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.
Filed August 26, 2009
Opinion by Judge Yegan
Joseph D. Allen
Pamela J. Holmes, Supervising Deputy Attorney General
Brent W. Reden, Deputy Attorney General