Alsager v. Bd. of Osteopathic Med. and Surgery (Summary)

IMMUNITY

Alsager v. Bd. of Osteopathic Med. and Surgery, No. 13-5030 RJB (W.D. Wash. Mar. 8, 2013)

The United States District Court for the Western District of Washington granted a state and two state agencies’ motion to dismiss a lawsuit filed by a physician for injunctive relief and a declaration that certain state statutes governing disciplinary proceedings violate the Fourth, Fifth and Fourteenth amendments to the U.S. Constitution.

The state board of medicine began conducting an investigation into allegations of unprofessional conduct by the physician after it received a complaint that the physician inappropriately touched a patient and later began a sexual relationship with her. The physician filed a lawsuit against the state, the board of medicine, and the department of health, among others, seeking injunctive relief and a declaration that certain state statutes governing disciplinary proceedings violate the Fourth, Fifth and Fourteenth amendments to the U.S. Constitution.

The state and its two agencies filed a motion to dismiss based on immunity under the Eleventh amendment to the U.S. Constitution, and the district court granted the motion, finding that the claims against the state and its agencies were barred by the Eleventh Amendment, since there was no evidence that the state or agencies consented to a suit.