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Bearman v. Cal. Med. Bd., No. B210868

By FindLaw Staff on August 27, 2009 4:56 PM

In a 42 U.S.C. section 1983 action claiming that defendant state medical board personnel wrongfully investigated plaintiff-physician's recommendation of medical marijuana to a patient, dismissal of the action is affirmed where plaintiff's claims were barred by qualified immunity because he alleged no facts that a reasonable public official would have believed that issuance of the administrative subpoena under the facts presented violated a clearly established statutory or constitutional right.

Read Bearman v. Cal. Med. Bd., No. B210868

Appellate Information

Filed August 26, 2009

Judges

Opinion by Judge Yegan

Counsel

For Appellant:

Joseph D. Allen

For Respondent:

Pamela J. Holmes, Supervising Deputy Attorney General

Brent W. Reden, Deputy Attorney General

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