Board reviewed Plaintiff's conduct in his practice, and in 2000, the Board summarily suspended Plaintiff's medical license after finding "clear and convincing" evidence that having Plaintiff continue his practice would be an "imminent danger to public safety." In 2001, after recognizing an extensive pattern of disruptive and abusive behavior in dealing with patients and healthcare professionals, the Board revoked Plaintiff's license. The question presented in this appeal before the Tenth Circuit was whether the Eleventh Amendment protected New Mexico from a suit for money damages under Title II of the Americans With Disabilities Act (ADA). Plaintiff challenged the Board's findings in state court, asserting that the Board's actions violated Title II of the ADA. The State court refused to consider Plaintiff's claim, and the New Mexico Supreme Court affirmed. Upon review, the Tenth Circuit concluded that the Eleventh Amendment indeed protects New Mexico from suit on sovereign immunity grounds. Accordingly, the Court found that the district court did not err in dismissing Plaintiff's ADA claim.
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