Buckwalter v. State of Nevada Board of Medical Examiners, et al., No. 11-15742 (9th Cir. 2012)
Annotate this CasePlaintiff appealed the district court's dismissal of claims he brought against Board Members, in their individual capacities, under 42 U.S.C. 1983. Plaintiff alleged that the Board Members deprived him of his constitutional rights when, in an ex parte emergency proceeding, they summarily suspended his authority to prescribe medication. The court held that the Board Members were absolutely immune from plaintiff's claims for money damages where they were functionally comparable to judges and their summary suspension authority was comparable to a judicial act. The court also held that Younger abstention barred plaintiff's claims for equitable relief. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on June 8, 2012.
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