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Bearman v. Cal. Med. Bd., B210868

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.

Appellate Information

  • Decided 08/26/2009
  • Published 08/26/2009

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  • California Court of Appeal

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