United States Second Circuit

In civil rights action alleging race discrimination and denial of a property right in the form of plaintiff's medical license, dismissal is affirmed on the grounds of absolute judicial immunity, statute of limitations and failure to state a claim. Absolute judicial immunity attaches to a state medical review board's disciplinary proceeding where, as here, the individual charged has the right to be represented by counsel, to present evidence and to cross-examine witnesses, and where the board articulates its findings and conclusions in a binding order under a preponderance of the evidence standard.

Appellate Information

• Decided 10/29/2007
• Published 10/29/2007

Judges

• PER CURIAM:, Before: FEINBERG, WINTER and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• James P. Davies, Buffalo, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Julie S. Mereson, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, Nancy A. Spiegel, Special Assistant Solicitor General), Albany, NY, for Defendants-Appellees.