Zadeh v. Robinson, No. 17-50518 (5th Cir. 2018)
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The Fifth Circuit affirmed the district court's partial grant of summary judgment of defendants' motion to dismiss and later grant of summary judgment rejecting all remaining claims. In this case, plaintiff and one of his patients filed suit against Texas Medical Board members under 42 U.S.C. 1983, alleging that the Board's execution of an administrative subpoena on plaintiff's medical office violated the Fourth Amendment.
The court held that, although there was a violation of plaintiff's constitutional rights, the unlawfulness of defendants' conduct was not clearly established at the time of the search. The court held that the search in this case was not pretextual where the Board's purpose was demonstrated by the subsequent administrative action against plaintiff. Finally, the district court did not abuse its discretion in abstaining from deciding the declaratory judgment claims, and arguments that Director Robinson was liable in her supervisory capacity were rejected.
The court issued a subsequent related opinion or order on July 2, 2019.
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