Legal Opinion
Mishler v. Clift
Court of Appeals for the Ninth Circuit
Decided September 8, 1999No. Nos. 98-15796, 98-15918PublishedCited by 47 opinions
1Opinion of the Court
T.G. NELSON, Circuit Judge:
The issue presented for review in this case is whether the district court erred in denying the Nevada Board of Medical Examiners’ motion to dismiss for failure to state a claim based on the grounds of absolute immunity. We hold that while the Board is entitled to absolute immunity for its quasi-judicial acts, such protection does not extend to its ministerial acts. Because each of Dr. Mishler’s claims in his complaint relies upon both the quasi-judicial acts and ministerial acts, it was not error for the district court to deny the Board’s motion. We, therefore,…
2Cases cited21 opinions
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Malley v. BriggsSupreme Court of the United States · 1986
- Stump v. SparkmanSupreme Court of the United States · 1978
- Butz v. EconomouSupreme Court of the United States · 1978
- Buckley v. FitzsimmonsSupreme Court of the United States · 1993
16 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Sandra K. Dunham v. George WadleyCourt of Appeals for the Eighth Circuit · 1999
- Leonard R. Milstein v. Stephen L. Cooley Robert B. Foltz Countyof Los Angeles, OpinionCourt of Appeals for the Ninth Circuit · 2001
- Diblasio v. NovelloCourt of Appeals for the Second Circuit · 2003
- Diblasio v. NovelloCourt of Appeals for the Second Circuit · 2003
- Lloyd Dela Cruz v. Kauai County Melvin K. Soong, Prosecuting Attorney for the County of KauaiCourt of Appeals for the Ninth Circuit · 2002
42 more not listed; retrieve them via the Exa API.