James Murphy v. Nita Goss

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 11 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JAMES MICHAEL MURPHY, MD, No. 15-35397 Plaintiff-Appellant, D.C. No. 3:14-cv-01135-SI v. MEMORANDUM* NITA GOSS, in her individual capacity as Health Professionals Program Coordinator, Oregon Medical Board; W. KENT WILLIAMSON, in his individual capacity as Board Chair of Oregon Medical Board; KATHLEEN HALEY, as the Executive Director of the Oregon Medical Board, Defendants-Appellees. Appeal from the United States District Court for the District of Oregon Michael H. Simon, District Judge, Presiding Submitted June 7, 2017** Portland, Oregon Before: TASHIMA, GOULD, and RAWLINSON, Circuit Judges. Dr. James Murphy appeals a district court’s order granting summary * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). judgment in favor of Defendants Nita Goss, W. Kent Williamson, and Kathleen Haley on Murphy’s due process and equal protection claims. Dr. Murphy contends that Defendants knowingly made a false statement when reporting Dr. Murphy’s discipline by the Oregon Medical Board to the National Practitioner Data Bank (Data Bank). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. The district court did not err in concluding that Defendants are immune from liability under 42 U.S.C. § 11137(c). The record contains no evidence that Defendants knew that any information Goss submitted to the Data Bank in relation to Dr. Murphy’s discipline was false. AFFIRMED. 2